Eastern District of Oklahoma

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the June 2020 Federal Grand Jury.

The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court.  Federal prison sentences are non-parolable.

DONALD RAY LOGSDON, JR., age 39, of McAlester, Oklahoma

Felon In Possession Of Firearm & Ammunition

The Indictment alleges that on or about March 5, 2020, in the Eastern District of Oklahoma, the defendant, DONALD RAY LOGSDON, JR., having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Pittsburg County Sheriff’s Office and the United States Marshals Service - Violent Crimes Fugitive Taskforce.

Assistant United States Attorney Dean Burris

DERRICK LERON JORDAN, age 49, of Okmulgee, Oklahoma

Failure To Register As Sex Offender

The Indictment alleges that from on or about December 14, 2018, until on or about March 24, 2020, in the Eastern District of Oklahoma, and elsewhere, the defendant, DERRICK LERON JORDAN, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Oklahoma on or about April 22, 1999, for Rape First Degree and Oral Sodomy, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Okmulgee Police Department and the United States Marshals Service.

Assistant United States Attorney Nalani Ching

KENNETH ROY NESTER, age 26, of Okmulgee, Oklahoma

Possession With Intent To Distribute Methamphetamine
Possession Of Firearm In Furtherance Of Drug Trafficking Crime
Felon In Possession Of Firearm And Ammunition (2 counts)

The Indictment alleges that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, a fine up to $1,000,000.00, or both. 

The Indictment further alleges that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, did knowingly possess a firearm, to wit: one Herman Weirach, Model Arminius HW 38, .38 Special caliber, revolver, serial number 402323, in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00, or both.

The Indictment further alleges that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment further alleges that on or about January 22, 2020, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation.

Special Assistant United States Attorney David Youll

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Yarnell Qudellious Payne, age 36, of Muskogee, Oklahoma entered a guilty plea to Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The Indictment alleged that from in or about November 2018, the exact date being unknown to the Grand Jury, until on or about January 29, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received felony convictions from the State of Nebraska, in Lancaster County, on or about January 4, 2017, for Sexual Assault of a Child, Third Degree, traveled in interstate and foreign commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act. 

The charges arose from an investigation by the he United States Marshals Service. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

Assistant United States Attorney Nalani Ching represented the United States at the change of plea hearing.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Wayne Jenkins, age 41, of Lothian, Maryland was sentenced to 60 months’ imprisonment, and 3 years of supervised release for Possession Of Firearm In Furtherance Of Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c). The charges arose from an investigation by the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Indictment alleged that on or about June 1, 2019, in the Eastern District of Oklahoma, the defendant knowingly possessed a firearm in furtherance of a drug trafficking crime. 

United States Attorney Brian J. Kuester said, “Drug trafficking and violence go hand-in-hand. By working together to investigate and enforce federal gun and drug laws, federal, state, local, and tribal law enforcement agencies make our communities safer. That is a worthwhile partnership and a priority of the Department of Justice.”

“Mr. Jenkins carried a loaded firearm while transporting illegal drugs from Texas to Maryland,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “Thanks to the Oklahoma Highway Patrol’s commitment to safety, situational awareness and strong partnerships, he will travel our nation’s interstates on a Bureau of Prisons bus for the next five years.”
                
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States at the sentencing hearing.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John Cole Haeberle, age 23, of Tahlequah, Oklahoma entered a guilty plea to Arson, in violation of Title 18, United States Code, Section 844(i), punishable by not less than 5 years to not more than 20 years imprisonment, a fine up to $250,000.00 or both.

The Indictment alleged that from on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, maliciously damaged and destroyed, and attempted to damage and destroy, by means of fire and explosive materials, a building which was used in any activity affecting interstate commerce, to-wit: the Garden Walk Apartments located at 18106 W. 794 Road, APT 40B, Tahlequah, Oklahoma.

The charges arose from an investigation by the Cherokee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

Assistant United States Attorney Sarah McAmis represented the United States at the change of plea hearing.

WASHINGTON – The Department of Justice today announced nearly $400 million in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP).  The Attorney General announced funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals.  The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.  

“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support.  The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr.  “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”

The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers.  In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics.  In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities.  Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.

CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area.  43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention.  The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.  

The complete list of awards can be found here.  To learn more about CHP, please visit https://cops.usdoj.gov/chp.  For additional information about the COPS Office, please visit https://cops.usdoj.gov.

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

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Marilyn Murillo, age 24, of San Diego, California was sentenced to 7 months’ imprisonment, and 2 years of supervised release for Possession Of Counterfeit Obligation Of The United States, in violation of Title 18, United States Code, Section 474(a). The charges arose from an investigation by the United States Secret Service and the Oklahoma Highway Patrol. 

The Information alleged that on April 19, 2019, in the Eastern District of Oklahoma, the Defendant knowingly had in her possession and custody, with intent to sell or otherwise use, approximately seventeen falsely made and counterfeited one-hundred-dollar Federal Reserve Notes, Series 2009, Serial No. JK74046183A, made after the similitude of obligations issued under the authority of the United States. 

United States Brian J. Kuester said, “The Oklahoma Highway Patrol and the United States Secret Service prevented thousands in counterfeit currency from entering the stream of commerce. The defendant was brought to justice and countless would-be victims were protected from loss that could have resulted if the counterfeit had not been intercepted.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States at the sentencing hearing. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nicolas Mojica-Flores, age 44, of Broken Arrow, Oklahoma was sentenced to time served and waived his right to contest his removal from the United States for Reentry Of Removed Alien, in violation of Title 8, United States Code, Section 1326(a). The charges arose from an investigation by the Department of Homeland Security – Homeland Security Investigations. 

The Information alleged that on or about November 26, 2019, in the Eastern District of Oklahoma, the defendant, an alien, was in the United States after having been removed on or about November 13, 1998, at or near Laredo, Texas. He re-entered not having obtained the express consent of the Secretary of Homeland Security to reapply for admission to the United States.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States at the sentencing hearing.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kendall Brent Smith, age 50, of Okmulgee, Oklahoma entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section 2; punishable by not less 10 years and not more than life imprisonment, a fine up to $10,000,000.00 fine or both. 

On or about July 22, 2019, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. 

