Eastern District of Kentucky

LONDON, Ky. – A Harrodsburg, Ky., man, Aristotle White, was sentenced on Monday, by U.S. District Judge Robert Wier, to 181 months in prison, for possession with the intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of that drug trafficking offense.

White was convicted of the charges after a two-day trial in November 2023.  According to evidence presented at trial, on May 11, 2022, officers with the Johnson County Sheriff’s Department conducted a traffic stop on a vehicle that was being driven by White.  During the search of the vehicle, law enforcement located nearly 300 grams of methamphetamine, two loaded firearms, and over $2,500 in United States currency.  Witness testimony revealed White to be regularly obtaining large quantities of methamphetamine and importing it into, among other places, Johnson County.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Erek Davodowich, Acting Special Agent in Charge of the DEA Louisville Field Division; Sheriff Scott Hazelette, Johnson County Sheriff’s Department; and Sheriff William Meade, Magoffin County Sheriff’s Department, jointly announce the sentencing.

The investigation was conducted by the DEA, Johnson County Sheriff’s Office, Magoffin County Sheriff’s Office, and Operation UNITE.  Assistant U.S. Attorney Drew Trimble is prosecuting the case on behalf of the United States.

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

— END —

LEXINGTON, Ky.— In a federal indictment, returned on March 21, 2024 and unsealed Thursday, Natividad Aguilera Garcia, 37, of Shelbyville, Ky., was charged with one count of production of child pornography, one count of receipt of child pornography, one count of online enticement of a minor to engage in prohibited sexual activity, one count of transportation of a minor to engage in prohibited sexual activity, one count of encouraging illegal entry, one count of making a false statement to a federal agency, and one count of presenting a false document to a federal agency.

The indictment alleges that, beginning on May 1, 2021, Garcia enticed a minor (“Minor A”) to engage in prohibited sexual activity, produced and received sexually explicit visual depictions of Minor A, and transported Minor A in interstate or foreign commerce for the purpose of prohibited sexual activity.  The indictment further alleges that Garcia induced three aliens, including Minor A, to illegally enter the United States.  Following Minor A’s illegal entry, the indictment alleges that Garcia made false statements and used false documents in an application to the Office of Refugee Resettlement (“ORR”), the subdivision of Health and Human Services that oversees the care of unaccompanied migrant children, claiming that he was Minor A’s uncle, knowing that he was not.  

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Homeland Security Investigations, Nashville Field Office; Jason E. Meadows, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Dallas Regional Office; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police; and Chief Bruce Gentry, Shelbyville Police Department, jointly announced the indictment.

The investigation preceding the indictment was conducted by HSI, HHS-OIG, Kentucky State Police, and Shelbyville Police Department.  The indictment was presented to the grand jury by Assistant U.S. Attorney Mary Melton. 

Garcia appeared in federal court for his arraignment on Monday.  For the production charge, he faces a minimum of 15 years in prison and a maximum of 30 years.  However, any sentence following a conviction would be imposed by the Court, after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

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

— END —

LEXINGTON, Ky. – A Lexington man, Chase Russell Downey, 36, was sentenced on Friday, by Chief U.S. District Judge Danny Reeves, to 47 years in prison, for drug trafficking and firearms offenses.

Following a jury trial in October 2023, Downey was convicted of conspiracy to distribute and to possess with intent to distribute more than 5 kilograms of cocaine, possession with intent to distribute more than 500 grams of cocaine, possession of firearms by a convicted felon, conspiracy to commit money laundering, and possession of firearms in furtherance of drug trafficking.

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

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

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI Louisville Field Office; Erek Davodowich, Acting Special Agent in Charge, DEA Louisville Field Division; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police (KSP); and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentencing.

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

— END —

COVINGTON, Ky. – A Columbus, Ind. man, Raymond Anderson, 40, was sentenced last week, by U.S. District Court Judge David Bunning, to 132 months in prison, for his part in a drug trafficking conspiracy involving over 5,000 fentanyl pills that were pressed to appear as oxycodone pills.

According to his plea agreement, between June 5 and June 8, 2023, Raymond Anderson conspired with Dominic Anderson, his cousin and co-defendant, and others to possess with intent to distribute over 400 grams of a mixture of substance containing fentanyl.  On June 7, 2023, the United States Postal Inspection Service (USPIS) intercepted a package that contained over 5,000 fentanyl pills before it could be delivered to a residence in Erlanger.  The next day law enforcement conducted a controlled delivery of the package to that residence.  David Bradford, another co-defendant, and Dominic Anderson were arrested after each attempted to take possession of the package.  Evidence revealed that Raymond Anderson had also been conspiring with Dominic Anderson, and others, to receive the package for subsequent distribution of the drugs inside. 

Dominic Anderson was previously sentenced to 170 months in prison.  Bradford was previously sentenced to 60 months.

Under federal law, Bradford and each of the Andersons must serve 85 percent of their prison sentences.  Upon their release from prison, the Andersons will each be under the supervision of the U.S. Probation Office for five years.  Bradford will be supervised for six years.

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

The Investigation was conducted by the USPIS, NKDSF, and DEA.  Assistant United States Attorney Andrew Spievack is prosecuting the case on behalf of the United States.

— END —

COVINGTON, Ky. – A Bronx, N.Y., man, John Sapienza, 60, was sentenced on Tuesday, by U.S. District Judge David Bunning, to 38 months in prison, for aggravated identity theft and attempted bank fraud.  

According to his plea agreement, from January 6 through January 11, 2023, Sapienza and Tyshawn Wilson, his co-defendant, travelled to multiple bank locations between New York and Kentucky, attempting to withdraw money from customer accounts.  They used counterfeit identifications that bore Sapienza’s photograph, but with the identifying information of the account holder.  Wilson aided and abetted Sapienza by driving him to and from bank locations to execute the identity theft and fraud scheme.  On January 11, 2023, Sapienza and Wilson were arrested by officers with the Fort Thomas Police Department, after attempting to execute the scheme at multiple bank locations within the Eastern District of Kentucky.

Wilson was sentenced on March 14, 2023 and he received 44 months in prison.

Under federal law, Sapienza and Wilson must serve 85 percent of their prison sentences.  Upon their release from prison, they will each be under the supervision of the U.S. Probation Office for three years.

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

The investigation was conducted by the FBI and the Fort Thomas Police Department. Assistant U.S. Attorney Andrew Spievack is prosecuting the case on behalf of the United States.

— END —

FRANKFORT, Ky. – A Lexington, Ky., man, Jair Cisneros-Gomez, 25, was sentenced on Tuesday, by U.S. District Judge Gregory VanTatenhove, to 30 years in prison, for production of child pornography.  

According to his plea agreement, on February 14, 2023, a witness contacted law enforcement after discovering videos of Cisneros-Gomez sexually abusing a minor victim. Cisneros-Gomez admitted to law enforcement that he sexually abused the minor and he produced videos of the sexual abuse on his cellphone.

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

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

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

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

— END —

LEXINGTON, Ky. – A Lexington man Marcus Perry Green, 35, was sentenced on Thursday, by U.S. District Judge Karen Caldwell, to 12 years in prison, for possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm by a convicted felon.

According to his plea agreement, on July 19, 2021, law enforcement conducted a traffic stop on a vehicle operated by Green.  During the stop, a K9 unit alerted to the odor of controlled substances; and upon searching the vehicle, officers found approximately 252 grams of fentanyl and $17,100 in cash.  When arrested, Green had a pistol, with a full magazine.  Green admitted he had previously been convicted of a serious drug felony and he was not permitted to possess a firearm.

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

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

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

— END —

LEXINGTON, Ky. – A Lexington man, Dakota Douglas Himes, 27, was sentenced on Monday, by U.S. District Judge Gregory Van Tatenhove, to 18 years in prison, for attempted production of child pornography.  

According to his plea agreement, from February 23 to February 27, 2019, Himes engaged in online chats with a New Jersey man who had a toddler son.  In the chats, the New Jersey man talked about abusing the toddler and discussed his preferred method of sharing sexually explicit imagery of the toddler, prompting Himes to ask if he could see “live” sexually explicit images of the toddler.  Although the New Jersey man did not create new images in response to Himes’s request, he sent Himes an image of the toddler’s genitals that had been taken earlier in the day.  In his guilty plea, Himes admitted that he attempted to receive sexually explicit images of a minor via the Internet and had previously received sexually explicit images of the minor via the Internet.

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

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

The investigation was conducted by the FBI, with computer-forensic assistance from the Kentucky Attorney General’s Office.  Assistant U.S. Attorney Mary Melton is prosecuting the case on behalf of the United States.

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

— END —

FRANKFORT, Ky. – A Boaz, Ala. man, Jeremy Clay Guthrie, 45, has been sentenced to 27 months in federal prison, by U.S. District Judge Gregory Van Tatenhove, for wire fraud and aiding and assisting in the preparation of false tax returns.

According to his guilty plea agreement, Guthrie was employed as the manager of the Frankfort, Ky. branch of a privately owned aviary supply business, until he was fired on September 27, 2017.  During his last two years as a manager, he stole over $550,000 from his employer and customers, by charging customer credit and debit cards for products but

diverting payment for those products to his own personal company, Guthrie’s Naturals.  He also altered the pay-to lines on checks from customers and routinely offered customers unauthorized discounts in exchange for cash payments, embezzling much of the cash he received.  Guthrie also created false pick tickets for sales to customers of his employer’s products, concealed those sales from his employer, and pocketed the proceeds.

