Eastern District of Kentucky

LEXINGTON, Ky. – Keith A. Griffith, 35, a federal inmate, was sentenced today to four years in prison by United States Chief District Court Judge Karen K. Caldwell, for bribing a corrections officer at the Federal Medical Center in Lexington, Kentucky (“FMC Lexington”), a federal correctional facility, to smuggle prohibited items into the prison. This sentence is to be added to the term of imprisonment Griffith was already serving for narcotics related offenses.         

Griffith previously admitted that he conspired with a federal corrections officer, James Carrington, Stephanie Dukes, and inmate Amai Rawls, to introduce prohibited objects into FMC Lexington, including mp3 players, tobacco, cell phones, weight supplements, and synthetic marijuana.  Dukes, at the direction of Griffith, would purchase the contraband and deliver the items to Carrington, along with a payment for Carrington’s services. Carrington would then distribute the contraband to Griffith within the prison, for Griffith’s personal use and for distribution to other inmates.  Carrington was considered a public official under the law.

James Carrington of Winchester, Kentucky, pleaded guilty to bribery of a public official, and was sentenced to 24 months in prison.  Stephanie Dukes of Louisville, Kentucky, also pleaded guilty to bribing a public official and received a sentence of 18 months’ incarceration for her role in the scheme.  Finally, federal inmate Amai Rawls pleaded guilty to conspiracy to introduce tobacco and cell phones into a federal correctional facility, a misdemeanor, for which he received a 5-month term of imprisonment.  He will serve this sentence consecutive to the sentence he was already serving for narcotics related offenses.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, John F. Oleskowicz, Special Agent in Charge of the Chicago Field Office for the U.S. Department of Justice Office of the Inspector General, and Amy Hess, Special Agent in Charge of the Louisville Field Office for the Federal Bureau of Investigation, jointly made the announcement today after the sentencing.

LEXINGTON, Ky. - Bryant Lamar Monie, 37, of Dayton, Ohio, was sentenced by United States District Judge Danny C. Reeves, on Friday, to 20 years in federal prison, for being an Armed Career Criminal and for possession of a firearm in furtherance of a drug trafficking offense.

Monie was convicted, following a jury trial, in April of 2016.  The evidence at trial established that Monie had moved to the Mt. Sterling, Ky. area in late 2015.  Thereafter, he began distributing cocaine in the area.  On August 13, 2015, law enforcement officers executed a search warrant at Monie’s residence and seized a loaded pistol and a distribution quantity of crack cocaine.  Monie had four prior felony drug convictions.      

Monie must serve eighty-five percent of his sentence; and upon release, he will be under the supervision of the United States Probation Office.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart J. Lowery, Special Agent in Charge, ATF Louisville Field Division; and David Charles, Chief of the Mt. Sterling Police Department, jointly made the announcement.

The investigation was conducted by the ATF and Mt. Sterling Police Department.    Assistant United States Attorney Roger W. West represented the United States in the case.

This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Attorney General Sessions has made turning the tide of rising violent crime in America a top priority. As part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district, crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. 

Initiative partners federal, state, and local law enforcement agencies, to enhance coordination of efforts and available resources

 

LEXINGTON, Ky. – Today, Robert M. Duncan, Jr., the United States Attorney for the Eastern District of Kentucky, and Lou Anna Red Corn, the Fayette Commonwealth’s Attorney, along with the Lexington Police Department (LPD), the Fayette County Sheriff’s Office (FCSO), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and other local, state and federal law enforcement partners announced a new working group to enhance the joint effort to combat violent crime and drug trafficking in Lexington.

The working group, which met formally for the first time on January 18, 2018, meets twice a month.  The new working group joins two existing violent crime reduction efforts, the Cease Fire Project and the Fayette County Violent Crime Task Force, under one working group, to enhance coordination of efforts and available resources. 

The collaboration is part of the U.S. Department of Justice’s enhanced Project Safe Neighborhoods (PSN) Program, a violent crime reduction program incorporating long-standing law enforcement partnerships to help produce a long-term, meaningful reduction in violent crime.  PSN is a comprehensive approach to public safety, one that includes prevention, enforcement, and reentry efforts.       

The working group will focus its efforts on individuals responsible for violent crimes and significant drug trafficking activities in the area, including those who commit acts of violence while armed with a firearm and those who commit armed drug trafficking.  As part of the collaborative partnership, members of the LPD, FCSO, ATF, FBI, DEA, and the other law enforcement partners meet regularly to share intelligence and to review cases about the most violent offenders in Lexington, including those cases in which the offender’s conduct involves possession or use of a firearm.  The cases are evaluated to insure that the most significant penalties will be applied to the offenders, whether in state or federal court.  The ultimate goal of the collaboration is to reduce violent crime and make Lexington neighborhoods safer for everyone.   

 “As Attorney General Sessions has confirmed, combatting violent crime, reducing access to drugs, and partnering with state and local law enforcement efforts are top priorities for the Department of Justice,” said U.S. Attorney Duncan.  “By combining our resources and working together to investigate and prosecute the most violent individuals in Lexington, we are sending a clear message that we will protect our communities against those who do them harm.  If you are using firearms to commit acts of violence or are illegally selling drugs you are on notice:  your conduct will not be tolerated; and if it continues, you risk arrest, prosecution, and the forfeiture of your freedom.”       

“The Fayette Commonwealth’s Attorney Office has worked closely with the United States Attorney’s Office on the Cease Fire Project for many years,” said Fayette Commonwealth’s Attorney Lou Anna Red Corn.  “Cease Fire focuses primarily on armed career criminals.  Our local Violent Crimes Task Force (VCTF) began meeting regularly in October 2016, with a goal of sharing information and reducing criminal activity committed by gang members.  The joining of Cease Fire and the VCTF under the enhanced PSN program, along with the education, prevention, and reentry efforts, gives us a real opportunity to impact violent crime in Lexington, and I am glad for this collaborative initiative.”

In addition to enforcement, the PSN program also incorporate prevention and education efforts.  “We want to encourage partnerships within our communities, not just within the law enforcement community,” said U.S. Attorney Duncan.  As part of those efforts, PSN participants will meet with various community organizations, civic groups, and schools to better understand the community’s needs, to provide education about the dangers of violent crime, and to look for positive solutions to reduce crime and increase safety. 

Additionally, the PSN program is supportive of reentry meetings in which those returning from prison sentences are provided information about transitioning to free society, and the potential consequences for continuing to commit crimes.      

Today’s announcement observes U.S. Attorney General Sessions’s directives to federal law enforcement and prosecutors:  reinvigorate the Project Safe Neighborhoods Program, in an effort to reduce rising violent crime in America and combat access to illegal drugs, particularly opiates and opioids. 

The Justice Department today announced that William Curtis Howell, 61, a former supervisory deputy jailer at the Kentucky River Regional Jail (KRRJ) in Perry County, Kentucky, has been sentenced to 120 months in federal prison related to his role in violently assaulting a pre-trial detainee and willfully failing to provide necessary medical attention that led to his death. Acting Assistant Attorney General John Gore of the Civil Rights Division, U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky, and Special Agent in Charge Amy Hess for the Federal Bureau of Investigation, made the announcement.

United States District Judge Karen K. Caldwell formally sentenced Howell, on his conviction. Under federal law, Howell must serve 85 percent of his prison sentence. Following the completion of his prison term, he will be under the supervision of the United States Probation Office for three years.

On May 11, 2017, a jury convicted Howell of using excessive force against a detainee, Larry Trent, 54, and to deliberately denying him medical care after violently beating him. Another former supervisory deputy jailer, Damon Wayne Hickman,  pleaded guilty on Nov. 9, 2016, to the same charges, and to obstructing justice by creating a fake medical log to cover up his and Howell’s misconduct. Hickman was sentenced on Nov. 1, 2017, to serve 126 months in prison.

According to evidence and testimony presented during Howell’s jury trial and Hickman’s pretrial hearings, on July 9, 2013, at the Kentucky River Regional Jail in Hazard, Kentucky, Hickman and Howell violently beat Trent and left him in his cell, seriously injured and bleeding from an open head wound. Trent, who was in custody for a DUI charge, ultimately died from injuries sustained during the beating.  Hickman, who was initially charged along with Howell, pleaded guilty prior to trial and testified against Howell.

According to evidence, the assault started when Howell and Hickman opened the door to Trent’s cell to remove a sleeping-mat, and Trent ran out of the cell. Howell tased Trent and after Trent was brought to the floor, Hickman, without justification, violently kicked Trent in the ribs. While deputies carried Trent back to his cell, Trent took the taser from the deputy jailers. Witnesses testified that after deputies retrieved the taser from Trent and while Trent was restrained on the floor by deputy jailers, Howell and Hickman, without justification, punched, kicked, and stomped on Trent. Witnesses further testified that, before closing the cell door, Howell stepped into Trent’s cell and kicked Trent in the head while Trent was on the floor and posing no threat. Further testimony was presented that, after the assault, Trent’s blood was in the detox hallway, booking area and on the deputies involved.

The evidence further revealed that Trent was lying motionless in his cell, without medical attention, with blood all over his face.  Approximately four hours after the beating, another employee at the jail discovered Trent’s motionless body. Paramedics were summoned and Trent was transported to a local hospital, where he was pronounced dead.

“Corrections officers throughout the country carry out their duties in a responsible manner on a daily basis,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Attacks like this one dishonor those responsible corrections officers and is a violation of civil rights, and the Department of Justice will prosecute such misconduct.”

“There is no place in law enforcement or corrections for this shocking and illegal conduct,” said U.S. Attorney Robert M. Duncan Jr. “The actions of those convicted dishonor the work done and sacrifices made by the overwhelming majority of law enforcement and corrections officers. All persons, including pretrial detainees and inmates, should be free of this sort of abuse. Our Office is committed to prosecuting these cases and ensuring that all persons are treated fairly under the law.” 

Autopsy results presented at trial showed that Trent died from internal bleeding caused by a displaced pelvic fracture, and from blunt force trauma to his head, torso, and extremities.

According to evidence presented at pretrial hearings for Hickman and at an unrelated jury trial of another KRRJ supervisory deputy jailer, Kevin Asher, Hickman and Asher assaulted another pre-trial detainee at the same jail in 2012. On Oct. 19, 2017, Asher was sentenced to 108 months imprisonment for his involvement in that unrelated inmate assault.

The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Hickman was responsible for the custody, care, safety and control of the inmates at the jail.

The investigation was conducted by the FBI and the Kentucky State Police. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.

 

WASHINGTON – The Justice Department today announced that William Curtis Howell, 61, a former supervisory deputy jailer at the Kentucky River Regional Jail (KRRJ) in Perry County, Kentucky, has been sentenced to 120 months in federal prison related to his role in violently assaulting a pre-trial detainee and willfully failing to provide necessary medical attention that led to his death. Acting Assistant Attorney General John Gore of the Civil Rights Division, U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky, and Special Agent in Charge Amy Hess for the Federal Bureau of Investigation, made the announcement.

United States District Judge Karen K. Caldwell formally sentenced Howell, on his conviction. Under federal law, Howell must serve 85 percent of his prison sentence. Following the completion of his prison term, he will be under the supervision of the United States Probation Office for three years.

On May 11, 2017, a jury convicted Howell of using excessive force against a detainee, Larry Trent, 54, and to deliberately denying him medical care after violently beating him. Another former supervisory deputy jailer, Damon Wayne Hickman,  pleaded guilty on Nov. 9, 2016, to the same charges, and to obstructing justice by creating a fake medical log to cover up his and Howell’s misconduct. Hickman was sentenced on Nov. 1, 2017, to serve 126 months in prison.

According to evidence and testimony presented during Howell’s jury trial and Hickman’s pretrial hearings, on July 9, 2013, at the Kentucky River Regional Jail in Hazard, Kentucky, Hickman and Howell violently beat Trent and left him in his cell, seriously injured and bleeding from an open head wound. Trent, who was in custody for a DUI charge, ultimately died from injuries sustained during the beating.  Hickman, who was initially charged along with Howell, pleaded guilty prior to trial and testified against Howell.