The charges arose from a joint investigation led by the Drug Enforcement Administration, along with the Federal Bureau of Investigation, the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma Department of Corrections, the Oklahoma Highway Patrol, the Muskogee County Sheriff’s Office, the Muskogee Police Department, and the Tulsa County Sheriff’s Office. Additionally, many prominent agencies which are members of the DEA High Intensity Drug Trafficking Area Task Force (“HIDTA”), contributed to this investigation, including: the Tulsa Police Department, the Broken Arrow Police Department, the Chickasaw Nation Lighthorse Police Department, the Miami Police Department, the Moore Police Department, the El Reno Police Department,  the Yukon Police Department, the Duncan Police Department, the Norman Police Department, the Choctaw Police Department, the Edmond Police Department, the Oklahoma County Sheriff’s Office, the Canadian County Sheriff’s Office, the Rogers County District Attorney’s Office, and the Oklahoma County District Attorney’s Office. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (“OCDETF”) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Ryan Conway represented the United States at the plea hearing.

MUSKOGEE, OKLAHOMA – A federal court in Muskogee, Oklahoma, has entered a temporary restraining order halting the sale of an unapproved colloidal silver product to treat COVID-19. 

The U.S. District Court for the Eastern District of Oklahoma entered the temporary restraining order on May 14, 2020 in response to a civil complaint and accompanying court papers filed by the Department of Justice.  In its complaint, the department alleges that Xephyr LLC, doing business as N-Ergetics, and its owners Brad Brand, Derill J. Fussell, and Linda Fussell, sell and distribute a colloidal silver product claiming that it will cure, mitigate, or treat coronavirus and its resulting disease, COVID-19, as well as other diseases including pneumonia, AIDS, and cancer.  Colloidal silver is a suspension of silver particles in a liquid, and it is not generally recognized as safe and effective by qualified experts for any of the uses for which defendants promote it.

“The Department of Justice takes swift action to protect consumers from unsafe products that are unlawfully sold as COVID-19 treatments,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “We will continue to work closely with the Food and Drug Administration to prevent harm to consumers from unlawful products during this pandemic.”

“The facts leading to this civil action underscore the importance of exercising extreme caution when dealing with people making claims to have a cure-all,” said U.S. Attorney Brian J. Kuester for the Eastern District of Oklahoma.  “National disasters bring out the best of many Americans.  Unfortunately there are those who seek to take advantage of the fear and anxiety caused by widespread disasters, such as the Coronavirus, that may cause people to be more vulnerable to fraudulent claims.” 

The department’s complaint alleges that defendants are introducing unapproved new drugs into interstate commerce and that their disease-related treatment claims are unsupported by any well-controlled clinical studies or other credible scientific substantiation.  Additionally, the complaint asserts that, because defendants’ products do not have adequate directions for lay users, the products are misbranded. 

On March 6, 2020, FDA, jointly with the Federal Trade Commission, issued a Warning Letter to defendants notifying them that they are violating federal law (including the Federal Food, Drug, and Cosmetic Act) by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce.  After receipt of this warning, the complaint alleges, the defendants attempted to cloak their claims to prevent liability, while continuing to make the same substantive claims and to sell colloidal silver as a cure, mitigation, or treatment for coronavirus and COVID-19.

“Xephyr’s claims that their unapproved colloidal silver products can cure, mitigate, prevent, or treat COVID-19, or other diseases like cholera, diabetes, cancer, and AIDS, will not be tolerated.  Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective, especially during this ongoing pandemic,” said Stacy Amin, FDA Chief Counsel.  “The FDA will continue our efforts to make sure that this and other like-minded sellers comply with the law.”

The enforcement action is being prosecuted by Trial Attorneys Rachel E. Baron and Adam E. Lyons of the Department of Justice, Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Michael O’Malley of the U.S. Attorney’s Office for the Eastern District of Oklahoma, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of the General Counsel, Department of Health and Human Services.

The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.  

In response to the department’s filing, defendants immediately took down their sales site.  In addition, they have posted a message offering refunds to their customers:  “Due to the FDA and the DOJ’s requests, this site has been removed.  Anyone who has ordered in the last 90 days, and would like a refund, please email...”  The department will continue to seek complete relief against defendants.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of Oklahoma, visit its website at www.justice.gov/usao-edok.  For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus.  For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites. 

The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. 
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bobby Garman, age 38, of Talihina, Oklahoma was sentenced to 168 months’ imprisonment, and 5 years of supervised release for Distribution Of Methamphetamine and Possession With Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 841(b)(1)(A). The charges arose from an investigation led by the Oklahoma Bureau of Narcotics and Dangerous Drugs (“OBN”) and the District 16 District Attorney Drug Task Force, with the assistance of the Oklahoma Highway Patrol.

The Indictment alleged the defendant knowingly and intentionally distributed methamphetamine and possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, on various dates between February and August 2019. These crimes occurred in LeFlore and Latimer counties, in the Eastern District of Oklahoma. 

United States Attorney Brian J. Kuester said, “Methamphetamine has wreaked havoc on virtually every community in the country. It kills hundreds of Oklahomans a year. Identifying, investigating, and prosecuting drug dealers is vital to combatting drug trafficking organizations. OBN endeavors to do just that, as this investigation demonstrated. Its partnerships with local, state, tribal, and federal agencies helps to create the multi-jurisdictional team that was so effective in this and many other investigations.”

“These cooperative efforts with our local, state and federal partners are making a significant impact toward reducing the flow of drugs that are devastating lives in rural Oklahoma.  This particular defendant would traffic as much as six to ten pounds of meth into Talihina on a routine basis.  When you target, remove and prosecute these high-value distributors, you can absolutely cripple the local drug supply,” said OBN Director Donnie Anderson.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Ryan Conway represented the United States.

A federal court in Muskogee, Oklahoma, entered a temporary restraining order halting the sale of an unapproved colloidal silver product to treat COVID-19, the Department of Justice announced today.

The U.S. District Court for the Eastern District of Oklahoma entered the temporary restraining order in response to a civil complaint and accompanying court papers filed by the Department of Justice.  In its complaint, the department alleges that Xephyr LLC, doing business as N-Ergetics, and its owners Brad Brand, Derill J. Fussell, and Linda Fussell, sell and distribute a colloidal silver product claiming that it will cure, mitigate, or treat coronavirus and its resulting disease, COVID-19, as well as other diseases including pneumonia, AIDS, and cancer.  Colloidal silver is a suspension of silver particles in a liquid, and it is not generally recognized as safe and effective by qualified experts for any of the uses for which defendants promote it.