The Defendant also failed to disclose all the income he received from this fraudulent scheme to his tax preparer or the IRS, for tax years 2016 and 2017.  Ultimately, Guthrie agreed that he underreported his income by $325,543and admitted that he intentionally concealed a significant portion of his company sales and other unlawfully obtained proceeds and spent proceeds from unreported sales and cash transactions, in part, to fund a drug addiction.  At sentencing, the Court found that the criminal loss caused by Guthrie’s crimes was between $550,000 and $1,500,000.  An order of restitution to the victims remains pending.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Karen Wingerd, Acting Special Agent in Charge, Cincinnati Field Office, IRS-Criminal Investigation; Robert Holman, Special Agent in Charge, United States Secret Service; and Chris Quire, Franklin County Sheriff, jointly announced the sentence.

The federal investigation was conducted by IRS-CI, USSS, and Franklin County Sheriff’s Office.  The United States was represented by Assistant United States Attorney Tashena A. Fannin.

– END –

LEXINGTON, Ky. – A Richmond, Ky., man Kris Allen Anglin, 36, was sentenced on Friday, by Chief U.S. District Judge Danny Reeves, to 262 months in prison, for conspiracy to distribute 500 grams or more of methamphetamine and fentanyl; distribution of fentanyl, that resulted in death; and possession of a firearm by a convicted felon.  He is the second defendant convicted for his role in the drug conspiracy and overdose death.  Gregory Scott Sizemore, 36, of McKee, Ky., was previously sentenced to 389 months.  

According to his plea agreement, from December 2020 until January 2021, Anglin conspired with Sizemore to distribute quantities of methamphetamine and fentanyl, in Madison County. On January 11, 2021, a victim fatally overdosed due to the ingestion of fentanyl distributed by Anglin and Sizemore. Specifically, law enforcement discovered that Sizemore had agreed to distribute a fentanyl-methamphetamine mixture to the victim, at his request. Electronic communications located on the victim’s phone confirmed that the substance being provided was a mixture of methamphetamine and fentanyl, that the victim had funds to buy it (by texting a photograph of the purchase money to Sizemore), that Anglin would deliver the drug on Sizemore’s behalf, and that the transaction had taken place.  Approximately four hours later, the victim was found deceased.

Within a few hours of the victim being found, law enforcement located Anglin, with three baggies containing fentanyl, cocaine, and/or methamphetamine, as well as the $20 bill used by the victim to purchase the methamphetamine-fentanyl mixture. Law enforcement also found U.S. currency, three digital scales, baggies, other drug trafficking paraphernalia, and three firearms. Anglin admitted he had multiple prior felony convictions, including convictions for Possession of a Controlled Substance First Degree, and was prohibited from possessing a firearm.  

Sizemore was the supplier for the methamphetamine-fentanyl mixture that caused the overdose death. After the victim was found deceased, law enforcement obtained a search warrant for a hotel room occupied by Sizemore. There, officers located 380 grams of methamphetamine in a duffel bag. At his arrest, Sizemore had an additional 368 grams of methamphetamine and 3 grams of fentanyl.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Erek Davodowich, Acting Special Agent in Charge, DEA, Louisville Field Division; Sheriff Mike Coyle, Madison County Sheriff’s Office, and Chief Rodney Richardson, Richmond Police Department, jointly announced the sentences.

The investigation was conducted by the DEA, the Madison County Sheriff’s Department, and the Richmond Police Department. Assistant U.S. Attorney Todd Bradbury is prosecuting the case on behalf of the United States.

— END —

LEXINGTON, Ky. – A Lexington man Davon S. Tooley, 37, was sentenced on Friday, by Chief U.S. District Judge Danny C. Reeves, to 145 months in prison, for two counts of possession of a firearm by a convicted felon.

According to his plea agreement, on April 28, 2022, law enforcement officers were dispatched to a vehicle collision.  Upon arrival, officers discovered that one of the drivers, later identified as Davon Tooley, had fled the scene.  There, officers located a quantity of cocaine, marijuana, and a firearm. Tooley was later located and apprehended. A few months later, on July 7, 2023, law enforcement conducted a traffic stop on a vehicle driven by Tooley.  While speaking with Tooley, officers observed a firearm at Tooley’s feet. The firearm was seized. Tooley has admitted that on both occasions he was in possession of a firearm, knowing that he was a convicted felon and prohibited from possessing firearms.

Tooley has previous convictions for Manslaughter Second Degree and Tampering with Physical Evidence from 2010, in Jefferson Circuit Court.  Tooley was on parole at the time of both new offenses.

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

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

The investigation was conducted by the ATF and Lexington Police Department.  Assistant U.S. Attorney Cynthia Rieker is prosecuting the case on behalf of the United States.

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

— END —

LEXINGTON, Ky. – Two Lexington residents, Kelly Harris, 64, and Neal Harris, 57, were found guilty on Thursday, by a federal jury sitting in Lexington, following a four-day trial, of eight counts of wire fraud, for obtaining Economic Injury Disaster Loans loans under false pretenses.         

According to the evidence at trial, from May 5, 2020 through July 25, 2020, the Harrises submitted materially false applications to the Small Business Administration (SBA), to obtain Economic Injury Disaster Loans (EIDL), for five businesses they claimed were impacted by the COVID-19 pandemic.  They obtained $357,600 in disaster relief funds from the SBA for three of the businesses.  A local bank detected the fraud in August 2020 and returned the funds remaining in the business accounts.

“The pandemic had a destructive effect on countless businesses, which prompted Congress to appropriate public funds to help them stay open,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “When such funds get dissipated through fraud, that has two results:  a theft of public funds and a shortcoming in the funds available to help those businesses who were supposed to receive it.  The diligence and dedication of the bank and our law enforcement partners realized this result, and will hold these defendants accountable for their disgraceful conduct.”      

United States Attorney Shier; Lesley Allison, Special Agent in Charge, United States Postal Inspection Service, Pittsburgh Field Division; and Kelly K. Moening, Special Agent in Charge, Treasury Inspector General for Tax Administration, Great Lakes Field Division, jointly announced the jury’s verdict.

The investigation was conducted by the USPIS and Treasury Inspector General for Tax Administration. This case is being prosecuted on behalf of the United States by Assistant U.S. Attorney Kate Smith.

The Harrises are scheduled to appear for sentencing on July 1, 2024.  They each face up to 20 years in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence. The Harris’ also face potential fines, a forfeiture money judgment, and a judgment of restitution, as ordered by the Court.

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

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

— END —

PIKEVILLE, Ky. – A former Federal Bureau of Prisons (FBOP) lieutenant, Ryan O. Elliott, 47, was sentenced today to one year and one day in prison and one year of supervised release after pleading guilty to assaulting one inmate and writing a false report about the assault of a second inmate in an unrelated incident.

Two other former corrections officers at U.S. Penitentiary Big Sandy in Kentucky – Samuel Patrick, 41, and Clinton Pauley, 42 – previously pleaded guilty to related offenses and were sentenced to 36 and 40 months in prison, respectively. Another prison official, former Lieutenant Kevin Pearce, 39, was convicted of related offenses after a six-day trial and was sentenced to 66 months in prison.

“While he was a lieutenant in a federal prison, this defendant violently assaulted an inmate and then worked with other officers to cover up the assault of a second inmate,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Supervisors should lead by example — not abuse their authority by using excessive force against inmates entrusted to their care and by helping colleagues conceal misconduct. The Justice Department will vigorously pursue law enforcement officers at the local, state or federal level who commit, condone or enable violations of constitutional rights.”

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

“Rather than perform his supervisory responsibilities and ensure that FBOP staff complied with the law, former Lieutenant Elliot joined with other FBOP staff to assault an inmate and to lie about a separate FBOP staff assault of an inmate,” said Special Agent in Charge William J. Hannah of the Justice Department’s Office of the Inspector General (DOJ-OIG) Midwest Region. “Today’s sentencing sends an important message to FBOP supervisors that they will be held to account for such egregious acts.”

According to court documents and evidence introduced at the trial of Pearce, Elliott, who at that time held the rank of lieutenant, joined Pauley and other officers in assaulting one inmate and, in a separate incident, wrote false reports about the assault of another inmate. On March 26, 2021, Elliott was present when an inmate was taken to a room with no cameras following a non-violent violation of prison rules. When another officer began to assault the inmate, Elliott assisted by tackling the inmate to the ground and punching him in the body. Elliott continued to assault the inmate, and Pauley joined. On or about April 30, 2021, Elliott was asked by Pearce to help cover up an assault against another inmate who had been beaten by Pauley and Patrick. Elliott, who had not been present for that assault, agreed to help Pearce cover up the assault by writing a false report claiming that he had been there and had seen no assault.

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

Trial Attorneys Thomas Johnson and Tara Allison of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky prosecuted the case. 

— END —

A former Federal Bureau of Prisons (FBOP) lieutenant, Ryan O. Elliott, 47, was sentenced today to one year and one day in prison and one year of supervised release after pleading guilty to assaulting one inmate and writing a false report about the assault of a second inmate in an unrelated incident. 

Two other former corrections officers at U.S. Penitentiary Big Sandy in Kentucky – Samuel Patrick, 41, and Clinton Pauley, 42 – previously pleaded guilty to related offenses and were sentenced to 36 and 40 months in prison, respectively. Another prison official, former Lieutenant Kevin Pearce, 39, was convicted of related offenses after a six-day trial and was sentenced to 66 months in prison.

“While he was a lieutenant in a federal prison, this defendant violently assaulted an inmate and then worked with other officers to cover up the assault of a second inmate,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Supervisors should lead by example — not abuse their authority by using excessive force against inmates entrusted to their care and by helping colleagues conceal misconduct. The Justice Department will vigorously pursue law enforcement officers at the local, state or federal level who commit, condone or enable violations of constitutional rights.”