According to evidence, the assault started when Howell and Hickman opened the door to Trent’s cell to remove a sleeping-mat, and Trent ran out of the cell. Howell tased Trent and after Trent was brought to the floor, Hickman, without justification, violently kicked Trent in the ribs. While deputies carried Trent back to his cell, Trent took the taser from the deputy jailers. Witnesses testified that after deputies retrieved the taser from Trent and while Trent was restrained on the floor by deputy jailers, Howell and Hickman, without justification, punched, kicked, and stomped on Trent. Witnesses further testified that, before closing the cell door, Howell stepped into Trent’s cell and kicked Trent in the head while Trent was on the floor and posing no threat. Further testimony was presented that, after the assault, Trent’s blood was in the detox hallway, booking area and on the deputies involved.

The evidence further revealed that Trent was lying motionless in his cell, without medical attention, with blood all over his face.  Approximately four hours after the beating, another employee at the jail discovered Trent’s motionless body. Paramedics were summoned and Trent was transported to a local hospital, where he was pronounced dead.

“Corrections officers throughout the country carry out their duties in a responsible manner on a daily basis,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Attacks like this one dishonor those responsible corrections officers and is a violation of civil rights, and the Department of Justice will prosecute such misconduct.”

“There is no place in law enforcement or corrections for this shocking and illegal conduct,” said U.S. Attorney Robert M. Duncan Jr. “The actions of those convicted dishonor the work done and sacrifices made by the overwhelming majority of law enforcement and corrections officers. All persons, including pretrial detainees and inmates, should be free of this sort of abuse. Our Office is committed to prosecuting these cases and ensuring that all persons are treated fairly under the law.” 

Autopsy results presented at trial showed that Trent died from internal bleeding caused by a displaced pelvic fracture, and from blunt force trauma to his head, torso, and extremities.

According to evidence presented at pretrial hearings for Hickman and at an unrelated jury trial of another KRRJ supervisory deputy jailer, Kevin Asher, Hickman and Asher assaulted another pre-trial detainee at the same jail in 2012. On Oct. 19, 2017, Asher was sentenced to 108 months imprisonment for his involvement in that unrelated inmate assault.

The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Hickman was responsible for the custody, care, safety and control of the inmates at the jail.

The investigation was conducted by the FBI and the Kentucky State Police. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government. 

COVINGTON, KY. — James Allen Eapmon, 31, of Florence, Ky., was sentenced to life in prison today, by United States District Judge David Bunning, for conspiracy to distribute methamphetamine. 

Eapmon led a conspiracy responsible for distributing between 1.5 and 4.4 kilograms of methamphetamine, between January 1, 2016 and October 4, 2016.  The Defendant led the group, regularly distributed crystal methamphetamine, and supplied it to other members of the conspiracy for distribution.  Three other individuals, Chance Haley, Matthew Clem, and Charles “Bub” Eapmon, have also been convicted in connection with this investigation.  Eapmon has five prior felony convictions, including previous convictions for burglary and drug trafficking.    

Under federal law, Eapmon will not be eligible for parole. 

“The Defendant’s criminal conduct, both past and current, has resulted in a very significant penalty,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The Defendant’s sentence should serve as a warning to career criminals who sell drugs in our communities – your criminal actions may result in you permanently forfeiting your liberty.”

United States Attorney Duncan and Christopher Evans, Special Agent in Charge, Drug Enforcement Administration, jointly announced the sentence.

The Drug Enforcement Administration and the Northern Kentucky Drug Strike Force conducted the investigation.  Assistant United States Attorney Tony Bracke represented the United States.

LEXINGTON, Ky. – A Los Angeles man was sentenced today, by U.S. District Judge Danny C. Reeves, for his involvement in a large drug trafficking organization.  Nestor Barron, age 26, was sentenced to 10 years in prison and 5 years of supervised release for conspiracy to distribute five kilograms or more of cocaine.

Barron previously admitted that, in July 2017, he conspired with Fernando Lara Salas and Jorge Macias Pedroza to distribute between five and fifteen kilograms of cocaine, in Fayette County.  Barron was found at the residence of Fernando Lara Salas on July 19, 2017, when members of the Lexington Police Department’s Narcotics Enforcement Unit executed a search warrant at the residence.  Barron was found in a bedroom with a duffel bag that contained six kilograms of cocaine and $105,375 in U.S. currency.  Barron admitted that he had obtained the six kilograms of cocaine and intended to distribute it.  Barron agreed to forfeit his interest in the currency seized.

After a two-day jury trial in January 2018, Barron’s co-defendants, Fernando Lara Salas and Jorge Macias Pedroza, were convicted of multiple drug trafficking offenses, including conspiracy to distribute five kilograms or more of cocaine and distribution of cocaine, fentanyl, methamphetamine and tramadol, as well as firearms and immigration offenses. They are both scheduled to be sentenced by Judge Reeves on May 4, 2018.

 “I commend the cooperation among the law enforcement agencies involved in this investigation,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “These strong partnerships help remove dangerous drugs from our streets and keep our communities safe.”  United States Attorney Duncan, Chris Evans, Special Agent in Charge, DEA Louisville; and Ron Compton, Acting Chief of Police, Lexington-Fayette County Division of Police, jointly announced the sentence.

Under federal law, Barron must serve 85 percent of his prison sentence.

LEXINGTON, KY. – Sergio Acosta, 28, and Jose Luis Luviano Lopez, 36, both of Montgomery, Alabama, were sentenced today by United States District Court Judge Danny C. Reeves for conspiring to distribute methamphetamine.  Acosta was sentenced to 97 months imprisonment.  Luis Luviano was sentenced to 87 months imprisonment.    

Acosta and Luviano Lopez previously admitted to transporting nearly 1,000 grams of methamphetamine for distribution.  The methamphetamine was found in the back seat of a pickup truck driven by Luviano Lopez, in which Acosta was a passenger, during a traffic stop conducted by the Kentucky State Police in Madison County on September 6, 2017.  During the traffic stop, Acosta admitted there was a “kilo” in the truck.  Acosta and Luviano Lopez pleaded guilty to the charges in November of 2017. 

Under federal law, Acosta and Luviano Lopez must each serve 85 percent of his prison sentence, and, upon release, will be under the supervision of the United States Probation Office.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Chris Evans, Special Agent in Charge, DEA Louisville, and Richard Sanders, Commissioner, Kentucky State Police, jointly made the announcement today after the sentencing.

The investigation was conducted by the DEA and Kentucky State Police.  The United States was represented by Assistant United States Attorney Lauren Tanner Bradley.

LEXINGTON, Ky.  – Today in Washington, Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history.   The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly.  The cases include criminal, civil, and forfeiture actions across more than 50 federal districts.  Of the defendants, 200 were charged criminally.  In each case, offenders engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused losses of more than half a billion dollars.  The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.

Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.

“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions.  “Today’s actions send a clear message:  we will hold perpetrators of elder fraud schemes accountable wherever they are.  When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains.  Today is only the beginning.  I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”

The Eastern District of Kentucky is no stranger to the types of scams that prey on our elderly population.  United States Attorney Robert M. Duncan, Jr., held a Facebook Live event earlier today, to discuss how elder abuse has affected Kentuckians.  He spoke about the most prevalent schemes involving elder financial exploitation, such as:

• “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
• “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
• “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
• “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
• “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.

 

Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust.  The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.

The United States Attorney’s Office for the Eastern District of Kentucky has prosecuted criminals for taking advantage of seniors, including by convicting the owner of a personal care home for unlawfully misappropriating his clients’ social security money, suing a nursing home for providing little or no care to its patients, and obtaining a liability judgment against an optometrist for providing unnecessary health care to patients at several nursing homes for the purpose of billing the federal government for payment for these services.  .  “Our Office is a committed partner in this effort and we have used both civil and criminal enforcement tools to combat this ever-growing problem,” said United States Attorney Duncan.  “Enforcement actions are vital; but prevention efforts are also critical to protecting this vulnerable community.  Family members and friends of elderly individuals must be vigilant in protecting those close to them and should not hesitate to contact enforcement authorities if they suspect their loved ones are being victimized.  Additionally, regardless of circumstance, everyone should be wary of responding to unsolicited communications from strangers offering promises of money, companionship, and assistance. If the offer seems too good to be true, it often times is.” 

In efforts to help combat this problem, the United States Attorneys for the Eastern District of Kentucky and Western District of Kentucky, along with the Kentucky Attorney General’s Office, federal and state law enforcement agencies, and state agencies with jurisdiction over senior care-related issues have joined together to form the Kentucky Elder Justice Task Force.  This group of highly motivated enforcement partners meets frequently to share information, discuss pressing issues, and cultivate plans to protect the senior citizens of Kentucky.  “Going forward, this collaboration will be an essential enforcement tool and a strong line of defense for elderly individuals in our Commonwealth,” explained United States Attorney Duncan.  

If you or anyone you know has been victimized due to age, these elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov. 

 

LEXINGTON, Ky. – A Barbourville, Ky. couple, who previously admitted to defrauding the U.S. Department of Veterans Affairs (“VA”) and Social Security Administration (“SSA”), were sentenced on Friday, February 16, 2018.  James R. Baker was sentenced to 24 months in prison, while his wife, Debbie K. Baker, was sentenced to 8 months in prison to be followed by 8 months’ home incarceration.

U.S. District Judge Danny C. Reeves sentenced 46-year-old James R. Baker for conspiracy to defraud the VA and conspiracy to defraud the SSA, and Debbie K. Baker, 47, for conspiracy to defraud the SSA.

Between October 13, 2006, and July 3, 2017, James Baker exaggerated various mental and physical conditions by unnecessarily using a cane, walker, or wheelchair to assist in walking, or by falsely reporting to doctors that he could not perform daily activities of living due to his physical and mental ailments, all in order to increase his compensation benefits from the VA.  James Baker’s exaggerations and falsehoods resulted in an overpayment of VA compensation benefits in the amount of $381,240.45.  As a result of his malingering, the VA also paid James Baker an additional $231,508.17 in grants for various purposes, such as special adaptive housing and home maker and home health benefits.  Additionally, he received $233,370 in SSA disability benefits, stemming from his VA disability determination.  For her part, Debbie Baker participated in creating the illusion that her husband was totally disabled, including by falsely claiming on a SSA form that Baker was unable to perform most activities independently.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Kim Lampkins, Special Agent in Charge for the VA Office of Inspector General; and Margaret Jackson, Special Agent in Charge for the SSA Office of Inspector General, jointly announced the sentences.  

The investigation was conducted by the VA Office of Inspector General and SSA Office of Inspector General.

LEXINGTON, Ky.  — Jesus Yakamara Lopez-Villa, a Mexican national illegally residing in Lexington, was sentenced to 33 months in prison, after pleading guilty to being a prohibited person in possession of a firearm and to possession of fraudulent social security cards.

Law enforcement officers encountered Lopez-Villa in June 2017, during the execution of a state search warrant in Lexington.  Officers found Lopez-Villa in possession of three grams of cocaine, two fraudulent Social Security Cards, and a pistol.  Lopez-Villa, a citizen of Mexico without permission to enter the United States, has previously been deported on two separate occasions.     

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Byers, Assistant Field Office Director, U.S. Immigration and Customs Enforcement (ICE); and Ron Compton, Acting Chief of Police, Lexington Police Department, jointly announced the sentence today.

ICE and the Lexington Police Department conducted the investigation.  Assistant United States Attorney Lauren Tanner Bradley represented the United States.

This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.   Attorney General Sessions has made turning the tide of rising violent crime in America a top priority.   As part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district, crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.   

FRANKFORT, Ky.— Myron B. Moore, age 31, of Frankfort, Ky., was sentenced today to 18 years, 10 months (226 months) in prison, by United States District Court Judge Gregory F. Van Tatenhove, for possession with intent to distribute over 28 grams of crack cocaine.

Moore previously admitted that on April 20, 2017, Frankfort Police officers performed a traffic stop of his vehicle and found him in possession of 15 grams of crack cocaine.  Later the same day, law enforcement officers obtained a search warrant for Moore’s residence and discovered an additional 90 grams of crack cocaine and $51,780 in cash.  Moore admitted that he possessed the crack cocaine with intent to distribute it, and that the money discovered at his residence was proceeds from drug sales.  Moore also admitted that he had previously been convicted in the Franklin Circuit Court of drug trafficking.  Moore pleaded guilty to the charges in October of 2017.