“The Department of Justice takes swift action to protect consumers from unsafe products that are unlawfully sold as COVID-19 treatments,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “We will continue to work closely with the Food and Drug Administration to prevent harm to consumers from unlawful products during this pandemic.”

“The facts leading to this civil action underscore the importance of exercising extreme caution when dealing with people making claims to have a cure-all,” said U.S. Attorney Brian J. Kuester for the Eastern District of Oklahoma.  “National disasters bring out the best of many Americans.  Unfortunately there are those who seek to take advantage of the fear and anxiety caused by widespread disasters, such as the Coronavirus, that may cause people to be more vulnerable to fraudulent claims.”

The department’s complaint alleges that defendants are introducing unapproved new drugs into interstate commerce and that their disease-related treatment claims are unsupported by any well-controlled clinical studies or other credible scientific substantiation.  Additionally, the complaint asserts that, because defendants’ products do not have adequate directions for lay users, the products are misbranded.

On March 6, 2020, FDA, jointly with the Federal Trade Commission, issued a Warning Letter to defendants notifying them that they are violating federal law (including the Federal Food, Drug, and Cosmetic Act) by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce.  After receipt of this warning, the complaint alleges, the defendants attempted to cloak their claims to prevent liability, while continuing to make the same substantive claims and to sell colloidal silver as a cure, mitigation, or treatment for coronavirus and COVID-19.

“Xephyr’s claims that their unapproved colloidal silver products can cure, mitigate, prevent, or treat COVID-19, or other diseases like cholera, diabetes, cancer, and AIDS, will not be tolerated.  Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective, especially during this ongoing pandemic,” said Stacy Amin, FDA Chief Counsel.  “The FDA will continue our efforts to make sure that this and other like-minded sellers comply with the law.”

This enforcement action is being prosecuted by Trial Attorneys Rachel E. Baron and Adam E. Lyons of the Department of Justice, Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Michael O’Malley of the U.S. Attorney’s Office for the Eastern District of Oklahoma, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of the General Counsel, Department of Health and Human Services.

The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.  

In response to the department’s filing, defendants immediately took down their sales site.  In addition, they have posted a message offering refunds to their customers:  “Due to the FDA and the DOJ’s requests, this site has been removed.  Anyone who has ordered in the last 90 days, and would like a refund, please email...”  The department will continue to seek complete relief against defendants.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of Oklahoma, visit its website at www.justice.gov/usao-edok.  For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus.  For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.

The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Edward Douglas Jacome, age 31, of Henryetta, Oklahoma was sentenced to 46 months’ imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Okmulgee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime. PSN is an initiative led and coordinated by the United States Attorney’s Office.

The Indictment alleged that on December 2, 2019, in the Eastern District of Oklahoma, the defendant, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed a firearm and ammunition which had been shipped and transported in interstate commerce.

United States Attorney Brian J. Kuester said, “This investigation, prosecution, and sentence is a result of working relationships between federal, state, and local agencies. These relationships are enhanced as a result of a Project Safe Neighborhood grant awarded by the Department of Justice to Oklahoma’s District Attorney District 25. The grant funds a District 25 Assistant District Attorney to concurrently serve as a Special Assistant United States Attorney. The collaboration between our offices compliments the well-established partnerships between federal and local law enforcement agencies like this combined effort by the ATF and the Okmulgee County Sheriff’s Office.”

“I echo the statement of United States Attorney Kuester,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “The Project Safe Neighborhoods initiative enhances agency partnerships. Options in pursuing legal action with the most appropriate sanctions, like the federal prosecution of Mr. Jacome, has a direct impact on community safety.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States at the sentencing hearing.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neal Lee Morris, age 43, of Ada, Oklahoma was sentenced to 57 months’ imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Indictment alleged that on June 21, 2019 the defendant, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, knowingly possessed a firearm which had been shipped and transported in interstate commerce.

United States Attorney Brian J. Kuester said, “A priority of the Department of Justice is to combat and reduce violent crime. A key strategy to achieving this priority is enforcing federal gun laws thereby removing guns from those who unlawfully possess them. This defendant had numerous felony convictions and had his weapon in the seat beside him when he was stopped by the Oklahoma Highway Patrol for traffic violations. The federal law enforcement community proudly partners with state, local and tribal agencies as the ATF and this office did in this case to help them further our shared mission to serve and protect.”

“Individuals are prohibited from possessing firearms and ammunition after being convicted of a felony,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “Despite multiple felony convictions, Mr. Morris was armed when encountered by law enforcement. Federal prosecution of this crime demonstrates ATF is accountable to, and will protect, our local, state and federal partners and the communities we serve.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States at the sentencing hearing. 

NOTE:  This press release has been updated with additional information since its original release (4-29-20) to provide a link to a new online COVID-19 Fraud reporting form and an updated downloadable pamphlet reflecting this change.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma reminds everyone that even as we begin moving toward resumption of normal lives, fraudsters will continue their schemes to take advantage of the coronavirus pandemic. The best defense is to remain vigilant knowing there are a number of methods criminals will try to profit at your expense. The United States Attorneys for the Eastern, Western and Northern Districts are partnering with the Oklahoma Attorney General to identify, investigate, and prosecute fraud related to the ongoing coronavirus pandemic in Oklahoma.

“Attorney General Barr has instructed U.S. Attorneys to make it a priority to investigate and stop coronavirus fraud, and we will continue to do so even while Oklahomans are beginning to see the light at the end of the tunnel. We would also like to stop fraud before it happens by reminding everyone to watch for scams and exercise caution accordingly,” said United States Attorney Brian J. Kuester. “If you have been a victim or you suspect someone has attempted to defraud you or a family member, please report it. Information you provide may help to put an end to a criminal’s scheme before additional victims fall prey.”