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

“Rather than perform his supervisory responsibilities and ensure that FBOP staff complied with the law, former Lieutenant Elliot joined with other FBOP staff to assault an inmate and to lie about a separate FBOP staff assault of an inmate,” said Special Agent in Charge William J. Hannah of the Justice Department’s Office of the Inspector General (DOJ-OIG) Midwest Region. “Today’s sentencing sends an important message to FBOP supervisors that they will be held to account for such egregious acts.”

“Our commitment to protecting citizens’ civil rights does not end at the gates of a prison. There is simply no place in our justice system for law enforcement officers, especially supervisors, who are willing to assault those under their protection and then cover up their misdeeds,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “Our society trusts law enforcement to provide equal protection for the incarcerated. Breaching that trust has consequences, and FBI Louisville and its partners will work to hold those accountable who choose to abuse the power afforded them.”

According to court documents and evidence introduced at the trial of Pearce, Elliott, who at that time held the rank of lieutenant, joined Pauley and other officers in assaulting one inmate and, in a separate incident, wrote false reports about the assault of another inmate. On March 26, 2021, Elliott was present when an inmate was taken to a room with no cameras following a non-violent violation of prison rules. When another officer began to assault the inmate, Elliott assisted by tackling the inmate to the ground and punching him in the body. Elliott continued to assault the inmate, and Pauley joined. On or about April 30, 2021, Elliott was asked by Pearce to help cover up an assault against another inmate who had been beaten by Pauley and Patrick. Elliott, who had not been present for that assault, agreed to help Pearce cover up the assault by writing a false report claiming that he had been there and had seen no assault.

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

Trial Attorneys Thomas Johnson and Tara Allison of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky prosecuted the case.  

LEXINGTON, Ky. – Six former officers of the Eastern Kentucky Correctional Complex (EKCC) were sentenced on Monday for their roles in the assault of an inmate and the subsequent cover-up. 

Three officers who carried out the assault on the inmate and covered it up — Randall Dennis, 28, James Benish, 37, and Jeffery Havens, 28 — were sentenced to 60, 27 and 15 months in prison, respectively, followed by two years of supervised release each. A supervisor and two other officers who covered up the assault — Randy Nickell, 55, Nathan Cantrell, 33, and Derek Mays, 34 — were each sentenced to one month in prison, followed by two years of supervised release, with Nickell and Cantrell sentenced to five additional months of home confinement. All six officers pleaded guilty, and three of the officers testified against a seventh co-defendant, Eric Nantell, who was found guilty at a trial earlier this year.

“These former corrections officers are being sentenced to prison for their roles in the violent assault of a handcuffed inmate in a prison shower cell, and their attempt to cover-up the crime,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These sentences should send a clear message: corrections officers are not above the law in our country. The Justice Department will continue to enforce federal laws to protect the civil and constitutional rights of people held in our jails and prisons.”

“These individuals were responsible for the custody and care of inmates; instead, they chose to assault them, and lie to cover up the abuse,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “Their conduct was a profound breach of the trust placed in them, a brazen disregard for safety of people in their care and a disgraceful effort to conceal their crime. Fortunately, they now face the consequences of this inexcusable conduct.”

“When several officers took part in beating an inmate who was unable to defend himself, a blatant violation of the individual’s civil rights occurred. But the injustice did not stop there as evidence of a cover-up also emerged,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “As in this case, FBI personnel will always take allegations of police misconduct seriously and will leave no stone unturned when it comes to identifying perpetrators who violate federal law.”

The evidence at trial established that Dennis and Benish, both of whom were members of EKCC’s internal affairs department, assaulted a non-violent inmate who was lying face-down, wearing handcuffs and leg shackles and isolated in a prison shower cell. Havens, an entry-level officer, joined them in the assault.

Within hours of the inmate reporting the abuse, supervisors of EKCC and state detectives of the Kentucky State Police opened an investigation. Nickell, Cantrell and Mays, who were standing in the hallway outside the door of the shower when the assault began, joined the other officers in a cover-up scheme. As part of that cover-up, they wrote false reports and lied to state investigators.

The one defendant who did not plead guilty was recently convicted at trial in a related case. On Feb. 15, former Corrections Sergeant Nantell was convicted of one count of deprivation of civil rights for failing to intervene to protect the inmate and three counts of obstruction for lying to state and federal investigators. Nantell’s sentencing hearing is scheduled for June 10. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Louisville Field Office investigated the case.

Trial Attorney Thomas Johnson of the Justice Department’s Civil Rights Division and Assistant U.S. Attorneys Zachary Dembo and Mary Melton for the Eastern District of Kentucky prosecuted the case.

— END —

Six former officers of the Eastern Kentucky Correctional Complex (EKCC) were sentenced today for their roles in the assault of an inmate and the subsequent cover-up.  

Three officers who carried out the assault on the inmate and covered it up — Randall Dennis, 28, James Benish, 37, and Jeffery Havens, 28 — were sentenced to 60, 27 and 15 months in prison, respectively, followed by two years of supervised release each. A supervisor and two other officers who covered up the assault — Randy Nickell, 55, Nathan Cantrell, 33, and Derek Mays, 34 — were each sentenced to one month in prison, followed by two years of supervised release, with Nickell and Cantrell sentenced to five additional months of home confinement. All six officers pleaded guilty, and three of the officers testified against a seventh co-defendant, Eric Nantell, who was found guilty at a trial earlier this year. 

“These former corrections officers are being sentenced to prison for their roles in the violent assault of a handcuffed inmate in a prison shower cell, and their attempt to cover-up the crime,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These sentences should send a clear message: corrections officers are not above the law in our country. The Justice Department will continue to enforce federal laws to protect the civil and constitutional rights of people held in our jails and prisons.”

“These individuals were responsible for the custody and care of inmates; instead, they chose to assault them, and lie to cover up the abuse,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “Their conduct was a profound breach of the trust placed in them, a brazen disregard for safety of people in their care and a disgraceful effort to conceal their crime. Fortunately, they now face the consequences of this inexcusable conduct.”

“When several officers took part in beating an inmate who was unable to defend himself, a blatant violation of the individual’s civil rights occurred. But the injustice did not stop there as evidence of a cover-up also emerged,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “As in this case, FBI personnel will always take allegations of police misconduct seriously and will leave no stone unturned when it comes to identifying perpetrators who violate federal law.”

The evidence at trial established that Dennis and Benish, both of whom were members of EKCC’s internal affairs department, assaulted a non-violent inmate who was lying face-down, wearing handcuffs and leg shackles and isolated in a prison shower cell. Havens, an entry-level officer, joined them in the assault. 

Within hours of the inmate reporting the abuse, supervisors of EKCC and state detectives of the Kentucky State Police opened an investigation. Nickell, Cantrell and Mays, who were standing in the hallway outside the door of the shower when the assault began, joined the other officers in a cover-up scheme. As part of that cover-up, they wrote false reports and lied to state investigators. 

The one defendant who did not plead guilty was recently convicted at trial in a related case. On Feb. 15, former Corrections Sergeant Nantell was convicted of one count of deprivation of civil rights for failing to intervene to protect the inmate and three counts of obstruction for lying to state and federal investigators. Nantell’s sentencing hearing is scheduled for June 10. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Louisville Field Office investigated the case.

Trial Attorney Thomas Johnson of the Justice Department’s Civil Rights Division and Assistant U.S. Attorneys Zachary Dembo and Mary Melton for the Eastern District of Kentucky prosecuted the case.

FRANKFORT, Ky. – A Lexington man, Rollie Deshawn Lamar, 30, has been convicted by a federal grand jury sitting in Frankfort, of one count of conspiracy to distribute 1,000 kilograms or more of marijuana, money laundering, possession of a firearm in furtherance of drug trafficking, and distribution of marijuana.  

According to evidence presented at trial, beginning in late 2021, law enforcement began an investigation of Lamar and others.  The investigation revealed that an individual working for Lamar traveled to Detroit, once or twice a week, and brought back approximately 50 pounds of high-quality marijuana on each trip.  Lamar sold this marijuana, by the pound, in the Lexington area.  In March 2022, the Kentucky State Police joined the investigation and made at least one vehicle stop yielding a large quantity of high-quality marijuana.

On April 6, 2022, a search warrant was executed at Lamar’s residence, where law enforcement seized over $1.86 million in drug proceeds, four expensive vehicles that were drug proceeds, several firearms, and approximately $220,00 in jewelry that was drug proceeds.  That same day, law enforcement stopped another vehicle, which led to the seizure of approximately $27,000 in additional drug proceeds.  Yet another vehicle stop occurred after Lamar had been indicted, which produced an additional seizure of approximately $11,000 in drug proceeds and $10,000 in jewelry purchased with drug proceeds. 

The total value of items seized by law enforcement is more than $2 million.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Erek Davodowich, Acting Special Agent in Charge, DEA, Louisville Field Division; Orville O. Greene, Special Agent in Charge, DEA, Detroit Field Division; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police; Chief Lawrence Weathers, Lexington Police Department; and Chief Dustin Bowman, Frankfort Police Department, jointly announced the verdict.

The case was investigated by the DEA, ATF, KSP, Lexington Police Department, and Frankfort Police Department.

Lamar is scheduled to appear for sentencing on June 24.  He faces a minimum of 15 years in prison.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing its sentence. 

The United States was represented in the case by Assistant U.S. Attorney Roger West.   

– END –

LEXINGTON, Ky. – A federal jury in Lexington, Kentucky, on Monday found former Boyle County, Kentucky, Sheriff’s Deputy Tanner Abbott, 31, guilty of criminal civil rights violations and obstruction of justice.                                                                                                                         

Evidence at trial proved that, during the first four months of 2021, Abbott willfully violated the civil rights of four people by using excessive force while arresting them, and obstructed justice by writing and directing another to write false reports to cover up his violations.