Under federal law, Moore must serve 85 percent of his prison sentence: and upon release, he will be under the supervision of the United States Probation Office for 8 years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Chris Evans, Special Agent in Charge, Drug Enforcement Administration; and Travis Ellis, Chief of the Frankfort Police Department, jointly announced the sentence today.

The investigation was conducted by the DEA and the Frankfort Police Department. 

PIKEVILLE, Ky. – Brent M. Lee, 41, of Pike County, Ky., was convicted by a federal jury yesterday, of conspiracy to commit bank fraud, two counts of aiding and abetting bank fraud, two counts of misapplication of bank moneys by a bank employee, and four counts of making unauthorized obligations by a bank employee.

The jury returned its verdict after a 3-day trial.  The evidence established that Lee, while a Market President for BB&T, conspired with Paul D. Fannin, 49, a residential developer from Van Lear, and Chelsea Stone, 25, Fannin’s daughter residing in Georgetown, to commit bank fraud.  Fannin, who was one of Lee’s major clients, had an outstanding loan with BB&T for $950,000, for developing an 8-unit townhome project called Stone Crest Properties.  When BB&T officials became concerned with the pace of progress on the project, compared with the amount of loan funds dispersed, BB&T downgraded the loan and required that Lee and Fannin follow certain protocols and procedures designed to keep a closer watch on the project before releasing more money to Fannin.  Rather than follow BB&T’s protocols, Brent Lee suggested to Fannin that they use Chelsea Stone to get a new loan from BB&T, the proceeds of which would go directly to Fannin.           

Additionally, in October 2014, Lee had Stone sign numerous documents to obtain a commercial loan from BB&T, in the amount of $100,000.  Lee misrepresented to BB&T that the loan was intended to expand Stone’s embroidery business; however, Stone owned no such business. The BB&T check issued for the loan was deposited into Paul Fannin’s bank account.  In November 2014, Lee had more documents prepared, which he also had Chelsea Stone sign, to get a new loan to pay off Stone’s outstanding $100,000 obligation.  Then, in January 2015, Lee had documents prepared, which he again had Chelsea Stone sign, to get a new loan that would pay off the November 2014 loan and pay out an additional $149,212.50.  Almost all of this money actually went to Fannin.  Lee then had this loan again extended, in July 2015, just two months before he resigned from BB&T.  Of the $250,000 gained through this scheme, Fannin spent at least $120,000 at casinos in the area. BB&T lost more than $248,000 as a result of Lee’s fraudulent conduct.

Prior to trial, Fannin had pleaded guilty to conspiracy to commit bank fraud.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Joseph Moriarty, Federal Deposit Insurance Corporation, Office of Inspector General; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the verdict.  The United States was represented at trial by Assistant United States Attorneys Kathryn Anderson and Paul McCaffrey.

Lee is currently scheduled to appear for sentencing before Chief Judge Karen K. Caldwell, in Pikeville, on May 31, 2018 at 12:30.  Lee faces a maximum penalty of 30 years in prison.  However, his sentence will be imposed by the court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of sentences.

COVINGTON, Ky. – A Maysville, KY woman, who previously pleaded guilty to communicating threats in interstate commerce, was sentenced today to ninety (90) months in prison.            

U.S. District Judge David L. Bunning sentenced 57-year-old Marie Antoinette Castelli for communicating threats in interstate commerce.  

Castelli, a United States Citizen, was an active member of an invitation-only Facebook group in which many members discussed their support for ISIS.  Within this group, the Defendant participated in online discussions and disseminated information and propaganda supporting violence against the West and the establishment of a worldwide Caliphate. 

On October 19, 2015, the Defendant posted a message to the Facebook group stating, “A great sister on twitter published addresses of the kafir men who killed sheikh awlaki and his son with the drone[.] [P]raying the mujahadine will send someone for justice[.]”  The message included a link to a publically-viewable webpage calling for the killing of certain United States Service Members and their families.  The document referred to the service members and their families as “targets,” and outlined their purported “atrocities” against Osama Bin Laden and Anwar Al-Awlaki.  The document was posted “to ask my brothers and Al-Qaeda in the U.S. to eventually hunt him down and execute him.”  

In addition, the Defendant posted a series of additional messages to the Facebook group.  In the first message, the Defendant posted the full name, date of birth and address of the military members, and stated, “they make targets on our heads so here are their heads for targets…”  The Defendant transmitted these messages for the purpose of issuing a threat, and with knowledge that the communications would be viewed as a threat. 

FBI Special Agents Kristine Holden and W. Aaron Graves investigated the case.  Assistant United States Attorney Robert K. McBride, with assistance from the Counterterrorism Section, National Security Division, represented the United States.

Under federal law, Castelli must serve 85% of her prison sentence.  She will be under the supervision of the U.S. Probation Office for up to 3 years after her release from prison.

Edward O’Callaghan, Acting Assistant Attorney General, Robert M. Duncan, United States Attorney, and Amy S. Hess, FBI Special Agent in Charge, jointly announced the sentence.

 

ASHLAND, Ky. –  Today, the three United States Attorneys for the Tri-State area:  Robert M. Duncan, Jr., of the Eastern District of Kentucky; Michael B. Stuart, of the Southern District of West Virginia; and Benjamin C. Glassman, of the Southern District of Ohio, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), state and local law enforcement and prosecutors, and other law enforcement partners announced the formation of a law enforcement working group, to enhance joint efforts to combat violent crime and drug trafficking in the Kentucky, West Virginia, and Ohio Tri-State area. 

The working group met for the first time on February 9, 2018, in Ashland.   

The collaboration is part of the U.S. Department of Justice’s enhanced Project Safe Neighborhoods (PSN) Program, a crime reduction program incorporating long-standing law enforcement partnerships to help produce a long-term, meaningful reduction in violent crime.  PSN is a comprehensive approach to public safety, one that includes prevention, enforcement, and reentry efforts.     

The working group will focus its efforts on individuals responsible for violent crimes and significant drug trafficking activities in the area.  As part of the collaborative partnership, members of ATF, FBI, DEA, and state and local law enforcement personnel will meet regularly to share intelligence, and to review cases about the most dangerous offenders in the area, including those cases in which the offender’s conduct involves possession or use of a firearm.  The cases will be evaluated to ensure that the most appropriate penalties will be applied to the offenders, whether in federal or state court.  The ultimate goal of the collaboration is to reduce violent crime and access to illegal drugs, and make the Tri-State safer. 

“As Attorney General Sessions has confirmed, combatting violent crime, reducing access to drugs, and partnering with state and local law enforcement efforts are top priorities for the Department of Justice,” said U.S. Attorney Duncan. “By working together to investigate and prosecute the most dangerous individuals in the Tristate, we are sending a clear message that we will protect our communities against those who do them harm.  If you are using firearms to commit acts of violence or illegally selling drugs – especially those that cause an overdose death – you are on notice:  your conduct will not be tolerated; and if it continues, you risk arrest, prosecution, and the forfeiture of your freedom.”   

“The good people of the Tri-State and good cities like Huntington, Ashland, Ironton and Portsmouth, have paid too high a price because of violent crime and the drug scourge.  Effective partnerships, sharing resources and intelligence, and aggressive enforcement are the best offense to defeat those that bring chaos and despair to our communities,” said U.S. Attorney Stuart. “Now is the time to take our streets back from violent offenders and drug dealers that cause havoc.  We are committed to working together as true partners in this fight to reduce violent crime, protect our citizens, and put dangerous criminals behind bars for as long as possible.”

“State lines don’t stop criminals from committing violence in our communities, so they shouldn’t stop our law enforcement efforts, either,” U.S. Attorney Glassman said.  “Today’s announcement highlights our dedication to working together across governmental levels and geographic boundaries to get the job done.”

Today’s announcement follows U.S. Attorney General Sessions’s directives to federal law enforcement and prosecutors, to reinvigorate the Project Safe Neighborhoods Program in an effort to reduce rising violent crime in America, and to combat access to illegal drugs, particularly opiates and opioids. 

LEXINGTON, Ky.— A federal jury in Lexington has found Hector Salas, Jr., of Phoenix, guilty of conspiracy to distribute five kilograms or more of cocaine, more than 400 grams of fentanyl and one kilogram of heroin. The jury convicted Salas on Friday, February 9, 2018, following a 3-day trial in U.S. District Court. The jury also found Salas guilty of possession with the intent to distribute more than five kilograms of cocaine.

According to the trial testimony, Salas engaged in an agreement to distribute the controlled substances. The evidence also established that, in May 2017, Salas was stopped by Lexington Police, on Versailles Road, in a vehicle with a Tennessee license plate. The investigation ultimately revealed that the vehicle had come from Phoenix and the trailer towed behind it contained 5.9 kilograms of cocaine, with a street value of over $410,000. Further investigation also resulted in the seizure of over 700 grams of fentanyl and over a kilogram of heroin from a residence in Lexington. The total street value of all the drugs exceeded $1,000,000. Law enforcement agencies also seized over $580,000 in proceeds from the distribution of the drugs.

The sentencing hearing is currently scheduled for May 11, 2018, at the federal courthouse in Lexington. Salas faces a minimum mandatory sentence of not less than 10 years nor more than life imprisonment.

United States Attorney Duncan; Amy Hess, Special Agent in Charge, FBI, Louisville; Richard W. Sanders, Commissioner, Kentucky State Police; and Ron Compton, Acting Chief of Police, Lexington Police Department, jointly announced the jury’s verdict.

The investigation was conducted by the FBI, the Kentucky State Police, and the Lexington Police Department. The United States was represented by Assistant United States Attorney Roger W. West.

 

The indictment alleges the illegal drug trafficking resulted in a death

 

LONDON, Ky. – In a federal indictment unsealed yesterday, two owners of a Hixson, Tenn., pain clinic and two physicians working at the clinic have been charged with conspiring to illegally distribute prescription narcotics – including oxycodone and oxymorphone – in Eastern Kentucky.  The indictment further alleges that their drug trafficking conspiracy resulted in a death.  The clinic, the Tennessee Pain Institute (TPI), closed shortly after a search warrant was executed in May 2016.   

The owners of TPI, Anwar Mithavayani, 54, and Pete Tyndale, 46, both of South Florida, are charged in the superseding indictment, along with two physicians working at the clinic:  Timothy Gowder, 70, of Oak Ridge, Tenn. and Gary Moore, 66, of Ooltewah, Tenn.  Gowder and Moore were initially charged in the case in May 2017.  The indictment also charges the four with multiple counts of money laundering.  The superseding indictment, returned by a federal grand jury on January 25, 2018 alleges that the defendants received more than $8 million as a result of their drug trafficking.  Two others, James Bradley Combs, 40, of Woodbine, Ky., and Larry Karr, 73, of Keavy, Ky., have also been charged for their alleged roles in the offenses.

Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky; Chris Evans, Special Agent in Charge, Drug Enforcement Administration; Christopher Altemus, Acting Special Agent in Charge of IRS, Criminal Investigation Division; Andy Beshear, Kentucky Attorney General; and Richard W. Sanders, Commissioner of Kentucky State Police, jointly announced the charges.

The DEA, the IRS Criminal Investigation Division, the Kentucky Attorney General’s Office, and the Kentucky State Police conducted the investigation, with support from Appalachia HIDTA’s Diversion Task Force. Assistant U.S. Attorney Greg Rosenberg represents the United States in the case.

The trial is currently set for April 30.  If convicted, Mithavayani, Tyndale, Gowder, and Moore face a minimum of 20 years in prison and a maximum of life imprisonment.  However, any sentence following a conviction would come after the Court considers the U.S. Sentencing Guidelines and relevant federal statutes.

 

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

 

LEXINGTON, Ky. - A couple from Fresno, Cal. has been sentenced to federal prison for drug and firearm offenses.  Chief U.S. District Judge Karen K. Caldwell formally sentenced the couple on Wednesday, February 7, 2018.   