The best protection from becoming a victim is being informed. Examples of COVID-19 fraud include: economic impact scams, supply scams, provider scams, charity scams, phishing scams, mobile app scams, investment scams, price gouging and unemployment fraud. Attached is a

For the most up-to-date information on COVID-19, visit the Centers for Disease Control and Prevention (CDC). We urge you: don’t fall victim to these frauds. If you have, please report COVID-19 fraud to the National Center for Disaster Fraud hotline by phone at (866) 720-5721 or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.  You may also report fraud to the Oklahoma Attorney General’s Consumer Protection Unit by phone at (405) 521-2029 or by email at consumerprotection@oag.ok.gov.  You can also find this press release and more on our webpage at www.justice.gov/usao-edok or via Twitter at @USAO_EDOK.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Zachary Gage Pebley, age 22, of MaComb, Oklahoma was sentenced to 147 months’ imprisonment, and 3 years’ supervised release for Bank Robbery, in violation of Title 18, United States Code, Sections 2113(a) and 2113(d), and for Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, in violation of Title 18 United States Code, Section 924(c)(1)(A)(ii). Pebley’s jury trial began on January 21, 2020 and concluded on January 22, 2020 with a guilty verdict. The verdict was the result of an investigation by the Federal Bureau of Investigation and the Ardmore Police Department. Sentencing occurred following the completion of a presentence report.

Evidence presented at trial proved to the jury that on October 15, 2019, the defendant entered the Bank of the West in Ardmore, Oklahoma wearing a black hat, sunglasses and a white bandana over his face. He approached and pointed a gun at a bank teller demanding that money be placed into a pillowcase. After receiving the money the defendant fled the bank, and within minutes was pursued and detained briefly by a bystander who had seen him running from the area of the bank. Shortly thereafter, officers with the Ardmore Police Department located the defendant hiding in a back yard and arrested him.

United States Attorney Brian J. Kuester said, “Alert victims, a willing bystander, rapid response by the Ardmore Police Department, and their thorough investigation with the Federal Bureau of Investigation led to swift justice against the defendant in just over six months following his crime. This investigation and prosecution was a result of teamwork at its finest – local and federal law enforcement agencies working together with the communities they serve and protect.”

“Armed bank robbery is a serious violent crime which is aggressively investigated, prosecuted and punished," said Melissa Godbold, Special Agent in Charge of the FBI's Oklahoma City Field Office. "The quick intervention by a good Samaritan led to the apprehension of Mr. Pebley by the Ardmore Police Department. This is an example of how the FBI, our law enforcement partners, and Oklahomans work together to defend their community against those who commit violent crime."

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorneys Dean Burris and Ryan Conway represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-parolable sentence will be served. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Takila Shauntel Carpenter, age 34, of Murfreesboro, Tennessee was sentenced to 180 months’ imprisonment, and 5 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A). The charges arose from an investigation by the Sequoyah County Sheriff’s Office and Homeland Security Investigations (“HSI”). 

The Indictment alleged that on or about September 19, 2019, in the Eastern District of Oklahoma, the defendant knowingly and intentionally possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

United States Attorney Brian J. Kuester said, “Each year methamphetamine cuts short the lives of hundreds of Oklahomans and thousands more across the Nation. As the death toll continues to rise, drug cartels continue to flood our country with this poison. I commend the Sequoyah County Sheriff’s Office and HSI for this multi-jurisdictional investigation. Their investigation and the resulting prosecution prevented kilograms of methamphetamine from distribution into communities and has put an end to this defendant’s role in trafficking drugs.”  

“Methamphetamine ravages and negatively impacts societies across this nation, and individuals involved in the trafficking of this dangerous drug are contributing to the demise of countless lives and devastation of our communities,” said Ryan L. Spradlin, special agent in charge of HSI Dallas. “Every time we put a meth pusher behind bars, we’re protecting our citizens and that’s a win for public safety.”
                
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States at the sentencing hearing.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dallas Mitchell Duflot, age 24, of Kingston, Oklahoma was sentenced to credit for time served, and 2 years of supervised release for Theft Of Mail, in violation of Title 18, United States Code, Section 1708. The charges arose from an investigation by the Madill Police Department, the Marshall County Sheriff’s Office, and the United States Postal Inspection Service. The Indictment alleged that on December 25, 2019, the defendant stole and took mail from an authorized mailbox or mail depository. 

United States Attorney Brian J. Kuester said, “Theft of mail is not only a property crime. When someone steals mail from another’s mailbox, it is an attack against the Postal Service, a government institution we trust, rely and depend upon daily. The swift action by the U.S. Postal Inspection Service along with its local law enforcement partners put an abrupt end to the defendant’s conduct, prevented further harm to his victims, and allows for continued faith in our Postal Service.”

“The U.S. Postal Inspection Service will always pursue those who steal or misuse the U.S. Mail; we want the public to maintain confidence in the Postal Service,” said D. Glen Henderson, Acting Inspector in Charge of the Fort Worth Division.  “This prosecution represents the partnerships we want to foster, starting with engaged community members all the way to the U.S. Attorney’s Office.  By working together, we can reduce these types of crime and bring offenders to justice.”
                
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States at the sentencing hearing. 

MUSKOGEE, OKLAHOMA – U.S. Attorney Brian J. Kuester joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week.  This year’s observance takes place April 19-25 and features the theme, “Seek Justice | Ensure Victims' Rights | Inspire Hope.”

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

“Victim’s Rights Week serves as a reminder to us all of the importance of serving those who have been victims of crime. Justice is not complete until the rights of victims have been recognized and upheld,” said United States Attorney Brian J. Kuester. “Victim services are provided by people from many different professions, government and non-government agencies alike, each being critical to the process of helping to restore hope. We can make a brighter tomorrow for victims when we work together to serve them.”

“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs.  “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda.  He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.  President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey.  The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory.  Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.  This year, many communities are organizing virtual gatherings and online public awareness campaigns.

This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart.  “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival.  I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  Visit www.ovc.gov/gallery to learn more about past recipients.

For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: ovc.ncjrs.gov/ncvrw2020/overview.html.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Neil Dunn a/k/a David Neil Dunn, Jr., age 20, of Muskogee, Oklahoma, was sentenced to 8 months’ imprisonment and 2 years of supervised release for Stealing A Firearm From A Federal Firearms Licensed Dealer, in violation of Title 18 United States Code Section 924(m). The charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Indictment alleged that on July 12, 2019, the defendant knowingly stole a firearm from Mike’s Outdoors, a federal firearms licensed dealer.