“We’re grateful to this jury of Kentucky citizens who held an officer accountable for repeatedly and violently brutalizing people he was arresting, even though they were not resisting arrest and did not pose a threat,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This prosecution makes clear our commitment to confronting law enforcement criminality from the bottom to the top. The Justice Department will continue to investigate and prosecute law enforcement officers who abuse their authority and violate their public trust by preying upon those they are sworn to protect.”

“This case is a disgraceful example of betrayal of trust, a profound violation of the rights of others, and a danger to our communities,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “When those charged with enforcing the law and protecting the public turn to violating the rights of others and trying to cover it up, that does real damage. It not only injures victims, but also undermines the hard work and true dedication of so many in law enforcement. The defendant will now face the consequences of such a grave betrayal of the public trust.

“Law enforcement officers are given a gun, a badge and an incredible amount of power when it comes to protecting the communities they serve,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “Therefore, when the FBI learns of allegations of color of law violations, they are taken seriously and investigated rigorously. Through our thorough investigation of former Sheriff Deputy Abbott, and re-enforced by the jury’s guilty findings, it was found that on more than one occasion, he clearly abused his power and deprived individuals of their civil rights. Seeking justice for victims of police misconduct continues to be of the upmost importance to the FBI.”

According to evidence presented at trial, on Jan. 20, 2021, Abbott conducted a traffic stop on two young men driving to a restaurant in Danville, Kentucky. When the driver requested to speak with the defendant’s supervisor, Abbott punched him in the face, pulled him out of the car and struck him several more times as he lay on the ground, not resisting arrest or posing any threat. When the passenger, the driver’s brother, stepped out of the car and pleaded with Abbott to stop the beating, the defendant struck him in the face with an elbow, breaking his glasses.

On Feb. 2, 2021, Abbott was involved in another traffic stop during which the passenger of the stopped vehicle was arrested. While the passenger was being handcuffed, the defendant suddenly and without justification punched him in the face, although the passenger’s actions posed no threat to the defendant at the time. The defendant then conspired with another officer to write a report in which the other officer falsely alleged that the victim had advanced aggressively toward Abbott before being punched.

On March 31, 2021, the defendant went to a hotel in Harrodsburg, Kentucky, intending to search the room of a guest. He obtained a key to the room he wished to search by falsely representing to hotel staff that he had a search warrant, then used the key to force his way into the room, over the guest’s objection. Once inside, without consent or other lawful authority, he conducted an intrusive search of the guest’s personal property. Abbott then wrote a false report in which he claimed the guest had consented to the search.

On April 28, 2021, the defendant arrested a driver who had failed to pull over when the defendant attempted to conduct a traffic stop of his car. After the chase ended and the driver had been arrested and handcuffed, Abbott approached the driver and punched him in the face, although he was not resisting arrest and posed no threat to the defendant or anyone else.

The jury convicted Abbott of four counts of deprivation of rights under color of law, one count of conspiracy, and one count of falsification of records within federal jurisdiction. Abbott was also found not guilty of one count of deprivation of rights under color of law. A sentencing here is scheduled for June 7, at 10:00 AM in Lexington.

The FBI Louisville Field Office investigated the case.

Trial Attorney Alec Ward of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky are prosecuting the case.

— END —

LEXINGTON, Ky. – A Mexican National, residing in Lexington, Renaldo Villa Gomez, 38, was sentenced on Monday, to 25 years in federal prison, by U.S. District Judge Karen Caldwell, for conspiracy to distribute 50 grams or more of methamphetamine, possession with intent to distribute 50 grams of more of methamphetamine, unlawful re-entry into the United States after a prior deportation, and possession of a firearm by a convicted felon.

According to his plea agreement, following surveillance, law enforcement conducted searches of a vehicle and multiple residences in in Fayette County affiliated with the conspiracy.  In all, law enforcement seized 23.7 kilograms (52 pounds) of crystal methamphetamine, 1.7 kilos of cocaine, six semi-automatic firearms, ammunition, ammunition magazines, and more than $91,000 in drug proceeds.

Gomez admitted to the possession of the drugs, firearms, and cash proceeds.  Gomez further admitted that he was born in Mexico and has been deported several times, including in April 2004, August 2009, October 2015, and August 2017.  Gomez has also been convicted of two prior drug felony offenses and four prior illegal reentry convictions.

Under federal law, Gomez must serve 85 percent of his prison sentence.  Upon competition his prison sentence, he will be under the supervision of the U.S. Probation Office for five years.  He will also be processed for deportation.  

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Erek Davodowich, Acting Special Agent in Charge, DEA, Louisville Field Division; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; LaDeon Francis, Director, Department of Homeland Security, ICE-ERO (Enforcement and Removal Operations) Chicago Field Office; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence.

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

— END —

A federal jury in Lexington, Kentucky, yesterday found former Boyle County, Kentucky, Sheriff’s Deputy Tanner Abbott, 31, guilty of criminal civil rights violations and obstruction of justice.

Evidence at trial proved that, during the first four months of 2021, Abbott willfully violated the civil rights of four people by using excessive force while arresting them, and obstructed justice by writing and directing another to write false reports to cover up his violations.

“We’re grateful to this jury of Kentucky citizens who held an officer accountable for repeatedly and violently brutalizing people he was arresting, even though they were not resisting arrest and did not pose a threat,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This prosecution makes clear our commitment to confronting law enforcement criminality from the bottom to the top. The Justice Department will continue to investigate and prosecute law enforcement officers who abuse their authority and violate their public trust by preying upon those they are sworn to protect.”

“This case is a disgraceful example of betrayal of trust, a profound violation of the rights of others, and a danger to our communities,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “When those charged with enforcing the law and protecting the public turn to violating the rights of others and trying to cover it up, that does real damage. It not only injures victims, but also undermines the hard work and true dedication of so many in law enforcement. The defendant will now face the consequences of such a grave betrayal of the public trust.”

“Law enforcement officers are given a gun, a badge and an incredible amount of power when it comes to protecting the communities they serve,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “Therefore, when the FBI learns of allegations of color of law violations, they are taken seriously and investigated rigorously. Through our thorough investigation of former Sheriff Deputy Abbott, and re-enforced by the jury’s guilty findings, it was found that on more than one occasion, he clearly abused his power and deprived individuals of their civil rights. Seeking justice for victims of police misconduct continues to be of the upmost importance to the FBI.”

According to evidence presented at trial, on Jan. 20, 2021, Abbott conducted a traffic stop on two young men driving to a restaurant in Danville, Kentucky. When the driver requested to speak with the defendant’s supervisor, Abbott punched him in the face, pulled him out of the car and struck him several more times as he lay on the ground, not resisting arrest or posing any threat. When the passenger, the driver’s brother, stepped out of the car and pleaded with Abbott to stop the beating, the defendant struck him in the face with an elbow, breaking his glasses.

On Feb. 2, 2021, Abbott was involved in another traffic stop during which the passenger of the stopped vehicle was arrested. While the passenger was being handcuffed, the defendant suddenly and without justification punched him in the face, although the passenger’s actions posed no threat to the defendant at the time. The defendant then conspired with another officer to write a report in which the other officer falsely alleged that the victim had advanced aggressively toward Abbott before being punched.

On March 31, 2021, the defendant went to a hotel in Harrodsburg, Kentucky, intending to search the room of a guest. He obtained a key to the room he wished to search by falsely representing to hotel staff that he had a search warrant, then used the key to force his way into the room, over the guest’s objection. Once inside, without consent or other lawful authority, he conducted an intrusive search of the guest’s personal property. Abbott then wrote a false report in which he claimed the guest had consented to the search.

On April 28, 2021, the defendant arrested a driver who had failed to pull over when the defendant attempted to conduct a traffic stop of his car. After the chase ended and the driver had been arrested and handcuffed, Abbott approached the driver and punched him in the face, although he was not resisting arrest and posed no threat to the defendant or anyone else.

The jury convicted Abbott of four counts of deprivation of rights under color of law, one count of conspiracy and one count of falsification of records within federal jurisdiction. Abbott was also found not guilty of one count of deprivation of rights under color of law. A sentencing here is scheduled for June 7, at 10:00 AM in Lexington.

The FBI Louisville Field Office investigated the case.

Trial Attorney Alec Ward of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky are prosecuting the case.

COVINGTON, Ky. – The founder of Berenyi, Inc., headquartered in Charleston, S.C., Antoine “Tony” Berenyi, 63, was sentenced on Friday, by U.S. District Judge David Bunning, to 30 months following his convictions for conspiracy to commit honest services wire fraud, wire fraud, and money laundering.

Berenyi was convicted by a federal jury in July 2023.  According to the evidence presented at trial, beginning in late 2017, Berenyi entered into an illegal kickback agreement with Jaymin Vinson, an employee of Nucor Steel Gallatin, to deprive Nucor of both money and Vinson’s honest services as an employee.  Berenyi and Vinson agreed that Vinson would help steer a $14,950,000 construction management contract, for a $650 million Nucor mill expansion project, to Berenyi’s company and provide other services on behalf of Berenyi within Nucor.  This agreement was in exchange for Berenyi paying Vinson a 15% kickback on the contract and was reached without Nucor’s knowledge or approval.  These secret kickback payments continued into 2019, totaling over $452,000 kicked back to Vinson.

In addition to the prison sentence, Berenyi was also ordered to pay a $50,000 fine, $753,625 in restitution, and $396,500 in a money judgement.

Vinson, who has also been convicted, is scheduled to be sentenced on March 14, and he faces up to 20 years in prison.

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

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

The investigation was conducted by the FBI.  Assistant U.S. Attorneys James Chapman and Kyle Winslow are prosecuting the case on behalf of the United States.