Jessica Acosta, 29, and Luis R. Morales-Montanez, 27, were each sentenced to 15 years in prison, for possession with the intent to distribute 500 grams or more of methamphetamine, cocaine, and marijuana.  Both were also convicted of possessing nine firearms, during and in furtherance of the drug crimes.  Both forfeited ownership of the firearms, $42,507 in cash, and a 2013 Chevy pickup truck.

In their guilty pleas, Acosta and Morales-Montanez previously admitted that they traveled from Fresno, to Lexington and established a residence on Larkin Road in early 2017.  They then possessed with intent to distribute marijuana and cocaine from the residence.  They also admitted that the cash found was proceeds of the distribution of drugs and that the 2013 truck and nine firearms were used in furtherance of the distribution of drugs.  Additionally, on October 25, 2017, a federal jury convicted both of possessing with the intent to distribute more than half a kilogram of crystal methamphetamine, which they had concealed in another apartment near their Larkin Road address. 

Under federal law, both Acosta and Morales-Montanez must serve 85 percent of their prison sentences; and upon release, they will each be under the supervision of the United States Probation Office for five years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Christopher Evans, Special Agent in Charge, DEA; and Acting Chief of Police Ron Compton, Lexington Police Department, jointly announced the sentences.

These cases were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. 

 

LEXINGTON, Ky., - Two Detroit men have been sentenced to federal prison for drug and firearm offenses.  U.S. District Judge Danny C. Reeves formally sentenced each, on Friday, February 2, 2018.   

Marcella Lorenzo Dunbar, 37, was sentenced to 105 months in prison for conspiracy to distribute oxycodone and being a felon in possession of a firearm. 

Gerald Jones, 31, was sentenced to 51 months in prison for conspiracy to distribute oxycodone.

Dunbar and Jones previously admitted that they had traveled from Detroit to Winchester in late 2016, and began selling oxycodone to local users.  Dunbar also admitted renting a house in Winchester so that he and Jones could sell oxycodone.  When arrested, Dunbar and Gerald Jones were found in possession of 1,550 oxycodone pills for sale, a firearm, and $4,750 in drug proceeds.  Dunbar also admitted that he had previously been convicted of a felony and was prohibited from possessing a firearm.  Dunbar and Jones pleaded guilty to the charges in October 2017.

Under federal law, Dunbar and Jones must serve 85 percent of their prison sentences; and, upon release, they will be under the supervision of the United States Probation Office for 5 years and 3 years, respectfully.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Michael Klinger, Field Office Director, Department of Homeland Security, Detroit; Richard Sanders, Commissioner of the Kentucky State Police; and Clark County Sheriff Berl Perdue, Jr., jointly announced the sentences.

These cases were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. 

The Department of Homeland Security, Kentucky State Police, and the Clark County Sheriff’s Office conducted the investigation.  Assistant United States Attorney Roger W. West represented the United States.

LEXINGTON, Ky. – A former deputy jailer at an Eastern Kentucky jail has entered a guilty plea to a federal criminal civil rights charge related to his role in an unprovoked assault of a pretrial detainee.

Jarrod Allen Lucas, 28, entered his guilty plea today, before U.S. District Chief Judge Karen K. Caldwell.

In his plea, Lucas admitted that, on October 10, 2011, he assaulted an inmate immediately after his Supervisor - Damon Hickman - punched the inmate on the side of his head.  Hickman struck the inmate with such force that he broke his hand and caused the inmate’s ear to bleed. Lucas and another supervisor, Matthew Amburgey, then knocked the inmate to the ground and repeatedly kicked him.  Lucas admitted that he kicked the inmate without justification.

The Kentucky River Regional Jail houses pretrial detainees from Perry and Knott Counties. As a deputy jailer, Lucas was responsible for the custody, care, safety and control of the inmates at the jail.

Hickman pleaded guilty last year for his role in a separate assault at the same jail. The victim of that assault died.

Amburgey pleaded guilty last week for his role in the October 10, 2011, assault involving Lucas and Hickman.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement.

The FBI conducted the investigation. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.

Sentencing for Lucas is scheduled for May 1, 2018, at 2:00 p.m. in Lexington. He faces up to 12 months imprisonment. The U.S. District Court will consider the U.S. Sentencing Guidelines and the federal statutes before imposing sentence.

LEXINGTON, Ky. – Two Mexican nationals, illegally residing in Lexington, were convicted by a federal jury yesterday, following a two-day trial in U.S. District Court.  Fernando Rafael Lara Salas, who had previously used the alias of Jesus Ruiz Vega, age 40, and Jorge Macias Pedroza, age 30, were each convicted of conspiracy to distribute more than five kilograms of cocaine, possession with intent to distribute multiple controlled substances, including fentanyl, methamphetamine, and tramadol, as well as being an alien in possession of a firearm.  In addition, Lara Salas was also convicted of possession with intent to distribute more than five kilograms of cocaine, possession of a firearm in furtherance of a drug-trafficking crime, possession of a firearm as a convicted felon, and unlawfully entering the United States after previously being deported for a felony drug possession offense.

The joint investigation by federal and state law enforcement into the drug trafficking activities of both defendants began in August 2016 and culminated with the execution of search warrants, at the homes of both defendants and a cargo trailer used by both men.  The searches resulted in the seizure of 6 kilograms of cocaine, 4 kilograms of tramadol, residual amounts of fentanyl, more than 50 grams of methamphetamine, and two 9 mm firearms.  Lara Salas also had approximately $110,000 in U.S. currency seized from his residence.  Lara Salas was illegally present in the United States at the time of his arrest, due to his prior deportation resulting from a previous conviction on a federal drug possession charge.  Macias Pedroza was also illegally present in the United States at the time of his arrest.  The investigation was a cooperative effort led by investigators with the Drug Enforcement Administration (DEA); the Department of Homeland Security, Immigration and Customs Enforcement (ICE); and the Lexington Police Department.

“The defendants in this case were dealing in massive quantities of dangerous drugs,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “The number of overdose deaths in our community continues to rise, and the quantities of illegal drugs involved in this criminal conspiracy were placing many lives in danger.  Without the outstanding work of our law enforcements partners, this prosecution would not have been possible.  Their efforts removed these drugs from our streets, made our community safer, and saved lives.  Prosecuting those who deal in this scourge to our community will continue to be a core priority of our Office.” 

United States Attorney Duncan; Darrell Christopher Evans, Special Agent in Charge, DEA Louisville; Shawn Byers, Assistant Field Office Director, ICE; and Ron Compton, Acting Chief of Police, Lexington-Fayette County Division of Police, jointly announced the jury’s verdict.

The sentencing hearings for both defendants are currently scheduled for May 4, 2018, at the federal courthouse in Lexington.  Lara Salas faces 25 years to life in prison and Pedroza faces 10 years to life.  The U.S. District Court will consider the U.S. Sentencing Guidelines and the federal statutes before imposing sentence.

LONDON, Ky. — William Timothy Sutton, 55, of Corbin, Ky., has been convicted of four counts of interstate murder-for-hire and one count of possession of firearms by a convicted felon.  The verdict came yesterday, following six days of trial, which included testimony from all four intended victims of the scheme.  The jury deliberated for less than two hours in reaching its verdict.

The evidence at trial established that, in March of 2017, while incarcerated in the Whitley County Detention Center, Sutton offered to pay a fellow inmate forty thousand dollars ($40,000) to murder the Whitley County Attorney, the Whitley/McCreary County Commonwealth’s Attorney, and two ex-girlfriends. The evidence further established that Sutton mailed a letter to a relative from jail, asking the relative to provide the would-be hitman with one of Sutton’s own firearms to further the scheme.  Law enforcement became aware of the plan, interceded, and ultimately arrested Sutton.

  “The despicable conduct in this case not only victimized four individuals, but was a brazen attack upon the judicial process and the rule of law,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “Protecting the public from violence and ensuring the integrity of our system of justice are core principles of the Department of Justice and central priorities of our Office.  In our efforts to make our community safer, we will continue to confront and prosecute criminal conduct that undermines these principles.  I want to commend the work of our valued law enforcement partners, whose efforts made this prosecution possible.”

Sutton is scheduled to be sentenced on May 30, 2018. He faces up to ten years on each offense.  However, any sentence would be imposed only after the Court has considered the U.S. Sentencing Guidelines and the applicable statutes.    

US Attorney Duncan; Stuart Lowrey, Special Agent In-Charge, ATF; and Commissioner Rick Sanders of the Kentucky State Police, jointly announced the jury’s verdict.

The ATF and the Kentucky State Police conducted the investigation preceding the indictment.  Assistant United States Attorney W. Samuel Dotson represented the United States.

U.S. Attorney Duane A. Evans announced that TOSH TOUSSAINT, age 27, has pleaded guilty to one count of possession with the intent to distribute cocaine base, in violation of Title 18, United States Code, Section 841(b)(1)(C), and one count of possession and use of a firearm in furtherance of drug trafficking, in violation of Title 18, United States Code, Section 924(c). 

 

TOUSSAINT faces a sentence of up to 20 years in the Bureau of Prisons, at least three years of supervised release, and a fine of up to $1,000,000 as to the drug trafficking crime in Count One, and a sentence of at least five (5) years up to life in the Bureau of Prisons, consecutive to any other sentence, five years of supervised release, and a fine of up to $250,000 for the firearm crime in Count Two.

 

Sentencing for TOUSSAINT has been set for May 17, 2018 at 10:00 a.m. before Judge Nannette Jolivette Brown.

 

On November 13, 2013, members of the Jefferson Parish Sheriff’s Office and the New Orleans the FBI’s Gang Task Force arrested TOUSSAINT when they found him in possession of approximately 10 grams of cocaine base (crack cocaine) and Taurus 9mm semi-automatic handgun.

 

The U.S. Attorney wishes to thank the hard work of the FBI’s New Orleans Gang Task Force and the Jefferson Parish Sheriff’s Office in investigating this matter.  Assistant United States Attorney Myles Ranier is in charge of the prosecution.

LEXINGTON, Ky. - Bennie Davis, 21, of Lexington, was sentenced today to 60 months in federal prison, by United States Senior District Court Judge Joseph M. Hood, for arson of a commercial building.  Davis was also ordered to pay restitution, in the amount of $250,000.

 

Davis previously admitted that, on April 25, 2017, he forcibly entered the Lexington Qdoba Mexican Eats Restaurant on Nicholasville Road, after the store had closed.  Davis admitted that he had been an employee of the store, but had been fired just before the arson.  Davis started the primary fire in the back room and stole a cash drawer from the safe.  Davis pleaded guilty to the charges in October of 2017. 

 

Under federal law, Davis 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.

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Stuart Lowrey, Special Agent in Charge of the ATF, jointly announced the sentence.

 

The ATF and the Lexington Fire Department conducted the investigation.  Assistant United States Attorney Roger W. West represented the United States.

LEXINGTON, KY. – Robert Lee Shields, 30, of Cincinnati, was sentenced today by U.S. District Court Judge Danny C. Reeves to serve two terms of life imprisonment for distribution of carfentanil that resulted in death and serious bodily injury.

Shields was convicted after a jury trial in Lexington in July 2017. The jury found Shields guilty of all counts, including conspiracy to distribute carfentanil, fentanyl and heroin, distribution of carfentanil resulting in death and distribution of carfentanil resulting in serious bodily injury.

Shields co-defendant, Wesley Scott Hamm, was found guilty of the same charges. Hamm was recently sentenced by Judge Reeves to serve terms of imprisonment of 420 months as to each of the counts of distribution resulting in death or serious bodily injury, and 240 months for the conspiracy charge. All counts were ordered to run concurrently.

The charges against both Shields and Hamm resulted from multiple near-fatal overdoses and one fatal overdose in Montgomery County in August 2016. The investigation revealed that the lethal substance was carfentanil, a drug commonly used as a general anesthetic for large animals, such as elephants. It is 100 times more potent than fentanyl, and 10,000 times more potent than morphine.