United States Attorney Brian J. Kuester said, “Investigations that lead to the recovery of stolen guns are obviously very important for the rightful owners. They are also critical for the safety of the community because gun violence is often carried out by criminals using stolen firearms. This investigation resulted in guns being returned to the lawful owner and a safer community.”

“All too often, firearms stolen from Federal Firearms Licensees end up in the hands of prohibited individuals,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “I am thankful these firearms were recovered quickly due to the collaborative effort of the Muskogee Police Department and ATF.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – Amid the Presidential directive to comply with Centers for Disease Control and Prevention (CDC) recommendations on social distancing and the State of Oklahoma’s similar requirements, the United States Attorney’s Office for the Eastern District of Oklahoma remains open. As the chief federal law enforcement agency in the 26 Oklahoma counties which comprise the Eastern District, the United States Attorney’s Office continues to investigate and prosecute cases and represent the interests of the United States of America in various criminal and civil actions. Guidance from United States Attorney General William Barr has authorized a number of staff to carry on the mission via telework.

United States Attorney Brian J. Kuester said, “This Office continues to work with our federal, state, local, and tribal law enforcement partners to serve and protect in the very difficult circumstances we are all facing. While much of our staff is teleworking, our office is open and we continue to investigate cases and will bring charges against those who threaten the safety and security of people in the Eastern District, and continue to defend the interests of the United States. The court is implementing novel methods which allow us to continue to litigate cases, including the use of video teleconferencing.”

While the number of Americans infected by the virus continues to grow, law enforcement is being confronted with the escalation of fraud schemes associated with COVID-19. To combat criminals exploiting this national crisis for personal gain, Attorney General Barr has directed all U.S. Attorneys to prioritize the investigation and prosecution of crimes related to COVID-19 Fraud. “In compliance with the AG’s request, I have appointed an Assistant United States Attorney as the Coronavirus Fraud Coordinator for the Eastern District of Oklahoma. The Coordinator has begun communicating with our law enforcement partners and we will be ready to take swift action against scammers attempting to prey upon those who are vulnerable because the fear caused by this pandemic,” said USA Kuester. The Department of Justice has established a hotline for individuals to report COVID-19 complaints - The National Center for Disaster Fraud (NCDF) Hotline - 1-866-720-5721 or disaster@leo.gov.

“Finally, I want to extend my gratitude and thanks for the men and women in professions that put them on the front lines of this national disaster. Without the selfless service of our law enforcement, first responders, and medical professionals, the coronavirus would have a more devastating impact on our country.”

For accurate and up-to-date information on COVID-19, please visit the CDC’s website at cdc.gov/covid19.

The Department of Justice is remaining vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.  In a memo to U.S. Attorneys, Attorney General Barr said, "The pandemic is dangerous enough without wrongdoers seeking to profit from public panic and this sort of conduct cannot be tolerated."

Be aware that criminals are attempting to exploit COVID-19 worldwide through a variety of scams.  There have been reports of:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share virus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.

Criminals will likely continue to use new methods to exploit COVID-19 worldwide.

If you think you are a victim of a scam or attempted fraud involving COVID-19, you can report it without leaving your home though a number of platforms. Go to:

• Contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov
• Report it to the FBI at www.fbi.gov/coronavirus#Report-Fraud. 
• If it's a cyber scam, submit your complaint through https://www.ic3.gov/default.aspx

For more information regarding Federal Efforts, Department of Justice Resources, and Coronavirus Fraud News, please visit the Department of Justice COVID-19 Fraud Page at https://www.justice.gov/coronavirus.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Logan Lawson Cox, age 29, of Broken Bow, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years and not more than life imprisonment, a fine up to $250,000.00, or both.

The Indictment alleged that on or about November 17, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce. 

The charges arose from an investigation by the McCurtain County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Jarrod Leaman represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the sentencing of McAlester, Oklahoma residents, Callie Marie Woolsey, age 31, and Darron Ray Aldridge, age 41, for Distribution of Heroin. Woolsey was sentenced to 188 months’ imprisonment, and 3 years of supervised release, and Aldridge to 151 months’ imprisonment, and 3 years of supervised release. They were also ordered to pay $2,539.63 in restitution.  The charges arose from an investigation by the McAlester Police Department and the Drug Enforcement Administration.   

The U.S. Attorney’s Office alleged that on December 16, 2018, in the Eastern District of Oklahoma, the defendants knowingly and intentionally distributed heroin, a Schedule I controlled substance. The Government’s case included evidence that A.B. died as a result of ingesting the heroin the defendants distributed to A.B.   

United States Attorney, Brian J. Kuester said, “When death is avoidable, as it is when caused by drug overdose, it is especially tragic. The needless loss and pain is felt by family, friends, and community. The death that led to the prosecution of these defendants was caused by heroin, an illicit opioid that has inflicted countless deaths across the country. There is no “safe” heroin. Any given dose could end a life. If you are a user please get help. If you are providing others with heroin, whether it be for profit or you think you are doing a friend a favor, stop before it is too late. The consequences are irreversible.”

“Those who distribute drugs do so for one purpose, to make a profit,” said DEA Special Agent in Charge, Eduardo A. Chávez.  “The DEA will never stop seeking justice for those who prey on others’ addictions.”
                
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings. Assistant United States Attorney Sarah McAmis represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Carl Ray Smith, age 52, of Okmulgee, Oklahoma, was sentenced to 45 months’ imprisonment, and 5 years of supervised release for Abusive Sexual Contact With A Child Under 12 Years. After Smith is released from incarceration, he must register as a convicted sex offender and participate in an approved sex offender treatment program. The charges arose from an investigation by the Henryetta Police Department, the Muscogee Creek Nation Lighthorse Police, and the Federal Bureau of Investigation.

The Indictment alleged that beginning on about May 1, 2019 and continuing until about May 25, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, a non-Indian, knowingly engaged in and caused sexual contact as defined in Title 18, United States Code, Section 2246(3), with an Indian under the age of 12 years old.

United States Attorney Brian J. Kuester said, “A courageous child spoke out to describe acts the defendant committed that no child should have to experience and as a result this investigation began. Less than a year later the defendant has been sentenced to the Bureau of Prisons and will forever be required to account for his whereabouts by registering as a sex offender. This child’s courage began the process that made a community safer.” 
                 