— END —

LEXINGTON, Ky. – An Irvine, Ky., woman, Ladonna Susan Riddell, 36, was sentenced on Monday, to 165 months in federal prison, by U.S. District Judge Karen Caldwell, for possession with the intent to distribute 50 grams or more of methamphetamine.

According to her plea agreement, on July 29, 2022, law enforcement responded to report of a suspected drug transaction.  During the investigation, law enforcement located Riddell, discovered she had an active arrest warrant, and took her into custody.  A search of her vehicle uncovered 163.32 grams of methamphetamine, which Riddell admitted she intended to distribute.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Erek Davodowich, Acting Special Agent in Charge, DEA, Louisville Field Division; and Sheriff Chris Flynn, Estill County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by the DEA and Estill County Sheriff’s Office.  Assistant U.S. Attorneys Ron Walker and Brittany Baker are prosecuting the case on behalf of the United States.

— END —

LEXINGTON, Ky. – A Versailles, Ky., man, Bryan Carroll, 46, was sentenced to 180 months in federal prison on Friday, by Chief U.S. District Judge Danny C. Reeves, for possession of a firearm by a convicted felon and for carrying an explosive during the commission of a federal felony offense.

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

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

Carroll admitted that he possessed the firearms and explosives and that he was prohibited from doing so, based on his prior felony conviction, for complicity to traffic a controlled substance in the first degree, in the Woodford Circuit Court, from December 2015.

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

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

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

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

— END —

COVINGTON, Ky. – A Latonia, Ky., man, Marcos A. Garcia, 25, was sentenced on Friday, to 181 months in federal prison, by U.S. District Judge David Bunning, for conspiracy to distribute 10 grams or more of a fentanyl analogue, possession of 10 grams or more of a fentanyl analogue, and possession of a firearm in furtherance of drug trafficking.

According to his plea agreement, from February 1, 2021 through March 1, 2023, Garcia conspired with Kayla Vance, his co-defendant, to distribute controlled substances, including marijuana and more than 10 grams of a fentanyl analogue.  On February 2, 2023, law enforcement used an informant to purchase pressed tablets from Garcia.  Those tablets contained flurofentanyl, a powerful analogue of fentanyl.  After making a second purchase of pressed tablets, on March 1, 2023, law enforcement executed a search warrant on a house shared by Garcia and Vance, where they found a handgun, 67 tablets of fentanyl, a pound of marijuana, other tablets, cash, and 11 uninstalled machinegun conversion devices.

Garcia admitted to law enforcement that he and Vance had been robbed of drugs and money on a prior occasion, so the handgun was for protection of his family and the drugs located in the residence.

Kayla Vance was previously sentenced to 51 months in prison, followed by four years of supervised release.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division, jointly announced the sentences.

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

— END —

COVINGTON, Ky. – A Cincinnati man, Kyle A. Vanderpool, 36, was sentenced on Thursday, to 126 months in federal prison, by U.S. District Judge David Bunning, for possession with the intent to distribute 10 grams or more of LSD.

According to his plea agreement, law enforcement received a report that an identified drug trafficker was traveling to Northern Kentucky to meet a source of supply.  Law enforcement observed the individual meet with Vanderpool on July 26, 2021.  A drug dog alerted for the presence of drugs in Vanderpool’s vehicle.  Law enforcement then searched the car and discovered $26,642 in cash and various controlled substances, including 8100 doses of LSD on blotter paper, over 33 grams of liquid LSD, and 20.6 grams of ketamine.

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

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

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

— END —

LONDON, Ky. – A Cawood, Ky., man, Bethel Stewart, 61, was sentenced on Tuesday, by U.S. District Judge Robert Wier, to 178 months in prison, for possession with intent to distribute 50 grams or more of methamphetamine.   

According to his plea agreement, following community complaints of drug trafficking at Stewart’s residence, and a tip that he was in possession of a large quantity of methamphetamine, law enforcement began surveillance and observed traffic at the residence that was consistent with drug trafficking.  Then, on January 19, 2022, law enforcement searched Stewart’s home, discovering approximately 300 grams of methamphetamine, which Stewart intended to distribute.

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

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

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

— END —

LEXINGTON, Ky. – A Somerset, Ky., man, Johnathan Fitzgerald Cannada, 41, was sentenced on Tuesday, by U.S. District Judge Karen K. Caldwell, to 28 years in prison, for production of child pornography.  

According to his plea agreement, Cannada admitted to having a sexual relationship with a minor, where he persuaded the minor victim to engage in sexually explicit conduct, to produce visual depictions of the conduct.  On at least two occasions, Cannada filmed himself engaging in sexual activity with the minor.  Separately, the minor would also capture sexually explicit depictions of herself, on a device Cannada provided her, and would then send them to him, via Facebook Messenger, at his request.  During the investigation, Cannada also attempted to obstruct justice in several ways, by remotely wiping the victim’s device while it was in police custody, encouraging the victim to delete evidence through Facebook Messenger, and threatening physical violence toward a family member of the victim.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Russell Coleman, Kentucky Attorney General’s Office; and Chief William Hunt, Somerset Police Department, jointly announced the sentence.

The investigation was conducted by FBI, ,Somerset Police Department, and the Kentucky Attorney General’s Office. David Dalton, Commonwealth Attorney for the 28th Judicial Circuit, also provided significant assistance to the investigation and prosecution of the case. Assistant U.S. Attorney Mary Melton is prosecuting the case on behalf of the United States.

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

— END —

LONDON, Ky. – A Kentucky physician, Crystal Compton, D.O., 43, and a nurse, Kayla Lambert, 36, were sentenced on Wednesday, by U.S. District Judge Robert Wier, to 100 months and 60 months in prison, respectively, for conspiracy to illegally prescribe controlled substances and related offenses.           

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

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

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

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

— END —

COVINGTON, Ky. – A Melbourne, Ky., man, Timothy Noble, 35, was sentenced on Wednesday, by Chief U.S. District Judge Danny C. Reeves, to a total of 40 months incarceration, for passing counterfeit money with the intent to defraud.

According to court documents, on April 17, 2022, an individual claiming to be “James Michaels” responded to a post on Facebook Marketplace, which was offering a 2004 Chevrolet Avalanche for sale.  The owner of the vehicle and “James Michaels” agreed on a sale price of $4,700, pending a test drive.  After the test drive, “James Michaels” paid for the vehicle with 47 $100 dollar bills.  The victim later discovered that 41 of the notes were not real, but rather movie prop notes. “James Michaels” was later identified by law enforcement as Noble.

An investigation into Noble continued and showed that, on at least three additional occasions in May 2022, Noble attempted to buy items on Facebook Marketplace using counterfeit money.  When law enforcement apprehended Noble, they found over 400 counterfeit notes, an open Amazon package with a receipt for fake $20 bills inside, as well as several items still in boxes that were believed to be purchased with counterfeit money.   

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Robert Holman, Special Agent in Charge, U.S. Secret Service; and Chief Tom Grau, Florence Police Department, jointly announced the sentence.

The investigation was conducted by U.S. Secret Service and Florence Police Department.  Assistant U.S. Attorney Andrew Spievack is prosecuting the case on behalf of the United States.

— END —

LONDON, Ky. – A Eubank, Ky., man, Floyd Adams, 48, was sentenced on Tuesday, by U.S. District Judge Claria Horn Boom, to 20 years in prison, for receiving child pornography.  

According to his plea agreement, in December 2021, law enforcement began investigating Adams, after he showed up for an internet-arranged meeting with a fictitious 11-year-old girl, at a Somerset movie theatre.  Law enforcement later searched his electronic devices and his residence and found images of child pornography on his devices.  Adams admitted to downloading sexually explicit pictures of minors. 

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

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

The investigation was conducted by FBI and Pulaski County Sheriff’s Office.  Assistant U.S. Attorney Pearce Nesbitt is prosecuting the case on behalf of the United States.

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

— END —

LEXINGTON, Ky. – A Lexington toxicology lab, LabTox, LLC, its owner, Ronald Coburn, 76, and its compliance officer, Erica Baker, 31, agreed to civil judgments totaling $10,458,933 in favor of the United States, holding LabTox, Coburn, and Baker liable for submitting false claims for urine drug testing services to the Medicare and Kentucky Medicaid programs.  The agreed judgments, entered Thursday by Chief U.S. District Court Judge Danny C. Reeves, follow Coburn’s and Baker’s criminal convictions for health care fraud.  In December 2023, Judge Reeves sentenced Coburn to 46 months in prison, and Baker to 6 months in prison, followed by 6 months of home confinement; both are required to report to Bureau of Prisons’ custody today. 

Coburn owned and operated LabTox, LLC, a clinical laboratory that performed urine drug tests and billed them to Medicare and Kentucky Medicaid.  Baker was LabTox’s director of operations and compliance officer.  Both knew that Medicare and Kentucky Medicaid only pay for urine drug tests that are medically necessary.  In his plea agreement, Coburn also admitted knowing that urine drug tests ordered by courts for use in judicial proceedings are not medically necessary, and thus not payable by Medicare or Kentucky Medicaid.  With Coburn’s knowledge and approval, however, Baker recruited a company called Blue Waters Assessment and Testing Services to refer court-ordered urine drug tests to LabTox.  Coburn knew this was not medical testing, but caused LabTox to bill the tests to Medicare and Kentucky Medicaid anyway, resulting in fraudulently-obtained payments of $1,864,429 between June 2019 and March 2021.  Submission of these false claims for court-ordered urine drug tests constituted criminal health care fraud and also violated the False Claims Act, triggering additional civil penalties.  Coburn and LabTox’s agreed civil judgment holds them liable for $5,593,287, because under the False Claims Act, losses to the Medicare and Kentucky Medicaid programs are mandatorily trebled.