 

 “Reducing access to opioids is a top priority for the Department of Justice,” said United States Attorney Robert M. Duncan, Jr.  “We are committed to this fight by aggressively prosecuting drug traffickers that spread their poison in our communities.  The sentences imposed should send a strong message that illegally distributing lethal drugs will not be tolerated in the Eastern District of Kentucky.  If you distribute drugs and cause a death, you could spend the rest of your life in prison. I want to commend the federal and local agencies that worked in partnership to investigate this case.  Without their quick action, more lives could have been lost.” 

Under federal law, Hamm must serve 85 percent of his prison sentence. There is no parole in the federal system which will mean that Shields will serve life for his sentences.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Christopher D. Evans, Special Agent in Charge, DEA Louisville, Fred Shortridge, Montgomery Co Sheriff and Chief David Charles, Mt. Sterling Police Department. jointly made the announcement today after the sentencing hearing.

Investigators with the Drug Enforcement Administration, the Montgomery County Sheriff’s Department, and the Mt. Sterling Police Department conducted the investigation that led to the arrest, prosecution and conviction of both Shields and Hamm. Assistant United States Attorney Todd Bradbury represented the United States.

LEXINGTON, Ky.  — Cole Lee Rankin, 24, of Paris, pleaded guilty today to Conspiracy to Distribute Cocaine Base.

In his guilty plea, Rankin admitted that he had, on several occasions, distributed cocaine base, in Harrison County and Bourbon County, Kentucky, between March 2015 and September 2016.   

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge, ATF; Richard Sanders, Commissioner Kentucky State Police; Burl Purdue, Clark County Sheriff; and Shain Stephens Harrison County Sheriff, jointly announced the guilty plea.

The ATF, Kentucky State Police, Clark County Sheriff’s Department, and Harrison County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Lauren Tanner Bradley represented the United States in the case.  The case is part of the Project Safe Neighborhoods (PSN) Program, a Department of Justice initiative to reduce violent crime through partnerships between federal, state, and local law enforcement.  The goal of the PSN Program is to use these partnerships to make communities safer.   

Rankin will appear for sentencing before Chief United States District Judge Karen K. Caldwell in Lexington, on April 20, 2018, at 1:30 p.m. 

Rankin faces a mandatory minimum sentence of five years and a maximum prison sentence of 40 years.  The Court, however, will impose any sentence after consideration of the U.S. Sentencing Guidelines and the applicable federal statutes.  

LEXINGTON, Ky. – A former supervisory deputy jailer at an Eastern Kentucky detention center has entered a guilty plea to a federal charge related to his role in an unprovoked violent assault of a detainee.

 

Matthew B. Amburgey, 29, entered his guilty plea today, before U.S. District Chief Judge Karen K. Caldwell.  

 

In his plea, Amburgey admitted that, on October 10, 2011, he used excessive force against a pretrial detainee at the Kentucky River Regional Jail, after he witnessed another Supervisory Deputy Jailer, Damon Hickman, assault the inmate without justification during the booking process.  Hickman punched the inmate on the side of his head with such force that it broke his hand and caused the inmate’s ear to bleed.  Amburgey and other deputies then knocked the inmate to the ground and repeatedly kicked him.  Amburgey admitted that he kicked the inmate without justification.

 

The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties.  As a supervisory deputy jailer, Amburgey was responsible for the custody, care, safety and control of the inmates at the jail.

 

Hickman pleaded guilty last year for his role in a separate assault at the same jail.  The victim of that assault died. 

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement. 

 

The investigation was conducted by the FBI.  Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government. 

 

Sentencing for Amburgey is scheduled for April 12, 2018 at 1:00 pm.  He faces up to 12 months imprisonment.  The U.S. District Court will consider the U.S. Sentencing Guidelines and the federal statutes before imposing sentence.

LEXINGTON, Ky. – A Lexington man, Matthew Ryan Murdoch, 35, has been sentenced to 175 months in federal prison, to be followed by a lifetime term of supervised release, for knowingly receiving child pornography.

 

On Monday, Senior United States District Judge Joseph M. Hood formally sentenced Murdoch, who must serve 85 percent of his federal prison sentence.

 

Murdoch previously admitted that, in October of 2016, he knowingly received images of child pornography, by using the uTorrent program on is Android device.  A forensic examination of Murdoch’s device revealed approximately 4,367 still images and 24 videos of child pornography.

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Steven L. Igyarto, Special Agent in Charge, Department of Homeland Security - Homeland Security Investigations; and Kentucky Attorney General Andy Beshear jointly announced the sentence.

 

The investigation was conducted by the Cyber Crimes Branch of the Department of Criminal Investigations within the Kentucky Office of the Attorney General and the Department of Homeland Security – Homeland Security Investigations.  The United States was represented by Assistant United States Attorney David Marye.

LEXINGTON, Ky. – Three Lexington men, Arian L. Brown, Marion L. Brown, III, and Steven D. Harvey, were sentenced for their involvement in separate heroin and fentanyl distribution crimes.  A fourth Lexington man, Christopher D. Washington, was sentenced for being a convicted felon in possession of a firearm. Each was formally sentenced by U.S. District Judge Danny C. Reeves, on Friday, January 12, 2018.   

 

Arian L. Brown, 34, was sentenced to 30 years in prison for possession with intent to distribute 40 grams or more of fentanyl and heroin.

Arian Brown previously admitted that, in August 2016, he possessed 57 grams of fentanyl and 67 grams of heroin that he intended to distribute.  Arian Brown had also previously been convicted, in 2010, of attempting to possess with the intent to distribute 500 grams or more of cocaine. Arian Brown pleaded guilty to the heroin and fentanyl charges in September of 2017.

Marion L. Brown, III, 29, was sentenced to 40 years in prison and 4 years of supervised release for distributing fentanyl resulting in serious bodily injury and being a convicted felon in possession of firearms.

In April 2017, Marion Brown acknowledged selling a quantity of fentanyl that resulted in a non-fatal overdose.  Law enforcement officers executed a search warrant at Brown’s residence and discovered drug trafficking paraphernalia, two pistols, and a rifle.  Marion Brown admitted that he had previously been convicted of trafficking in heroin.  Marion Brown pleaded guilty in July 2017.  

Steven D. Harvey, 33, was sentenced to over 18 years (220 months) in prison and 8 years of supervised release for possession with intent to distribute 100 grams or more of heroin.  According to court records, in June 2017, Harvey was found in possession of 798 grams of heroin, which was intended for distribution.  Harvey pleaded guilty in September 2017. 

Christopher D. Washington, 23, was sentenced to 33 months in prison and 3 years supervised release for being a convicted felon in possession of a firearm.  Washington previously admitted that, in June 2017, while in the company of Steven D. Harvey, Washington unlawfully possessed a .40 caliber semiautomatic pistol.  Washington pleaded guilty in September 2017.

Under federal law, each must serve 85 percent of his prison sentence.

“Combatting the opiate and opioid epidemic and reducing the potential for violent crime, by removing firearms from convicted felons, are top priorities for the Department of Justice,” said United States Attorney Robert M. Duncan, Jr.  “The sentences imposed should serve as a deterrent and send a strong message that such conduct is not tolerated in the Eastern District of Kentucky.  I want to commend the investigative agencies involved in each of these cases.  As a result of the hard work of dedicated law enforcement professionals, dangerous drugs were removed from our streets, firearms were seized from those who were illegally possessing them, and lives were potentially saved.”                     

United States Attorney Duncan and Darrell Christopher Evans, Special Agent in Charge, DEA Louisville, jointly announced the sentences.

The investigations were conducted by the DEA Lexington Task Force and the Lexington Police Department.  The United States was represented by Assistant United States Attorney Cynthia T. Rieker, in the Arian Brown case, and by Assistant United States Attorney Gary Todd Bradbury, in the Marion L. Brown, III, Steven D. Harvey, and Christopher Washington cases.

These cases were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

FRANKFORT, Ky.  — Jonathan L. Courtland, 35, of Frankfort, pleaded guilty today to Conspiracy to Distribute Cocaine and being a Convicted Felon in Possession of a Firearm.

In his guilty plea, Courtland admitted that he had engaged in several instances of cocaine distribution in Frankfort, Kentucky, between December 2016 and April 2017.  He also admitted that, on April 24, 2017, he possessed a handgun, even though he had previously been convicted of one or more felony drug offenses. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge, Louisville FBI; Richard Sanders, Commissioner Kentucky State Police; and Chief Travis Ellis, Frankfort Police Department, jointly made the announcement today after Courtland entered his guilty plea.

Federal Bureau of Investigation, Kentucky State Police, and Frankfort Police Department conducted the investigation.  Assistant United States Attorney Roger W. West represented the United States in the case.  The case is part of the Project Safe Neighborhoods (PSN) Program, a Department of Justice initiative to reduce violent crime through partnerships between federal, state, and local law enforcement.  The goal of the PSN Program is to use these partnerships to make communities safer.   

Courtland will appear for sentencing before United States District Court Judge Gregory F. Van Tatenhove in Frankfort, on April 19, 2018, at 2:30 p.m. 

Courtland faces a minimum mandatory sentence of 15 years (180 months) on the firearms offense and a maximum prison sentence of 30 years on the cocaine offense.  However, the Court will impose any sentence after consideration of the U.S. Sentencing Guidelines and the applicable federal statutes.  

PIKEVILLE, Ky. – A Pikeville man, Craig T. Anderson, 29, has been sentenced to 87 months in federal prison, to be followed by a 25-year term of supervised release, for knowingly receiving child pornography.

 

On December 28, 2017, United States District Judge David L. Bunning formally sentenced Anderson, who must serve 85 percent of his federal prison sentence.

 

Anderson previously admitted in federal court that, in February of 2015, he knowingly received images of child pornography by accessing The Onion Router (TOR) network and saving child pornography images in his “TOR Browser” directory.  A forensic examination of Anderson’s laptop computer revealed approximately 577 unique images of child pornography on his computer.  The investigation was part of a nationwide operation conducted by the FBI.  As a result of  its investigation, the FBI obtained a search warrant for Anderson’s parents’ residence and seized his computer.  

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation jointly announced the sentence.

 

The investigation was conducted by the FBI.  The United States was represented by Assistant United States Attorney David Marye.

LEXINGTON, Ky. - The U.S. Attorney’s Office announced today the completion of three successful training events, promoting partnership and cooperation among federal, state and local law enforcement agencies and emphasizing efforts to combat civil rights violations and organized drug trafficking.

Over a two-week period in late November and early December, the Office sponsored three training sessions for over 150 law enforcement officers, prosecutors and victim advocates from local, state and federal law enforcement.

The first training session was a collaboration with the U.S. Attorney's Office for the Western District of Kentucky to train federal, state and local officers on the rules and best practices for criminal discovery.  This training is conducted annually to inform law enforcement officers about emerging issues involving the proper collection, preservation, and production of evidence used in criminal prosecutions.

In the second training, the Office collaborated with the Fayette Commonwealth Attorney, the Federal Bureau of Investigation and the Department of Homeland Security to train federal, state and local officials on the prosecution of federal and state civil rights offenses.  Topics covered included voter fraud, hate crimes, human trafficking, labor trafficking, law enforcement misconduct and civil investigations, such as fair housing and American with Disabilities Act violations.

In the third training, Office personnel, along with members of the Drug Enforcement Administration, provided training to federal, state and local narcotics officers as part of the Organized Crime Drug Enforcement Task Force, a federally supported program aimed at dismantling and disrupting drug trafficking and other criminal organizations.

“I am proud to support the men and women of law enforcement, including by partnering with them to provide training to our colleagues,” said United States Attorney Robert M. Duncan, Jr.  “The recent training events highlight our Office’s strong partnerships with local, state, and federal law enforcement.  These close working relationships with various law enforcement agencies tremendously benefit the communities that we serve.”    

The U.S. Attorney’s Office will continue to provide important training events. For more information about future trainings, Please contact the Community Relations Unit or visit the Office website at www.justice.gov/usao-edky.

LEXINGTON, Ky. – A Lexington man, Steven Michael Smith, 35, has been sentenced to 20 years in prison, to be followed by a life term of supervised release, for inducing a minor to produce sexually explicit images of themselves and transmit those images to him.