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Roger Christopher Simpson, age 45, of Lawton, Oklahoma, was sentenced to 33 months’ imprisonment, and 3 years of supervised release for Use Of Telephone To Make Bomb Threat, in violation of Title 18, United States Code, Section 844(e). The defendant was also ordered to pay restitution in the amount of $26,529.14. The charges arose from an investigation by the Seminole Police Department, the Seminole County Sherriff’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

On January 22, 2019 the defendant called a business in Seminole, Oklahoma and left a voicemail that said there was a bomb in a car parked in the parking lot of the business. As a result, the facility was locked down and law enforcement agencies responded. They searched and cleared the parking lot and no bomb was located. As a result of the bomb threat, the business was closed for four hours and production halted.   

United States Attorney Brian J. Kuester said, “Bomb threats are not taken lightly. Law enforcement agencies respond in force to ensure the safety of the public. Businesses shut down to prevent injury to employees and customers. The defendant’s call caused law enforcement resources to be expended and lost time, production, and money for the business, not to mention the emotional toll on all involved. I hope his sentence will serve as a deterrent to him and a reminder to others who might be inclined to make such a call – bomb threats are no laughing matter.”
                
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Rusty Shawn Summit, age 38, of Kingston, Oklahoma, was sentenced to 33 months’ imprisonment, and 3 years of supervised release for Wire Fraud, in violation of Title 18, United States Code, Sections 1343 and 2. Summit was also ordered to pay total restitution of $410,981.08. The charges arose from an investigation led by the United States Secret Service and the District 19 District Attorney’s Office. Assistance was also provided by the Marshall County Sheriff’s Office, and District Attorney Districts 20 and 6. 

The Indictment alleges that from on or about May 27, 2016, to on or about March 7, 2017, in the Eastern District of Oklahoma and elsewhere, the defendant, devised a scheme to obtain money and property from others by means of materially false and fraudulent pretenses, representations and promises. The defendant entered into construction contracts with customers promising to construct metal buildings. He required customers to pay sums of money prior to beginning construction and require additional sums of money prior to completion of construction. Defendant would not complete the project or partially complete it using substandard materials and workmanship. He spent money received from customers on items unrelated to the construction contracts. 

United States Attorney Brian J. Kuester said, “The defendant’s greedy scheme targeted and took advantage of unsuspecting victims, depriving them of tens of thousands of their hard earned dollars. His fraudulent business dealings spanned many counties in Oklahoma and Texas. I applaud the work of the law enforcement agencies that worked together to bring the defendant to justice. Because of the multi-agency effort, the defendant’s predatory conduct has been stopped.”

Glenn Dennis, United States Secret Service Special Agent in Charge Oklahoma City Field Office said, “This defendant was successfully brought to justice through a strong partnership between the US Secret Service and Investigators from the District Attorney’s Office in the 19th District of OK as well as support from the Marshall County Sheriff’s Office and the District Attorney in Districts 6 and 20. This case illustrates how complex criminal frauds can quickly victimize multiple individuals and businesses with hundreds of thousands of dollars in losses. Strong Task Force partnerships effectively bring resources from agencies with specialized skillsets to bear in combating criminals who seek to damage citizens and businesses of Oklahoma.”
                
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the March 2020 Federal Grand Jury.

The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court.  Federal prison sentences are non-parolable.

PABLO GEOVANNI AGUIRRE-RODRIGUEZ, age 37, of El Salvador
Possession With Intent To Distribute Methamphetamine
Possession Of Firearm In Furtherance Of Drug Trafficking Crime
Illegal Reentry Of Previously Removed Alien
Possession Of A Firearm By A Prohibited Person 

The Indictment alleges that on or about December 19, 2019, in the Eastern District of Oklahoma, the defendant, PABLO GEOVANNI AGUIRRE-RODRIGUEZ, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years and not more than 40 years imprisonment, a fine up to $5,000,000.00, or both.

The Indictment further alleges that on or about December 19, 2019, in the Eastern District of Oklahoma, the defendant, PABLO GEOVANNI AGUIRRE-RODRIGUEZ, did knowingly possess a firearm, to wit: one Tristar 9mm caliber semi-automatic pistol, serial number 13AF00837; in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00, or both.

The Indictment further alleges that on or about December 19, 2019, in the Eastern District of Oklahoma, the defendant, PABLO GEOVANNI AGUIRRE-RODRIGUEZ, an alien, was found in the United States after having been removed therefrom on or about April 10, 2013 at or near Phoenix, Arizona, and not having obtained the express consent of the Secretary of Homeland Security to reapply for admission to the United States; in violation of Title 8, United States Code, Section 1326(a), punishable by not more than 2 years imprisonment, a fine up to $250,000.00, or both.

The Indictment further alleges that on or about December 19, 2019, in the Eastern District of Oklahoma, the defendant, PABLO GEOVANNI AGUIRRE-RODRIGUEZ, knowing that he was an alien illegally and unlawfully in the United States, did knowingly possess a firearm, to wit: one TriStar 9mm caliber semi-automatic pistol, serial number 13AF00837, and said firearm having been shipped and transported in interstate commerce; in violation of Title 18, United States Code, Sections 922(g)(5)(a) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Wagoner County Sheriff’s Office and the Department of Homeland Security - Homeland Security Investigations. 

Assistant United States Attorney Ryan Conway

ROBERT L. LEMONS, age 32, of Idabel, Oklahoma
Felon In Possession Of Firearm & Ammunition

The Indictment alleges that on or about January 13, 2019, in the Eastern District of Oklahoma, the defendant, ROBERT L. LEMONS, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e)(1), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Idabel Police Department, the McCurtain County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Ben Gifford

JOHN COLE HAEBERLE, age 23, of Tahlequah, Oklahoma
Arson

The Indictment alleges that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, JOHN COLE HAEBERLE, maliciously damaged and destroyed, and attempted to damage and destroy, by means of fire and explosive materials, a building which was used in any activity affecting interstate commerce, to-wit: the Garden Walk Apartments located at 18106 W. 794 Road, APT 40B, Tahlequah, Oklahoma, in violation of Title 18, United States Code, Section 844(i), punishable by not less than 5 years and not more than 20 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Cherokee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Jarrod Leaman

JOHN LEROY PRUITT III, age 42, of Braggs, Oklahoma
Possession Of Unregistered Firearm (Destructive Device)

The Indictment alleges that on or about January 8, 2020, in the Eastern District of Oklahoma, the defendant, JOHN LEROY PRUITT III, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record, in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, punishable by not more than 10 years imprisonment, a fine up to $10,000,000.00, or both.