Erica Baker’s sentence and False Claims Act judgment resulted from a similar fraud scheme.  According to her plea agreement, she participated in a health care fraud conspiracy with Coburn between January 2019 and January 2021.  Specifically, at Coburn’s direction, Baker solicited urine drug tests from substance abuse recovery programs that did not provide medical treatment—typically faith-based residential programs or homeless shelters.  Baker knew that urine drug tests for these programs’ clients were not performed for any medical reason, as would be required before Medicare or Kentucky Medicaid would pay for the tests.  As part of the scheme, Baker misled sober home directors, and induced the facilities to send LabTox more tests by putting facility staff on LabTox’s payroll and compensating them based on the number of urine drug tests sent to the lab.  Despite knowing that this testing was not for medical purposes, Baker and Coburn agreed to cause LabTox to bill Medicare and Kentucky Medicaid for urine drug tests referred by these non-medical programs, resulting in fraudulently obtained payments of $1,621,882.  Submission of these false claims for medically unnecessary urine drug tests constituted criminal health care fraud and violations of the False Claims Act, triggering additional civil penalties.  Baker and LabTox’s agreed civil judgments hold them liable for $4,865,646, as mandatorily trebled damages.

“Medicare and Medicaid are meant to fund medically necessary health care benefits to millions of eligible Americans,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “When the limited resources of these programs are depleted by fraud, it defeats their purpose and diminishes their viability and effectiveness, deeply affecting us all.  We will continue to do our part to prevent this destructive fraud, and to return these critical funds to their intended purpose.”

“Health care providers who cause the submission of Medicare claims for medically unnecessary services pose a significant risk to the program and the patients who rely on it,” stated Special Agent in Charge Tamala Miles of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “In this case, the two health care executives and LabTox will be excluded from participating in federal health care programs for 19- and 20-years as result of the threat they posed to the integrity of those programs by their desire to enrich themselves. Our agency will continue to work diligently with our law enforcement partners to investigate such health care fraud schemes.”

“This investigation revealed the subjects bilked American taxpayers for years by lining their pockets with millions of dollars of fraudulently obtained funds,” said FBI Louisville Special Agent in Charge Michael E. Stansbury. “This case demonstrates the commitment of the FBI, HHS-OIG, IRS, and the United States Attorney’s Office to rooting out fraud and ensuring the critical healthcare funds go where they are needed most – to the health and welfare of patients.”

The agreed civil judgments resolve a lawsuit brought by a private citizen under the qui tam provisions of the False Claims Act.  Under those provisions, a private party can file a civil action on behalf of the United States, thereby bringing allegations of fraud to the Government’s attention, and share in any financial recovery.  As part of this resolution, the individual who filed the qui tam complaint will receive a portion of the settlement proceeds.  The civil case is captioned United States ex rel. Caitlin Secamiglio v. LabTox, LLC, et al., Case No. 5:20-CV-00305-DCR.

United States Attorney Shier; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Special Agent in Charge Miles; and Karen Wingerd, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation, Cincinnati Field Office, jointly announced the sentences and agreed judgments.

            The investigation was conducted by the FBI, HHS-OIG, IRS, and investigators from the United States Attorney’s Office.  Support was provided by the Kentucky Attorney General’s Office and the West Virginia Attorney General’s Office.  The United States was represented in the criminal case by Assistant U.S. Attorneys Andrea Mattingly-Williams and Paul McCaffrey, and in the civil case by Assistant U.S. Attorney Christine Corndorf.

— END —

After a four-day trial, a federal jury yesterday convicted a former Eastern Kentucky Correctional Complex (EKCC) sergeant, Eric Nantell, on one count of deprivation of civil rights for his failure to intervene to stop the assault of an inmate, two counts of obstruction for misleading state investigators and one count of making false statements to a special agent of the FBI. Six other officers previously pleaded guilty for their roles in the assault and cover-up, and three of those officers testified for the government at trial.

“The jury’s verdict closes the book on an unfortunate chapter at this correctional center,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All seven officers who participated in the brutal assault of an inmate or the coordinated cover-up that followed have now been brought to justice. The Justice Department will continue to hold law enforcement accountable for unlawful behavior that deprives those in our jails and prisons of their civil and constitutional rights.”

“Despite being a supervisor entrusted with the custody and care of others, Nantell stood by while officers beat a man, tried to cover up an investigation and lied to law enforcement,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “This disgraceful conduct not only caused injury to a victim but was an unqualified breach of the public trust and a grave disservice to law enforcement. Holding these officers accountable is an important step in restoring the public trust in law enforcement and protecting the civil rights of everyone.”

“Nantell not only took an oath to protect the inmates who were under his watch, but as a supervisor, he held a position of authority within the prison. By allowing this assault on an inmate to occur and then attempting to cover it up, he blatantly abused his power,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “The FBI will not stand for law enforcement officials who choose to violate the civil rights of those they are sworn to protect and, therefore, will continue to aggressively investigate allegations of wrongdoing and, ultimately, hold the perpetrators accountable.”

The evidence at trial established that the defendant was a supervisory sergeant at the facility when three officers, two of whom were members of the prison’s internal affairs department, assaulted a non-violent inmate who was lying face-down, wearing handcuffs and leg shackles and isolated in a prison shower cell. Nantell was standing at the door of the shower when the assault began, and he watched the officers repeatedly punch and kick the inmate in the head and back. After silently observing the beating for over 20 seconds, Nantell walked away while the officers continued to beat the inmate.

Within hours of the inmate reporting the abuse, supervisors of EKCC and state detectives of the Kentucky State Police opened an investigation. Nantell joined with other officers in a cover-up scheme to hide the truth. As part of that cover-up, he lied to officers of both agencies as well as a special agent of the FBI.

Six former officers have pleaded guilty in related cases. On July 26, 2023, former EKCC officer Randall Dennis pleaded guilty to one count of deprivation of civil rights based on assault of the inmate and former EKCC officer Nathan Cantrell pleaded guilty to four counts of obstruction of justice for attempting to cover up the assault.

On April 10, 2023, former EKCC officer James Benish pleaded guilty to one count of deprivation of civil rights based on his failure to intervene to protect the inmate and former EKCC supervisor Randy Nickell pleaded guilty to three counts of obstruction based on his efforts to cover up the same assault.

On Aug. 29, 2022, former EKCC officer Jeffery Havens pleaded guilty to one count of deprivation of civil rights based on his assault of the inmate.

Finally, on July 11, 2022, former EKCC officer Derek Mays pleaded guilty to four counts of obstruction of justice based on his efforts to cover up the assault.

In a separate administrative investigation, the Kentucky Internal Investigations Branch (IIB) conducted an independent review of the inmate’s allegations. IIB determined that an assault occurred and that numerous officers had been untruthful about what they saw. As a result of their findings, numerous officers who were involved with the assault were terminated, demoted or voluntarily resigned their positions with the Kentucky Department of Corrections within a year of the incident.

A sentencing hearing is scheduled for June 10. Nantell faces a maximum penalty of 10 years in prison for the deprivation of rights offense, a maximum penalty of 20 years in prison for obstructing state investigators and a maximum penalty of five years in prison for lying to the FBI. A federal district court judge will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Louisville Field Office investigated the case.

Assistant U.S. Attorneys Zachary Dembo and Mary Melton for the Eastern District of Kentucky prosecuted the case in partnership with Trial Attorney Thomas Johnson of the Civil Rights Division.

LEXINGTON, Ky. – The United States has reached an agreement, under the Americans with Disabilities Act (ADA), with Jack F. Ditty, M.D., P.S.C., a dermatology practice in Ashland, Kentucky, addressing effective communication with deaf and hard of hearing patients.

The settlement resolves a complaint filed by a patient who alleged that she was not provided an American Sign Language (ASL) interpreter during an initial appointment.  Through an investigation, the United States determined that the dermatology practice failed to take necessary steps to ensure effective communication with deaf or hard of hearing patients, by not providing interpreters or other auxiliary aids and services to patients, who staff knew were deaf or hard of hearing, and encouraging those patients to bring someone with them to facilitate communication.

“Adequate communication with your health care provider is absolutely essential to receiving the medical care you need,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “This foundational access to communication is critically important and required by law.  This settlement reflects our commitment to ensuring deaf and hard-of-hearing patients can properly participate in their important health care decisions, through essential access to adequate communication services.”

Under the terms of the agreement, the practice will advise patients and companions of their right to auxiliary aids and services to ensure effective communication, including a live qualified sign language interpreter, whether through video or on-site.  The practice will maintain a list of qualified interpreters and establish internal procedures for ordering interpreting services. The practices will also modify its policies and practices to comply with the ADA, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the agreement.

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

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

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

— END —

LONDON, Ky. – A Somerset, Ky., woman, Lisa G. Gadberry, 51, pleaded guilty on Monday, before U.S. Magistrate Judge Hanly A. Ingram, to wire fraud.   

 According to her plea agreement, from November 5, 2012, through May 15, 2019, while employed as the Secretary/Office Manager for the Somerset Pulaski County Development Foundation, Gadberry devised a scheme to defraud the organization by means of materially false and fraudulent representations and promises.  Specifically, Gadberry utilized the SPCDF credit card for numerous unauthorized personal expenses, including personal vacations, retail purchases, gasoline, electricity, cell phone, restaurants, and entertainment expenses, and concealed her scheme by paying the bill out of an account the Pulaski Fiscal Court, the SPCDF Board, and the CPA for SPCDF did not regularly control or monitor.  In total, Gadberry charged $142,874.69 in personal charges to the card.