 

On Monday, Senior United States District Judge Joseph M. Hood formally sentenced Smith.  Judge Hood also ordered that Smith’s federal sentence run concurrently with a 15- year sentence he was ordered to serve following convictions in Madison Circuit Court, for Rape Third Degree, Sexual Abuse First Degree, and Intimidating a Participant in the Legal Process, in 2012.  Smith must serve 85 percent of his federal prison sentence.

 

Smith previously admitted in federal court that, in May of 2010, he persuaded, induced, coerced and enticed the minor victim to produce and send him the sexually explicit images.

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge, FBI; Richard Sanders, Commissioner, Kentucky State Police; and David Gregory, Chief of the Berea Police Department, jointly announced the sentence.

 

The investigation was conducted by the FBI, KSP, and Berea Police Department.  The United States was represented by Assistant United States Attorney David Marye.

ASHLAND, Ky. – A Catlettsburg man, Steven Darrell Duncil, 36, has been sentenced to 15 years in prison, to be followed by a 20-year term of supervised release, for knowingly distributing child pornography.

 

On Monday, United States District Judge David L. Bunning formally sentenced Duncil, who had previous felony convictions for Prohibited Use of Electronic Communications to Procure a Minor (Sex Offense) and Criminal Attempt of Unlawful Transaction with a Minor in the First Degree, from 2007.  Duncil must serve 85 percent of his federal prison sentence.

 

Duncil previously admitted in federal court that, in June of 2016, he knowingly distributed images of child pornography via ChatStep, a web chat service.  The investigation was initiated by a CyberTipline report from the National Center for Missing and Exploited Children (NCMEC).  The Kentucky State Police Electronic Crimes Branch (ECB), in coordination with the Internet Crimes Against Children (ICAC) Task Force obtained a search warrant for Duncil’s residence after investigating the report.  

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Steven Igyarto, Special Agent in Charge, Department of Homeland Security-Homeland Security Investigations; and Richard Sanders, Commissioner, Kentucky State Police, jointly announced the sentence.

 

The investigation was conducted by the DHS-HSI and KSP-ECB.  The United States was represented by Assistant United States Attorney David Marye.

ASHLAND, Ky. – On Monday, a former bank executive admitted in federal court that he executed a 17-year scheme to defraud Town Square Bank of more than a million dollars.

 

Martin Ross, 52, pleaded guilty to one count of bank fraud before United States District Court Judge Bunning.  Ross admitted he developed and executed a scheme to defraud Town Square Bank, where he used to work.  Ross admitted that between May 2000 and July 2017, he used fake names and documentation to obtain fraudulent loans that he would then use to pay his personal debts and expenses.  According to the plea agreement, Ross obtained 15 fraudulent loans over the past 10 years, with an outstanding loss of $1,415,082.

 

Ross was charged by way of information, waiving his right to indictment by a federal grand jury. 

 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Joseph E. Moriarty, Special Agent in Charge, Federal Deposit Insurance Corporation, Office of Investigations, Chicago Region, Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office and Todd Kelly, Chief of Police, Ashland Police Department, jointly announced the guilty plea.

 

The investigation was conducted by the Ashland Police Department, the FDIC, and the FBI.  The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Kate K. Smith.  

 

Ross is scheduled to be sentenced on April 16, 2018.  He faces up to 30 years in prison and a maximum fine of $1,000,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the applicable federal statutes.  

LEXINGTON, Ky. — A federal grand jury has indicted four individuals for drug crimes related to the distribution of large quantities of fentanyl.  Gadiel Ortiz-Flores, age 39, of Lawrenceburg, Ky., Brian Walker Hensley, age 38, also of Lawrenceburg, Ky., Miguel Alberto Esparza, age 29, of Lexington, and Megan Nicole Slone, age 24, also of Lexington, were indicted yesterday for both conspiracy and distribution offenses related to fentanyl.  Fentanyl is an extremely potent opioid, which is as much as 80 to 100 times more potent than morphine and 25 to 100 times more potent than heroin.

The indictment alleges that, beginning in August 2017 and continuing through December 5, 2017, the four named defendants conspired to distribute 400 grams or more of fentanyl in Fayette and Anderson counties.  The indictment further alleges distribution of fentanyl in Fayette County, on specific dates in August, September, and November 2017.  Finally, the indictment charges each of the defendants with possessing 400 grams or more of fentanyl with the intent to distribute it.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Chris Evans, Special Agent in Charge, DEA, jointly announced the return of the indictment.

The investigation preceding the indictment was conducted by the DEA and the Anderson County Sheriff’s Department.  The indictment was presented to the grand jury by Assistant United States Attorney Todd Bradbury.

Appearances for the defendants, before the United States District Court, have not yet been set.  If convicted, each defendant faces a maximum sentence of life in prison.  However, any sentence following conviction would be imposed by the Court, after consideration of the United States Sentencing Guidelines and the federal statute 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.

LEXINGTON, Ky. — Yesterday, Stanford Coleman, 49 of Atlanta, Georgia was convicted of Conspiracy to Distribute Oxycodone. The jury returned its guilty verdict after 4 days of trial.

The evidence at trial established that, between January 2015 and May 2017,  Coleman was supplying large quantities of 30 milligram Oxycodone pills to people in Mt. Sterling and Montgomery County.

United States Attorney Robert M. Duncan, Jr., Special Agent in Charge, Stuart Lowery, ATF Louisville, Commissioner Richard Sanders, Kentucky State Police, and Police Chief David Charles, Mt. Sterling Police Department, jointly announced the verdict.

Coleman was remanded to the custody of the U.S. Marshals and is scheduled to be formally sentenced on March 23, 2018.  The investigation was conducted by the ATF, the KSP, and the Mt. Sterling Police Department.  The United States was represented by Assistant United States Attorney Roger West.

COVINGTON, Ky. — Matthew Wesley Shaffer, 39, of Walton, Ky., was sentenced today, to 35 years in prison, by United States District Court Judge David Bunning. In August of 2017, Shaffer was convicted by a jury of two counts of conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute it, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of drug trafficking.

At his trial, Shaffer was identified as the president of the Florence, Kentucky, chapter of the Iron Horsemen motorcycle club and as a national enforcer for that organization. He has multiple prior felony convictions. The evidence at trial further established that Shaffer directed a group that was transporting large amounts of crystal methamphetamine from California to Northern Kentucky and distributing it, during 2015 and 2016. The evidence also established that, on August 25, 2016, Shaffer possessed more than 180 grams of crystal methamphetamine in his Walton, Kentucky residence, along with two loaded firearms, body armor, and $8,920.00 in currency. Additionally, the evidence established that Shaffer led a group of individuals who smuggled approximately ten grams of crystal methamphetamine into the Boone County Detention Center for distribution, in October 2016. The jury convicted him after five days of trial.

“This investigation and prosecution highlights the importance of a strong partnership between local, state, and federal law enforcement in reducing violent crime and drug trafficking activities,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our communities are made safer through the cooperative efforts of law enforcement, and I commend the officers and agents for their hard work and dedication on this case and others like it.”

Under federal law, Shaffer 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 ten years.

United States Attorney Duncan; Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration; and Stuart Lowrey, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives, jointly announced the sentence.

The investigation was conducted by the DEA, the ATF, and the Northern Kentucky Drug Strike Force. The United States was represented by Assistant United States Attorney Tony Bracke.

LEXINGTON, Ky. – A federal grand jury in Lexington has indicted an Adair County man, on a charge of conspiracy to commit mail fraud, wire fraud and securities fraud, arising out of an oil and gas exploration investment scheme.  As alleged in the indictment, from 2007 until 2017, Ronnie C. Rodgers, 62, of Columbia, Ky., solicited investors in oil and gas production programs involving oil and gas leases, in South Central Kentucky and Tennessee.  He solicited these investors under various business names, including Rick-Rod Oil Company, Inc.; Big South Resources; Big South Energy; Hydro & Green Global Energy, LLC; and R&R Plus, LLC. 

The indictment alleges a scheme in which Rodgers and his associates profited from misappropriating investor money, rather than from the sale of oil and gas.  Rogers is alleged to have obtained money from the investors by making false representations and by failing to advise them of facts, which were material to their investments.  These misrepresentations included predictions about the amount of expected oil production, statements about when the investors could expect a return of their investment, claims that oil was already being produced, and other similar misrepresentations.   According to the indictment, Rodgers also failed to disclose that he was a convicted felon; that he had been enjoined by state authorities from selling oil and gas investments; and that he had mostly drilled dry wells. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Chris White, Assistant Inspector in Charge, U.S. Postal Inspection Service; and Charles A. Vice, Commissioner of the Kentucky Department of Financial Institutions, jointly announced the indictment.  The indictment results from a joint investigation by the United States Postal Inspection Service and the Kentucky Department of Financial Institutions.  

            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.

A former Social Security disability lawyer who was apprehended abroad and returned to the United States was arraigned today on charges stemming from his escape from home confinement and his failure to appear for sentencing following his March 2017 guilty plea in a social security disability benefits fraud scheme.  He immediately began serving the previously imposed 12-year prison sentence, which was ordered in his absence in June 2017.  

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Amy S. Hess of the FBI’s Louisville, Kentucky Field Division and Special Agent in Charge Michael McGill of the Social Security Administration-Office of Inspector General’s (SSA-OIG) Philadelphia Field Division made the announcement. 

Eric Christopher Conn, 57, of Pikeville, Kentucky, and his alleged accomplice, Curtis Lee Wyatt, were charged in connection with Conn’s escape in a seven-count indictment returned on Sept. 6, 2017, in the Eastern District of Kentucky in Lexington.  Conn entered pleas of not guilty.  Both he and Wyatt are scheduled to proceed to trial on Feb. 12, 2018.  

The indictment charges Conn and Wyatt with one count each of conspiracy to escape and one count each of conspiracy relating to Conn’s failure to appear for his sentencing.  Conn is also charged with one count of escape and one count of failing to appear.  The indictment alleges that Conn, while on home confinement after pleading guilty to two federal offenses but before being sentenced, escaped from custody by severing an electronic monitoring device from his ankle during a court-approved visit to Lexington on June 2, 2017, and fled to the Mexican border.  According to the indictment, Conn ultimately failed to appear for his sentencing hearing on July 14, 2017. 

Conn was also charged last year, along with a former Social Security administrative law judge and a former clinical psychologist, in an 18-count indictment charging conspiracy, mail and wire fraud, false statements, money laundering and other related offenses in connection with a $550 million Social Security disability fraud scheme.  The indictment alleges that from October 2004 to Feb. 13, 2012, Conn and others conspired to defraud the government by, among other things, submitting false and fraudulent medical documentation to the SSA in order to have the SSA pay claimants’ retroactive disability benefits, continue to pay claimants’ disability benefits in the future, award Medicare and Medicaid benefits to claimants and pay Conn’s attorney fees.  According to the indictment, the conspirators intended that the SSA disburse more than $550 million in disability benefits in more than 2,000 cases to claimants in Kentucky and elsewhere, irrespective of the claimants’ actual entitlement to benefits.

The former Social Security administrative law judge named in that indictment, David Black Daugherty, pleaded guilty in May 2017 to a two-count information charging him with receiving illegal gratuities, and was sentenced on Aug. 25, 2017, to four years in prison.  The former clinical psychologist, Alfred Bradley Adkins, was found guilty following a six-day trial in June 2017 of one count of conspiracy to commit mail fraud and wire fraud, one count of mail fraud, one count of wire fraud and one count of making false statements, and was sentenced on Sept. 22, 2017, to 25 years in prison.

Conn previously pleaded guilty on March 24, 2017, to a two-count information charging him with theft of government money and paying illegal gratuities, and was sentenced in absentia on July 14, 2017, to 12 years in prison on those charges.  Although Conn began serving his 12-year sentence, he remains charged under the original indictment. 

On Saturday, Dec. 2, 2017, Conn was taken into custody without incident in La Ceiba, Honduras with assistance from the Agencia Tecnica de Investigaciones Criminales de Honduras (ATIC) and the FBI’s Legal Attaché in San Salvador.  Since Conn’s escape, the FBI has worked diligently with U.S. Probation, the U.S. Marshals Service, U.S. Customs and Border Protection, the SSA-OIG, the Kentucky State Police, Lexington Police, Pikeville Police, University of Kentucky Police, and the Luna County (New Mexico) Sheriff’s Office to locate and apprehend him.  The Criminal Division’s Office of International Affairs provided valuable assistance to the investigation of Conn’s escape.   