The charges arose from an investigation by the Muskogee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Dean Burris

BRENT ALLEN HAIRE, age 42, of Muskogee, Oklahoma
Possession With Intent To Distribute Methamphetamine
Possession Of Firearms In Furtherance Of Drug Trafficking Crime
Felon In Possession Of Firearms   

The Indictment alleges that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, BRENT ALLEN HAIRE, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years and not more than 40 years imprisonment, a fine up to $5,000,000.00, or both.

The Indictment further alleges that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, BRENT ALLEN HAIRE, did knowingly possess firearms in the furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00, or both.

The Indictment further alleges that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, BRENT ALLEN HAIRE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, firearms which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Muskogee Police Department and the Drug Enforcement Administration.

Assistant United States Attorney Ryan Conway

HURLEY DEWAYNE PITTS, age 46, of Tahlequah, Oklahoma
Felon In Possession Of Firearm & Ammunition
Influencing Federal Official By Threatening Family Member

The Superseding Indictment alleges that on or about January 18, 2020, within the Eastern District of Oklahoma, the defendant, HURLEY DEWAYNE PITTS, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both. However, should the court determine that the defendant is an armed career criminal - imprisonment of not less than 15 years, a fine up to $250,000.00, or both.

The Superseding Indictment further alleges that on or about February 22, 2020, within the Eastern District of Oklahoma, the defendant, HURLEY DEWAYNE PITTS, did threaten to assault, kidnap, and murder the immediate family members of T.C., a Task Force Officer for the Federal Bureau of Investigation, with intent to impede, intimidate, and interfere with T.C. while he was engaged in the performance of his official duties, and to retaliate against T.C. on account of the performance of his official duties, in violation of Title 18, United States Code, Sections 115(a)(1)(A) and 115(b)(4), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The charges arose from an investigation by the Tahlequah Police Department and the Federal Bureau of Investigation.

Assistant United States Attorney Clay Compton

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David William Wilcox, age 48, of Muskogee, Oklahoma, entered a guilty plea to Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.

The Indictment alleged that from on or about October 21, 2018, until on or about September 16, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of North Dakota on or about January 27, 2014, for Felony Sexual Assault, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.

The charges arose from an investigation by the Muskogee Police Department and the United States Marshals Service. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Sarah McAmis represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Edward Shontel Beattie, age 47, of Los Angeles, California, entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both.

The Indictment alleged that on or about August 5, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. 

The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Jarrod Leaman represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Yanexy Ricardo Garcia, age 33, of Miami, Florida, was sentenced to time served and 4 years of supervised release for Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 1343. The charges arose from an investigation by the Chickasaw Lighthorse Police Department and the United States Secret Service. 

The Superseding Indictment alleged in Count One that from November 2017 to March 27, 2018, in the Eastern District of Oklahoma and elsewhere, the defendant knowingly and willfully conspired and agreed with other persons, known and unknown to the Grand Jury, to commit an offense of Wire Fraud. The conspiracy involved a scheme whereby the defendant and others used gas skimming devices to obtain bank account information, which included individual credit or debit card numbers, names of account holders assigned to those numbers, and personal identification numbers. 

“The use of skimming devices to steal credit card information is not a new trend, but the devices used today are more difficult to detect. There are precautions we should all take to protect our credit and bank card information from thieves using skimming devices. For example, before using a gas pump, make sure the panel is closed and doesn’t show signs of tampering. Many pumps now have a security seal. If the seal is broken, don’t use that pump,” United States Attorney Brian J. Kuester said.  “Awareness that thieves are using this technology and exercising caution before using your credit card at the pump or at ATM’s are important to help us avoid being victims of this type of criminal scheme.” 

Glenn Dennis, United States Secret Service Special Agent in Charge Oklahoma City Field Office said, “The use of emerging technology to steal personal identification and credit card data from gas pumps and other points of sale is an ongoing threat to commerce and presents a unique challenge for law enforcement. Key partnerships between police agencies like the Chickasaw Nation Lighthorse Police Department and the US Secret Service result in the successful pursuit and prosecution of criminal organizations engaging in these types of complex cyber enabled financial frauds that affect Oklahoma’s citizens and visitors alike.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Shannon Henson represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Robbie Lee Holmes, age 31, of Bunch, Oklahoma, was sentenced to 80 months’ imprisonment, and 5 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Section 846. The charges arose from an investigation by the Tahlequah Police Department, the Cherokee County Sheriff’s Office, the Sequoyah County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Superseding Indictment alleged that beginning in or about September 2017, and continuing up to and including the date of the Superseding Indictment, within the Eastern District of Oklahoma and elsewhere, the Defendant knowingly and intentionally conspired and agreed with others to possess with intent to distribute and distribute methamphetamine, a Schedule II controlled substance. 

United States Attorney Brian J. Kuester said, “Hundreds of people die every year in Oklahoma as a result of methamphetamine. That is why local, state, tribal and federal law enforcement agencies continue to diligently pursue drug trafficking organizations responsible for delivery and distribution of this deadly drug in Oklahoma and throughout the country. Because of successful multi-agency investigations like this one, we continue to identify the distribution networks and organizations that deliver the drugs and the tragic outcomes that follow.”

”The availability of illegal drugs and guns lends to increased violent crime in our communities,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “ATF is committed to disrupting that cycle through collaborative investigations like this.”   
                 
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Shannon Henson represented the United States. 

MUSKOGEE, OKLAHOMA – Henri Michelle Piette, who had been found guilty by a federal jury on June 6, 2019, was sentenced on February 20, 2020, to life imprisonment for Kidnapping, and 360 months for Traveling With Intent to Engage in Sexual Acts With a Juvenile. His sentenced included a $50,000 fine and restitution to the victim in the amount of $50,067.00. 

During the trial, prosecutors presented evidence that the defendant had kidnapped the victim, who was 12 at the time, from Poteau, Oklahoma, in 1997 where she had been living with her mother, who had been in a relationship with the defendant. Over the course of the nearly 20 years that followed, the defendant repeatedly raped and inflicted additional physical and emotional abuse upon the victim. The victim gave birth to nine children, the first being born in 2000 when she was 15 years old. In July 2016 the victim was able to escape with her children to the United States Consular General Offices in Nogales, Mexico. The Federal Bureau of Investigation was notified and the investigation began.