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

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

Gadberry will be sentenced on a date yet to be scheduled by the Court.  She faces a maximum of 20 years in prison.  Gadberry will also be required to pay a $142,874.69 money judgement.  However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

— END —

ASHLAND, Ky. – A Hamtramck, Mich., man, Corey J. Benton, 34, was sentenced on Monday, by U.S. District Judge David Bunning, to 138 months in prison, for possession with intent to distribute a controlled substance and possession of a firearm in furtherance of drug trafficking.

According to his plea agreement, beginning in October 2022, the Kentucky State Police opened an investigation into the drug trafficking activities of Benton.  Their investigation revealed that Benton had sold illicit drugs containing fentanyl and fluorofentanyl, a fentanyl analogue, in Carter County.  Ultimately, during the execution of a search warrant at Benton’s residence, law enforcement seized a distribution quantity of fentanyl, as well as a .45 caliber Sig Sauer firearm.  Benton admitted that he possessed this firearm in furtherance of his drug trafficking activity.

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

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

The investigation was conducted by ATF and KSP.  Assistant U.S. Attorney Cynthia Rieker is prosecuting the case on behalf of the United States.

— END —

ASHLAND, Ky. – An Ashland man, William Lucas Ferguson, 28, was sentenced on Monday, by U.S. District Judge David Bunning, to 45 years in prison, for two counts of producing child pornography.

According to his plea agreement, in June 2022, law enforcement was alerted that Ferguson had sexually explicit images and videos of a minor victim on his phone.  Law enforcement interviewed Ferguson and, during a consensual search of his phone, located multiple images of Ferguson sexually assaulting a minor child. Ferguson admitted that he was the adult in the images and that he had produced the sexually explicit images of the minor victim, on multiple occasions.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police; and W. Todd Kelley, Chief of the Ashland Police Department, jointly announced the sentence.

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

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

— END —

COVINGTON, Ky. – A Morehead, Ky., man, Andrew Zaheri, 40, pleaded guilty on Wednesday, before U.S. District Judge David Bunning, to production of child pornography.

According to his plea agreement, in the summer of 2022, Zaheri began a sexual relationship with a minor student at the high school where he was employed as a teacher.  The relationship continued through the school year and included Zaheri engaging in sexual acts with the victim during school hours.  Zaheri admitted that, during the course of the relationship, he produced sexually explicit images and videos of the minor victim using his cell phone.

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

The investigation was conducted by FBI and Kentucky State Police. Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States.

Zaheri is scheduled to appear for sentencing on May 14 in Ashland, Ky. He faces a minimum of 15 years and a maximum of 30 years in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing its sentence.

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

— END —

COVINGTON, Ky. – A Burlington, Ky., man, David L. Mitchell, 73, was sentenced on Thursday, by U.S. District Judge David Bunning, to 48 months in prison, for possession of child pornography.  He also was ordered to pay over $20,000 in victim restitution.

According to his plea agreement, on June 29, 2022, law enforcement travelled to Mitchell’s home and requested permission to enter his residence to discuss an investigation. During a consensual search of his home, law enforcement found a USB device and hard drive that Mitchell admitted contained pornographic material of minors, and he also admitted that he had accessed visual depictions of minors engaged in sexually explicit conduct in the past through the Internet. It was discovered the devices contained over 100 unique digital images and over 100 unique digital videos of minors, including minors under the age of 12, engaged in sexual conduct.

Under federal law, Mitchell must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years. Mitchell was also ordered to pay $23,000 in victim restitution.  

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

The investigation was conducted by HSI Northern Kentucky. Assistant U.S. Attorney Andrew Spievack is prosecuting the case on behalf of the United States.

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

— END —

LONDON, Ky. – A Hagerhill, Ky., man, Gary Warick, 57, was found guilty on Tuesday, by a federal jury sitting in London, of conspiracy to distribute 50 grams or more of methamphetamine, one count of distribution of 50 grams or more of methamphetamine, one count of distribution of methamphetamine, and one count of possession with intent to distribute 50 grams or more of methamphetamine.

According to evidence presented, on April 26, 2022 and again on May 3, 2022, law enforcement made two controlled purchases of methamphetamine involving Warick in Johnson County.  Thereafter, on May 4, 2022, the execution of a seach warrant on Warick’s residence uncovered additional methamphetamine. Collectively, the purchases and search resulted in the seizure of more than 130 grams of methamphetamine. Warick had previously been convicted of trafficking in a controlled substance in the first degree in state court, in 2010.

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

The case was investigated by the FBI and Kentucky State Police.  The United States was represented in the case by Assistant U.S. Attorney Justin Blankenship. 

Warick is scheduled to appear for sentencing on a date yet to be determined. He faces a minimum of 15 years, up to life in prison.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing its sentence.

– END –

LEXINGTON, Ky. – Late Friday, a federal jury sitting in Lexington convicted Ronnie Goldy, 51, the former Commonwealth’s Attorney for Bath, Rowan, Menifee, and Montgomery Counties, of honest services wire fraud, use of an interstate facility with the intent to carry on unlawful activity, and bribery concerning a program that receives federal funds.  Goldy was convicted of all 14 counts alleged in his indictment.  

According to evidence presented, Goldy maintained a personal relationship with a woman, which was sexual in nature, that included encounters and solicitations and acceptance of sexually explicit images and videos of the woman.  On multiple occasions during the scheme, Goldy used his position as the Commonwealth’s Attorney to perform official actions, or to exert pressure and influence on other public officials to perform official actions, benefiting the woman.  Goldy knew these sexually explicit images and periodic sexual encounters were provided in exchange for his willingness to perform, or pressure others to perform, official actions benefitting the woman with whom he had the relationship.

“Instead of doing the job he was elected to perform, Mr. Goldy chose to victimize a vulnerable individual and exchange his law enforcement authority for things that benefitted him,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “Whenever law enforcement officials violate their obligation to uphold the law, it does grave damage to victims and to the Justice system itself.  This prosecution is a first step in restoring the public’s faith in the system and in holding him accountable for his disgraceful conduct.”   

United States Attorney Shier and Michael Stansbury, Special Agent in Charge, FBI, Louisville Field Division, jointly announced the jury’s verdict.

The case was investigated by the FBI.

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

– END –

LEXINGTON, Ky. – A Lexington man, Kevin Daniel Lentz, 49, was sentenced on Thursday, by U.S. District Judge Karen C. Caldwell, to 30 years in prison, for the production and possession of child pornography.

Lentz admitted in his plea agreement that he began an online conversation with a 9-year-old victim, on March 19, 2023.  Within minutes, the chat became sexual.  Lentz sent the victim 85 images or videos of adult pornography, including sexually explicit images and videos of Lentz.  Lentz also persuaded the victim to create multiple sexually explicit videos and images of himself, and to send them to Lentz via the internet.  Lentz acknowledged that, at the time, he knew the victim was a minor.  The conduct was discovered after the victim’s parents located the sexually explicit conversations and images on the victim’s phone.  The parents then contacted law enforcement.

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

Under federal law, Lentz must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for life. Lentz was also ordered to pay $33,000 in restitution and $22,000 in special assessments.

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

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

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

— END —

COVINGTON, Ky. – A Union, Ky., man, Paul Marcus Sitavich, 42, was sentenced on Thursday, to 136 months in federal prison, by U.S. District Judge David Bunning, for possession with the intent to distribute 50 grams or more of methamphetamine.

According to his plea agreement, in January 2023, Sitavich sold approximately 3.495 grams of methamphetamine to an informant, which was observed by law enforcement.  Then, on February 14, 2023, law enforcement conducted a traffic stop on a vehicle driven by Sitavich.  After a drug dog indicated that narcotics were present, law enforcement searched the vehicle and found approximately 58.1 grams of pure methamphetamine, as well as a digital scale, empty bags, and other drug trafficking paraphernalia.  Sitavich later admitted to selling controlled substances to make money, during a recorded video visit while in the Boone County Jail.

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

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

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

— END —

LEXINGTON, Ky. – The United States District Court for the Eastern District of Kentucky has entered an agreed judgment for $4.9 million, in favor of the United States and against AccuLab, LLC d/b/a Thoroughbred Diagnostics (“Thoroughbred”), holding the lab liable for submitting false claims for urine drug testing services to the Medicare and Kentucky Medicaid programs.

Relatedly, the United States entered into a settlement agreement with Edgewater Recovery Center, LLC (“Edgewater”), the drug rehabilitation facility that caused the submission of those false laboratory claims, to resolve its own False Claims Act liability.  Pursuant to that settlement agreement, Edgewater will pay the Government $2.2 million.

Edgewater operates residential and outpatient drug rehabilitation facilities in multiple locations in Kentucky.  The Government alleged that Edgewater requested the same complex panel of urine drug tests for all its patients on a weekly basis, without considering whether individual patients needed them.  In typical cases, Edgewater did not even use the results of these expensive tests for the patients’ medical diagnosis or treatment.

Thoroughbred is a clinical laboratory based in Bowling Green, Ky., that performed urine drug tests for Edgewater’s patients.  The Government alleged that Thoroughbred performed the urine drug tests requested by Edgewater and billed them to Medicare and Kentucky Medicaid, despite knowing the tests were not typically used for patients’ medical diagnosis or treatment.  The Government further alleged that Thoroughbred billed for urine drug screens – a less complex test – performed on Edgewater specimens without a proper medical order requesting the test.  As a result, Thoroughbred improperly received substantial payments from Medicare and Kentucky Medicaid.

The False Claims Act is a federal law that prohibits the submission of false or fraudulent claims for payment to the federal government.  Medicare and Kentucky Medicaid only authorize payment for laboratory testing that is individualized to each patient, is used for medical diagnosis or treatment, and is supported by a proper medical order.  As federally-funded health care programs, Medicare and Kentucky Medicaid require all tests and procedures to be medically necessary and in compliance with program rules and applicable law.