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

The FBI and SSA-OIG investigated the case.  Trial Attorney Dustin M. Davis of the Criminal Division’s Fraud Section and Trial Attorney Elizabeth G. Wright of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case.  

LEXINGTON, KY. – Robert M. Duncan, Jr. has taken the oath of office to become the United States Attorney for the Eastern District of Kentucky. He was nominated by President Donald Trump on August 3, 2017, and confirmed by the United States Senate on November 9, 2017. Duncan took the oath of office from Chief Judge Karen K. Caldwell of the United States District Court for the Eastern District of Kentucky.

 

“I am humbled and honored to have been appointed by President Trump and confirmed by the United States Senate to serve as the United States Attorney for the Eastern District of Kentucky,” Duncan stated.  “It is my great privilege to serve with the dedicated and talented members of the United States Attorney’s Office, men and women who are committed to the principles of justice, fairness, and the rule of law.  As a native Kentuckian and career prosecutor, I understand the unique challenges facing our District, including the devastation of lives caused by drug trafficking and the tragic consequences of violent crime.  I am committed to working with our partners and colleagues in law enforcement to help make our communities safer through the vigorous and fair enforcement and prosecution of the laws of the United States.”     

 

As United States Attorney, Robert M. Duncan, Jr. is the top-ranking federal law enforcement official in the Eastern District of Kentucky, which encompasses the 67 easternmost counties in the Commonwealth, has a population of approximately 2.2 million, and includes the cities of Lexington, Covington, Frankfort, Ashland, Pikeville, Somerset, and London.  Duncan will serve as the twenty-third presidentially appointed United States Attorney for the Eastern District of Kentucky, which was created in 1901.    

 

Duncan will oversee a staff of 83 employees, including 39 attorneys, 36 non-attorney support personnel, and 8 contract employees. The office is responsible for prosecuting federal crimes in the District, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.

 

Prior to his appointment, Duncan had served for more than a decade as an Assistant United States Attorney in the Eastern District of Kentucky.  Beginning in 2011 and continuing until his appointment as United States Attorney, Duncan focused on the prosecution of Organized Crime Drug Enforcement Task Force cases, working with federal, state, and local law enforcement personnel to disrupt and dismantle complex drug trafficking and money laundering organizations operating in the District and elsewhere.  From 2007 to 2013, Duncan served as coordinator of the office’s Project Safe Neighborhoods Program, a Department of Justice initiative to reduce gun and gang crime through education, community outreach, and prosecution. 

 

During his career as a federal prosecutor, Duncan handled a wide array of criminal and appellate matters, including cases involving violent crimes, immigration offenses, public corruption, white-collar offenses, environmental crimes, and child exploitation offenses.  Duncan also served as the Professional Responsibility Officer for the office, providing advice about legal ethics.  Duncan joined the United States Attorney’s Office in January 2005. 

 

Prior to becoming a federal prosecutor, Duncan served as a law clerk to Senior United States District Court Judge Henry R. Wilhoit, Jr., in Ashland, Kentucky.  

 

Duncan is a member of the Kentucky Bar Association and admitted to practice law in Kentucky. He is also admitted to practice before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the United States District Court for the Eastern District of Kentucky.  Duncan has served as President of the Kentucky Chapter of the Federal Bar Association and on several civic, educational, and philanthropic boards.      

 

Robert M. Duncan, Jr., grew up in Inez, in Martin County, Kentucky, along the Commonwealth’s border with West Virginia.  Duncan graduated from Sheldon Clark High School in Inez in 1996.  He graduated from Centre College in Danville, Kentucky, in 2000 with his B.A. in English and minor in History.  Duncan received his J.D. in May 2003 from the University Of Kentucky College of Law in Lexington, Kentucky. 

 

Duncan, his wife, Valerie, and their children live in Lexington.  

Photo taken by U.S. Attorney's Office - EDKY Officials in the picture from Left to Right: Acting U.S. Attorney Carlton S. Shier, IV, Lou Anna Red Corn, Fayette County Commonwealth Attorney, Amy Hess, Special Agent in Charge, FBI Louisville, Chief Mark G. Barnard, Lexington Police Department, Lieutenant Ann Welch, Lexington Police Department, Winn Stephens, Executive Director, Children's Advocacy Center of the Bluegrass, Kimberly Kidd, Special Agent, FBI, Sue Thornton, Paralegal Contractor, U.S. Attorney's Office Forfeiture Unit and Wade Napier, AUSA, U.S. Attorney's Office Forfeiture Unit.

 

Local law enforcement partners that participated in the criminal prosecution

to share forfeited funds with local Children’s Advocacy Center

 

LEXINGTON, Ky. – The United States Attorney’s Office, the Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, the FBI, the Fayette Commonwealth Attorney’s Office, the Lexington Police Department, and the Children’s Advocacy Center of the Bluegrass (CAC) jointly announced today that a portion of proceeds from the sale of the Lexington residence owned by two men convicted of child abuse will be shared with the CAC.

 

Beginning in 2014, the Fayette Commonwealth’s Attorney’s Office prosecuted brothers Jack and Jerry Cassidy for possession of child pornography and for the sexual abuse of six minor victims, which dated back to the 1970s.  The Cassidys met their abuse victims through volunteer work in the Lexington community.  The victims were 15 years of age or younger at the time of the abuse and much of that abuse occurred at the brother’s Lexington residence, which is located on Mason Headley Road.  The Lexington Police Department’s investigation of the case began when emergency personnel and police were called to the residence in August 2014.  Upon their arrival, the police found that the Cassidys had documented their abuse of victims, in diaries and other writings, and had evidence of that abuse on display in the house.

 

Both brothers entered guilty pleas to nine criminal counts, which included possession of child pornography, sexual abuse, sodomy and indecent and immoral practices (a pre-penal code offense).  Fayette Circuit Court Judge Kimberly Bunnell has sentenced both men to 20 years in state prison, the maximum allowed by Kentucky law.

 

In 2015, the United States Attorney’s Office filed a civil forfeiture action against the Mason Headley residence, asserting that the home had facilitated the interstate transport of minors for the purpose of sexual assault.  Federal civil asset forfeiture law allows the federal government to file lawsuits against property that has been used to facilitate a violation of federal law, or is otherwise the proceeds of a federal criminal violation.  The Cassidys agreed to the forfeiture of their residence, which was then awarded to the federal government and eventually sold by the United States Marshals Service.

 

Through the federal government’s asset forfeiture equitable sharing program, the FBI is permitted to share up to 80 percent of the net proceeds of forfeited assets, with the local law enforcement partners who participated in the investigation and prosecution of the case.  In turn, local law enforcement partners are each permitted to transfer their shared funds, up to $25,000 per year, to community-based organizations that serve a law enforcement purpose. 

 

In this case, the FBI has shared the maximum amount allowed from the sale of the residence with its two local partners in the investigation:  the Lexington Police Department and the Fayette Commonwealth Attorney’s Office.  Both of these partners have elected to transfer the maximum amount of their shared funds to the CAC this year ($50,000 in total), with remaining shared funds being transferred next year.

 

The CAC is a community-based organization that advocates on behalf of children alleged to have been abused; assists in the coordination of investigations of child abuse, by providing a location for forensic interviews and medical examinations; promotes the coordination of services for children alleged to have been abused; and provides, directly or by agreement, services that include forensic interviews, medical examinations, mental health and related support services, court advocacy, consultation, and training.

 

“These men committed appalling offenses against minor victims and used their home to facilitate their criminal conduct,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky.  “We were able to use the tools available to us under federal law to forfeit an instrument of their cruelty and, with the assistance of our valued law enforcement partners, convert it into a genuine benefit to future child abuse investigations in our community and the provision of essential services to victims of child abuse.”

 

“Under Kentucky law, our office could not obtain forfeiture of the property where these horrible acts occurred,” said Lou Anna Red Corn, Fayette Commonwealth’s Attorney.  We are fortunate in Lexington to have law enforcement agencies that work together like this, and as result of these shared funds, we are turning something horrible into something healing for child sexual abuse victims.”

 

“Detectives in our Special Victims Section utilize the Children’s Advocacy Center nearly every day,” said Lexington Police Chief Mark Barnard.  “The CAC provides a nurturing, friendly and safe environment to observe child interviews and meet with families and counselors.  Our partnership with the CAC plays a necessary and important role in investigating and prosecuting crimes against young victims.  Central Kentucky law enforcement agencies have come to rely on the CAC, so this financial contribution to support its mission of reducing the trauma experienced by child victims of sexual abuse was simply the right thing to do.”

 

“The Children’s Advocacy Center of the Bluegrass is honored to receive these funds,” said Winn Stephens, Executive Director of the Children’s Advocacy Center of the Bluegrass.  “We are going to change the narrative of this story.  What started as a horrible crime will ultimately result in helping hundreds of children overcome the abuse they suffered.  These funds will also be utilized to aid in the investigation and prosecution of child abuse cases and to make sure other individuals who hurt our most vulnerable citizens are swiftly brought to justice.”

LEXINGTON, Ky. – Jason Whitis, 41, Robbie Neal Whitis, 34, and Joshua Kelley Pyles, 33, each of Somerset, Ky., were sentenced today, by Senior United States District Judge Joseph M. Hood, for conspiring to distribute 50 grams or more of methamphetamine.  Robbie Whitis and Pyles were also sentenced for possessing a firearm in furtherance of the methamphetamine conspiracy.  Jason Whitis was sentenced to 200 months in prison; Robbie Whitis was sentenced to 75 months; and Pyles was sentenced to 120 months. 

Jason Whitis and Robbie Whitis previously pleaded guilty, on August 7, 2017, and admitted that they conspired with each other and Pyles to distribute approximately 220 grams of methamphetamine.  The methamphetamine was intended for distribution in the Somerset area.  The methamphetamine was discovered during a traffic stop of a vehicle occupied by all three defendants, in Fayette County, on April 26, 2017.  During the traffic stop, Robbie Whitis and Pyles were each found in possession of a firearm.  Robbie Whitis then admitted that he possessed the firearm for protection, in furtherance of the drug crime.  Pyles was found guilty after a jury trial, in August of this year.

Under federal law, all three men must serve 85 percent of their prison sentences.  Following their release, they will then be under the supervision of the United States Probation Office. 

Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Timothy J. Plancon, DEA Special Agent in Charge; and Richard Sanders, Commissioner, Kentucky State Police, jointly made the announcement.

The investigation was conducted by the DEA and the Kentucky State Police.  The United States was represented by Assistant United States Attorneys Robert M. Duncan, Jr., and Lauren Tanner Bradley.

WASHINGTON – Justice Department announced today that a former supervisory deputy jailer at the Kentucky River Regional Jail (KRRJ), Perry County, Kentucky, has been sentenced to 126 months in federal prison related to his role in an unprovoked violent assault of a detainee.

 

United States District Judge Karen K. Caldwell formally sentenced Damon Wayne Hickman, 40, on his conviction.  Under federal law, Hickman must serve 85 percent of his prison sentence.  Following the completion of his prison term, he will be under the supervision of the United States Probation Office for three years.

 

On Nov. 9, 2016, Hickman entered a guilty plea to using excessive force against the detainee, resulting in bodily injury, and to deliberately ignoring the detainee’s serious medical needs, also resulting in bodily injury, and obstruction of justice.  On May 11, 2017, William Curtis Howell, 60, was convicted of the same offenses after a jury trial, and he is scheduled to be sentenced in United States District Court on Dec. 19, 2017.  Hickman was also convicted of obstruction of justice for creating a fake medical log to cover up his and Howell’s misconduct.

 

According to evidence and testimony presented during Hickman’s pretrial hearings and Howell’s jury trial, on July 9, 2013, at the Kentucky River Regional Jail in Hazard, Kentucky, Hickman and Howell violently beat Larry Trent, 54, a pretrial detainee, and left him in his cell, seriously injured and bleeding from an open head wound.  Trent ultimately died from injuries sustained during the beating.  Trent was in custody for a DUI charge.  Hickman, who was initially charged along with Howell, pleaded guilty prior to trial and testified against Howell.

 

The assault started when Howell and Hickman opened the door to Trent’s cell to remove a sleeping-mat, and Trent ran out of the cell.  Howell tased Trent, and after Trent was brought to the floor, Hickman, without justification, violently kicked Trent in the ribs.  Hickman and Howell continued their assault after Trent was carried back to the area outside of his cell.  Both deputies, without justification, punched, kicked, and stomped on Trent.  Witnesses further testified that, before closing the cell door, Howell stepped into Trent’s cell and kicked Trent in the head while Trent was on the floor and posing no threat.  After the assault, Hickman and Howell had other inmates clean up Trent’s blood from the floor and walls outside of his cell.

 

The evidence further revealed that Trent was lying motionless in his cell with blood all over his face.  However, Hickman and Howell willfully failed to provide medical attention, because they did not want to get in trouble.  Approximately four hours after the beating, another employee at the jail discovered Trent’s lifeless body.  Paramedics were summoned and Trent was transported to a local hospital, where he was later pronounced dead.

 

“Corrections officers throughout the country carry out their duties in a responsible manner on a daily basis,” said Acting Assistant Attorney General John Gore. “Attacks like this one dishonor those responsible corrections officers and is a violation of civil rights, and the Department of Justice will prosecute such misconduct.”

 

“The criminal conduct in this case was a disgraceful breach of public trust, a grave disservice to truly dedicated law enforcement personnel, and an appalling violation of a man’s civil rights,” said Acting U. S. Attorney Carlton Shier.  “Holding law enforcement officials accountable for violations of the public trust we place in them is absolutely critical to making our communities safer.”

 

Autopsy results presented at trial showed that Trent died from internal bleeding caused by a displaced pelvic fracture, and from blunt force trauma to his head, torso, and extremities.

 

According to evidence presented at pretrial hearings for Hickman and at an unrelated jury trial of another KRRJ supervisory deputy jailer, Kevin Asher, Hickman and Asher assaulted another pre-trial detainee at the same jail in 2012.  On Oct. 19, 2017, Asher was sentenced to 108 months imprisonment for his involvement in that unrelated inmate assault.

 

The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties.  As a supervisory deputy jailer, Hickman was responsible for the custody, care, safety and control of the inmates at the jail.

 

Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement. 

 

The investigation was conducted by the FBI and the Kentucky State Police.  Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government. 

LEXINGTON, Ky. – A Lexington, Ky., man has entered a guilty plea to a federal arson charge, which involved a fire at a local business where he had previously been employed.

 

Bennie C. Davis, 21, entered his guilty plea today, before Senior U.S. District Judge Joseph M. Hood.

 

In his guilty plea, Davis admitted that, on April 25, 2017, he entered the Qdoba Restaurant located on East Tiverton Way, in Lexington, after the store had closed and then set fire to the building.  Davis had been recently discharged from a management position with Qdoba, a position he had held for several years.

 

Acting U.S. Attorney Carlton S. Shier, IV; Stuart Lowery, Special Agent in Charge, ATF; and Kristin Chilton, Chief of the Lexington Fire Department, jointly announced the guilty plea.

 

The ATF and the Lexington Fire Department conducted the investigation.  Assistant U.S. Attorney Roger West prosecuted the case on behalf of the federal government.

 

Davis will be sentenced on February 29, 2018 and faces a minimum sentence of five years.  He must serve at least 85 percent of his prison sentence.

LEXINGTON, Ky. – A Central Kentucky pharmacist, who owned and operated Hometown Pharmacy of Georgetown, has been sentenced to eight years in federal prison, followed by two years of home incarceration as a term of his supervised release, for Conspiracy to Distribute Oxycodone and Money Laundering.

 

Chief United States District Judge Karen K. Caldwell formally sentenced Michael Ingram, 37, of Cynthiana, Ky., earlier today.  Ingram must serve 85 percent of his sentence.  Ingram has also forfeited in excess of $450,000 stemming from his criminal conduct. 

 

In his July 2017 guilty plea, Ingram admitted that, while operating Hometown Pharmacy of Georgetown, he illegally distributed and dispensed oxycodone, by filling forged prescriptions from outside Kentucky.  Ingram also admitted that his distribution and dispensation of these pills was outside the scope of pharmaceutical professional practice and was not for a legitimate medical purpose.  Ingram further admitted that he used the proceeds of those illegal oxycodone sales to purchase the property now housing an additional business, Hometown Pharmacy of Cynthiana.

 

“We continue to see corrupt medical professionals choose profit over medical judgment and callously fuel an opioid epidemic that has decimated our state,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky.  “This despicable conduct does enormous damage, both to individuals struggling with addiction and to our communities as a whole.  Combatting this epidemic requires that we be clear:  these egregious breaches of professional trust are criminal conduct that will be prosecuted.”

 

Acting United States Attorney Shier; Mark McCormack, Special Agent in Charge, FDA Office of Criminal Investigations; Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration; and Tracey D. Montaño, Special Agent in Charge, IRS, Criminal Investigation, jointly announced the sentence.  The case was prosecuted by Assistant United States Attorneys Andrew Smith and Cynthia Rieker

LEXINGTON, Ky. – Joyce Minton, 65, Aaron Brooke Warren, 43, and James Minton, 70, all of Nicholasville, Ky., have been sentenced, respectively, to 97 months, 46 months, and 18 months in federal prison, for defrauding a Nicholasville business.  They were also ordered to forfeit the proceeds of their crimes and to pay restitution to their victims.

 

Senior United States District Judge Joseph M. Hood formally sentenced the Mintons and Aaron Brooke Warren yesterday.  They must serve 85 percent of their prison sentence. 

 

In June, according to evidence presented at their trial, James Minton, Joyce Minton, and Aaron Brooke Warren conspired to defraud their longtime employer, Clark Machine Tool and Die, of Nicholasville.  The criminal conspiracy took place from February 2000 through May 2016 and stole over $1,500,000.  The conspirators defrauded the business by using company checks and credit cards to purchase personal items, by cashing and keeping company petty cash checks, by issuing themselves extra paychecks, and by inflating their paychecks.  They also kept money that customers had paid the company for work, converting those funds to their personal use.  Joyce Minton was the office manager and bookkeeper for the company; Aaron Brooke Warren was the company’s shop supervisor; and James Minton was a contractor.

 

The jury convicted Joyce Minton of 46 counts of conspiracy, mail fraud, bank fraud, and money laundering; Aaron Brooke Warren was convicted of 34 counts of conspiracy, mail fraud, and money laundering; and James Minton was convicted of seven counts of conspiracy and mail fraud.

 

Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; Chris White, Assistant Inspector in Charge, United States Postal Inspection Service; and Richard W. Sanders, Commissioner of the Kentucky State Police, jointly announced the sentences.  Assistant U.S. Attorneys Neeraj Gupta and Ken Taylor prosecuted the case on behalf of the federal government.

WASHINGTON – A former supervisory deputy jailer at the Kentucky River Regional Jail has been sentenced to 108 months in federal prison and three years of supervised release related to his role in an unprovoked violent assault of a detainee who was being held at the jail, and for subsequently covering up the beating.                                           

Yesterday, United States District Judge Karen K. Caldwell formally sentenced Kevin Eugene Asher, 32, on his conviction.  Under federal law, Asher must serve 85 percent of his prison sentence.  Following the completion of his prison term, he will be under the supervision of the United States Probation Office for the London, KY office of the Eastern District of Kentucky. 

On April 12, 2017, a jury convicted 32-year-old Kevin Asher of deprivation of civil rights under color of law, and obstruction of justice.  

According to evidence and testimony presented during the jury trial, in November 2012, Asher and another deputy jailer, Damon Wayne Hickman, physically assaulted Gary Hill, a 55-year-old inmate who was being held following an arrest for a misdemeanor charge of disorderly conduct.  

According to testimony, Deputies Asher and Hickman approached Hill after Hill had run the faucet in his jail cell to the point where water had spilled out onto the floor.  Hickman testified at trial that he punched Hill in the face, causing Hill to fall onto the floor.  Hickman further testified that while Hill was curled up in a fetal position, he and Asher began kicking Hill.  Asher and Hickman then immobilized Hill in a restraint chair and Hickman continued to beat him.  Evidence established that following the brutal assault, the deputies failed to obtain any medical treatment for Hill who had received numerous injuries.  

The jury also found that Asher obstructed justice by filling out an incident report at the jail in which he falsely claimed that Hill had slipped and fallen onto the floor and that no physical force had been used against him. 

The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties.  As a supervisory deputy jailer, Asher was responsible for the custody, care, safety and control of the inmates at the jail. 

Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made today’s announcement. 

“Nothing justifies or excuses the defendant’s outrageous conduct in this case,” said Acting Assistant Attorney General John Gore.  “When deputy jailers make the corrupt choice to violate our Constitution and laws, the Justice Department will prosecute such misconduct, just as it did here.”

“This type of criminal conduct not only causes real injuries to victims, but tarnishes the work of truly dedicated law enforcement personnel,” said Acting U.S. Attorney Carlton Shier.  “Prosecuting this type of disgraceful conduct is critical to making our communities safer.  We simply must hold officials accountable for violations of the public trust that was placed in them.”

“Law enforcement officers are given tremendous power to enforce the law and ensure justice. Preventing abuse of this authority is necessary to protect the rights of our citizens and maintain confidence in law enforcement,” said Amy Hess, Special Agent in Charge of the FBI’s Louisville Office. “Mr. Asher’s sentence shows that the FBI will aggressively investigate color of law and civil rights violations, to hold those with the responsibility for upholding the law accountable to it.”

The investigation was conducted by the FBI and the Kentucky State Police.  Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government

FRANKFORT, Ky. – A Frankfort man has been sentenced to 23 years in federal prison, for producing sexually explicit images of a minor and then sending them to another man.

 

Yesterday, United States District Judge Gregory F. Van Tatenhove formally sentenced Matthew Craig Fosson, 41, on his conviction.  Under federal law, Fosson must serve 85 percent of his prison sentence.  Following the completion of his prison term, he will be under the supervision of the United States Probation Office for life.

 

In his guilty plea earlier this year, Fosson admitted that, in August 2016, he produced sexually explicit images of a minor female, who was in his custody and care.  He sent those images to a Pennsylvania man, who in turn sent sexually explicit images of another minor female to Fosson.

 

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

LEXINGTON, Ky. – A Wallingford, Ky. woman was indicted today for engaging in crop insurance fraud.

           

A federal grand jury in Lexington returned an indictment charging 62-year-old Debra Muse with one count of conspiring to violate federal law and 27 counts of making false statements to influence the Federal Crop Insurance Corporation (“FCIC”) and companies the FCIC reinsures.

           

The indictment alleges that Muse, a crop insurance agent that contracted with Rural Community Insurance Services (“RCIS”), agreed with tobacco farmers to make false statements and reports to the FCIC and companies the FCIC reinsures, in order to submit false claims for crop insurance indemnity payments.  These false documents included false sales bills from Clays Tobacco Warehouse, where Muse also worked seasonally, and falsified tobacco grading reports.  According to the indictment, for crop year 2014, the FCIC, through RCIS, paid out nearly $170,000 in indemnity payments to Muse’s clients, as a result of these false claims for crop damage that her clients’ tobacco crop did not suffer in the way reported to the United States Department of Agriculture.

 

Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Karen Citizen-Wilcox, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; Tracey D. Montano, Special Agent in Charge, Internal Revenue Service-Criminal Investigations; and Dwayne Depp, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the indictment.

 

The investigation preceding the indictment was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigations, and Kentucky Department of Insurance.  The indictment was presented to the grand jury by Assistant U.S. Attorneys Kathryn M. Anderson and Erin M. Roth. 

 

A date for Muse to appear in court has not yet been scheduled.  For the conspiracy charge, Muse faces up to 5 years in prison and a fine of $250,000.  For each charge of making false statements to the FCIC, she faces up to 30 years in prison and a fine of $1,000,000.  However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal statutes. 

 

            Any 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.