Under the terms of its Settlement Agreement with the United States, Edgewater agreed to pay $2,249,632.92 to resolve allegations that it caused the submission of false claims.  Edgewater also entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General, requiring the business to appoint a Compliance Officer – who will be tasked with implementing policies to ensure compliance with federal health care program requirements and monitoring Edgewater’s day-to-day compliance activities – and retain an independent compliance expert to review their compliance program.

Thoroughbred separately agreed to entry of an Agreed Judgment in the case, in favor of the United States, in the amount of $4,925,441.42.  To satisfy this judgment, Thoroughbred will immediately pay the United States $450,000 and then remit the proceeds resulting from its ceasing of lab operations.  Thoroughbred must pay to the United States 100% of the net proceeds of the sale of its assets, 70% of its reimbursements from healthcare payors for one year, and any funds received pursuant to an Employee Retention Tax Credit.

“Medicare and Medicaid are intended – and funded – to provide medically necessary health care benefits to millions of eligible Americans,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “When the valuable and limited resources of these programs are depleted, by fraud, waste, or abuse, it has a profound impact on us all.  We simply must prioritize taking the steps available to us to prevent inappropriate billing like this, and to return the funds to their proper purpose – providing necessary medical care.”

“Providers who participate in federal health care programs must follow the law governing the integrity of federally funded health care programs such as Medicare and Medicaid,” said Tamala E. Miles, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).  “HHS-OIG is committed to protecting the integrity of the Medicare and Medicaid programs and the people they serve.  We will continue to work closely with our law enforcement partners to address allegations brought under the False Claims Act.”

The settlement resolves a lawsuit brought by a private citizen under the qui tam provisions of the False Claims Act.  Under those provisions, a private party can file a civil action on behalf of the United States, thereby bringing allegations of fraud to the Government’s attention, and share in any financial recovery.  As part of this resolution, the individual who filed the qui tam complaint will receive a portion of the settlement proceeds.

This case was investigated by the Affirmative Civil Enforcement section of the U.S. Attorney’s Office.  Assistant United States Attorneys Benjamin Long and Katherine Sheridan represented the United States.

This case is captioned United States ex rel. Katharine Coale v. Edgewater Recovery Center, LLC, et al., Case No. 3:21-CV-00056-GFVT.  The claims resolved by the settlement are allegations only, and there has been no determination of liability.

– END –

LONDON, Ky.- Two local men, Wayne Tackett, 64, of Harold, Ky., and Carlos Hall, 72, of Prestonsburg, Ky., were indicted on Thursday, by a federal grand jury sitting in London, for illegally selling firearms.

Specifically, the indictment alleges that Tackett and Hall, who were not licensed firearms dealers, aided and abetted each another to engage in the business of dealing firearms.  Separately, the indictment charges Tackett with six counts of knowingly selling firearms to a convicted felon and one count of trafficking in firearms.  The indictment also seeks forfeiture of more than 80 firearms.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division, jointly announced the indictment.

The investigation preceding the indictment was conducted by ATF.  The indictment was presented to the grand jury by Assistant U.S. Attorney Drew Trimble.

A date for Tackett and Hall to appear in court has not yet been determined. They each face a maximum of five years in prison for the engaging in the business with firearms without a license.  Tackett also faces a maximum of 15 years for each additional charge. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

This case is being prosecuted under the new criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

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

— END —

LEXINGTON, Ky. – A Lexington woman, Sandybell Fierro, 23, has been sentenced to 21 months in federal prison, by U.S. District Judge Karen Caldwell, for wire fraud and money laundering. 

According to her plea agreement, on April 5, 2021, Fierro submitted a materially false application to the Small Business Administration (SBA), to obtain an Economic Injury Disaster Loan (EIDL), due to the COVID-19 pandemic.  Fierro falsely stated in the application that she established a personal services business, “Sandybell Fierro” in 2018, that the business had 17 employees, that she had sold $94,000 worth of goods in the last 12 months, and that the business had a gross revenue of $197,000.  However, no such business existed.

As a result of Fierro’s misrepresentations in the application, she was awarded a EIDL in the amount of $206,000, which she used for her own benefit.  As part of her sentencing, Fierro was ordered to pay $206,000 in restitution to the SBA.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Bryant Jackson, Special Agent in Charge, Internal Revenue Service-Criminal Investigation, jointly announced the sentence.

The investigation was conducted by the IRS.  Assistant U.S. Attorneys Andrea Mattingly Williams and Brittany Dunn-Pirio prosecuted the case on behalf of the United States.

— END —

FRANKFORT, Ky. – A Shelbyville, Ky., man, Clinton Lyon Mayes, 51, was sentenced on Wednesday, January 10, to 120 months in prison, by U.S. District Judge Gregory VanTatenhove, for possession of child pornography.

According to his plea agreement, Mayes appeared for a reporting day with the Kentucky Probation and Parole department. He admitted that he had a smart phone that contained “young” pornography. The Parole Officer searched the phone and located images of minors engaged in sexually explicit conduct.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Robert Holman, Special Agent in Charge, U.S. Secret Service; Shawn Morrow, Special Agent in Charge, ATF, Louisville Filed Division; Russell Coleman, Kentucky Attorney General; and Sheriff Timothy Mark Moore, Shelby County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by U.S. Secret Service, ATF, Kentucky Attorney General’s Office, and Shelby County Sheriff’s Office. Assistant U.S. Attorney Mary Melton is prosecuting the case on behalf of the United States.

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

— END —

LEXINGTON, Ky. — A Detroit man, D’Angelo S. Yarbrough, 31, was sentenced to 280 months in federal prison on Monday, by U.S. District Judge Karen K. Caldwell, for possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of a drug trafficking crime.

According to Yarbrough’s plea agreement, on September 22, 2022, Yarbrough was arrested by law enforcement for an outstanding arrest warrant at the Bluegrass Airport.  During a search of Yarbrough’s vehicle, law enforcement located approximately 60 grams of pressed fentanyl pills, along with narcotics trafficking equipment including a blender, a press, and a large quantity of cutting agents.  In addition to these items, officers also located a loaded firearm, which was determined to be machinegun.

Yarbrough pleaded guilty to the charges in August 2023.

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

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

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

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

-END-

LEXINGTON, Ky. — A Lexington man, Mayank Patel, 58, was sentenced on Monday, by U.S. District Judge Karen Caldwell, to 38 years in federal prison, for production and distribution of child pornography.  

According to his plea agreement, Patel admitted producing images and videos of himself sexually assaulting a minor victim and possessing those depictions on his electronic devices.  Patel also admitted to being a part of at least 30 online communities that specifically existed to receive and distribute child sexual abuse material.  Patel received, distributed, and possessed hardcore and violent child sexual abuse material that included serious bodily harm to infants as part of his participation in these various online communities.

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

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

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

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

-END-

LEXINGTON, Ky. – A Bonne Terre, Mo., man, Michael Ray Landness, 35, was sentenced on Friday, to 123 months in federal prison, by Chief U.S. District Judge Danny C. Reeves, for attempted online enticement of a minor to engage in sexual conduct.

Landsness is a trucker who lives in Missouri, but routinely travels through Kentucky as part of his employment.  In his plea agreement, Landsness admitted to chatting with undercover law enforcement agents posing as a minor on two different occasions.  In May 2022, Landsness connected with an undercover law enforcement agent posing as a 14-year-old girl.  Landsness engaged in chats with the purported minor via the internet and text, during which he discussed engaging in various sexual acts with the minor. Although the Defendant talked about meeting the purported 14-year-old for sexual purposes, he failed to show up at the arranged meet and then stopped all communications with the purported minor.

On July 17, 2023, law enforcement located an ad placed by Landsness in which he was looking for young women to have sex with him in his truck during his travels as a truck driver.  Law enforcement responded, this time posing as a 15-year-old minor girl. Landsness again engaged in sexual chats with the purported minor.  During these chats, Landsness attempted to entice the purported minor to engage sexual activity with him.  The Defendant also scheduled a time to meet with the purported minor at a truck stop in Woodford County for the purpose of engaging in sexual activity.  On July 27, 2023, law enforcement found Landsness at the planned meeting location and he was taken into custody.

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

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

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

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

— END—

LEXINGTON, Ky. — A Danville, Ky., woman, Ellen Phillips, formerly known as Ellen Shell, 38, pleaded guilty on Friday, before Chief U.S. District Judge Danny Reeves, to attempted online enticement of a minor to engage in sexual conduct.

Phillips, who at the time of her offenses was employed as a teacher’s aide, was conducting sexual relationships with numerous teenage boys in the Boyle and Garrard County areas. Phillips would communicate with the victims via Snapchat, Facebook, or text messaging and, in many instances, would meet the victims for the purpose of engaging in sexual activity.  According to Phillips’ plea, she engaged in sexual activity with multiple minors at the same time.

In her plea agreement, Phillips specifically admitted that on December 20, 2022, she attempted to entice a 15-year-old minor to engage in sexual activity.  In this conversation, Phillips messaged the victim using Facebook and repeatedly attempted to get the victim to sneak out of his house for sexual activity.  When the victim said he could not leave, Phillips offered alcohol and oral sex to the minor and offered excuses the victim could tell his mother as to why he needed to leave his home.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP); Willie Skeens, Garrard County Sheriff; and Chief Tony Gray, Danville Police Department, jointly announced the guilty plea.

The investigation was conducted by the HSI, KSP, Garrard County Sheriff’s Office, and Danville Police Department.  The United States was represented by Assistant U.S. Attorney Erin Roth.

Phillips is scheduled to be sentenced on April 26. She faces a minimum of 10 years and a maximum of life in prison.  However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.

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

-END-