The investigation revealed, and the victim testified at trial, that the defendant had moved her and their children dozens of times within the United States and Mexico. The Defendant used numerous aliases and forced the victim to use aliases, dye her hair, and wear glasses to change her appearance. He controlled the victim by extreme violence, threats of violence, and sexual abuse against her and her children.

Assistant United States Attorneys Sarah McAmis and Edward Snow represented the United States during the trial. The investigation was led by the Federal Bureau of Investigation, with assistance from the United States Department of State Diplomatic Security Service, and the District Attorney’s Office for Oklahoma’s 27th Prosecutorial District.

“Life in prison is a sentence the law reserves for the most serious offenders – offenders like Henri Michelle Piette. For 20 years he inflicted extreme physical and emotional abuse on the victim and her children. For 20 years she feared for her and her children’s lives,” said United States Attorney Brian J. Kuester. “The victim’s courage ended the defendant’s reign of terror. Unfortunately, the horrific memories may very well last a life time.  It is fitting that the defendant’s sentence will also.”

“For over 20 years Henri Piette inflicted immeasurable harm upon his victims.  We hope today’s sentencing provides closure to the victims and an opportunity to heal," said Melissa Godbold, Special Agent in Charge of the FBI Oklahoma City Division.  "The FBI would like to thank our law enforcement partners for their dedication and efforts on this investigation.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Troy Gene Duchesne, age 29, of Tahlequah, Oklahoma, entered a guilty plea to Felon in Possession of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both. 

The Indictment alleged that on or about September 26, 2019, within the Eastern District of Oklahoma, the defendant, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce. 

The charges arose from an investigation by the Tahlequah Police Department and the Federal Bureau of Investigation. 

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Ben Gifford represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Charles P. Hendricks, age 32, of McAlester, Oklahoma, entered a guilty plea to Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00 or both. 

The Indictment alleged that from in or about April, 2017, the exact date being unknown to the Grand Jury, and continuing until on or about June 26, 2019, within the Eastern District of Oklahoma and elsewhere, the Defendant, did knowingly and intentionally combine, conspire, confederate and agree with others, known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 841(a)(1) & 841(b)(1)(A), as follows: to distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance. 

The charges arose from an investigation by the Tahlequah Police Department, the Cherokee County Sheriff’s Office, the Sequoyah County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Edward Douglas Jacome, age 31, of Henryetta, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The Indictment alleged that on or about December 2, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce. 

The charges arose from an investigation by the Okmulgee County Sheriff’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime. PSN is an initiative led and coordinated by the United States Attorney’s Office.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Special Assistant United States Attorney David Youll represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Gerome William Davis, age 22, of Beggs, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The Indictment alleged that on or about December 2, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce a firearm, which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime. PSN is an initiative led and coordinated by the United States Attorney’s Office.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Special Assistant United States Attorney David Youll represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Haskell Doak Willis, age 65, of Tahlequah, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both. 

The Indictment alleged that on or about August 26, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce. 

The charges arose from an investigation by the Tahlequah Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Judith Gay Jackson, age 70, of Sallisaw, Oklahoma, entered a guilty plea to Misprision of a Felony, in violation of Title 18, United States Code, Section 4, punishable by not more than 3 years imprisonment, a fine up to $250,000.00 or both.

The Information alleged that between on or about October 9, 2018 and January 7, 2019, in the Eastern District of Oklahoma, the defendant, having knowledge of the actual commission of a felony cognizable by a court of the United States, did conceal the same by destroying a packet of counterfeit United States Federal Reserve Notes, and did not as soon as possible make known the same to some judge or other person in civil or military authority under the United States. 

The charges arose from an investigation by the Sallisaw Police Department and the United States Secret Service. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.   

Assistant United States Attorney Clay Compton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jakeyvious Dune Lee Key, age 19, and  Damarea Wayne Bell, age 19, both residents of Muskogee, Oklahoma, entered guilty pleas to one count each of Stealing a Firearm From a Federal Firearms Licensed Dealer, in violation of Title 18, United States Code, Sections 924(m) and 2, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that from on or about July 24, 2019, within the Eastern District of Oklahoma, the defendants, did knowingly steal, from a federal firearms licensed dealer, a firearm, to-wit: one (1) Ruger .357 caliber revolver. 

The charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of the presentence investigation reports.   

Assistant United States Attorney Ryan Conway represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Christopher Don Jackson, age 44, of Sallisaw, Oklahoma, entered a guilty plea to Conspiracy, in violation of Title 18, United States Code, Section 474, punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both; and to Possession of Counterfeit Obligation of the United States, in violation of Title 18, United States Code, Sections 474(a) and 2, punishable by not more than 25 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that beginning in or about July 2018, and continuing until on or about the 7th day of January, 2019, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and intentionally conspire, confederate and agree with others, others both known and unknown to the grand jury, to commit offenses against the United States in violation of Title 18, United States Code, Section 474, namely, Possession of Counterfeit Obligations of the United States. 

The Indictment further alleged that on or about October 9, 2018, in the Eastern District of Oklahoma, the Defendant, did knowingly have in his possession and custody, with intent to sell or otherwise use, a falsely made and counterfeited one (1) fifty-dollar Federal Reserve Note, made after the similitude of obligations issued under the authority of the United States, in violation of Title 18, United States Code, Sections 474(a) and 2. 

The charges arose from an investigation by the Sallisaw Police Department and the United States Secret Service. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.   

Assistant United States Attorney Clay Compton represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stanley Colin Moldenhauer, age 39, of Plano, Texas, entered a guilty plea to Transmitting a Threatening Communication in Interstate Commerce, in violation of Title 18, United States Code, Section 875(c), punishable by not more than 5 years imprisonment, a fine up to $100,000.00, or both. 

The Indictment alleged that on or about May 4, 2019, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and willfully transmit in interstate commerce, communications containing a threat to injure a person. 

The charges arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.  

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.   

Assistant United States Attorney Sarah McAmis represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Mandrell Ray Roberts, a/k/a "TUFFY", age 68, of Okmulgee, Oklahoma, entered a guilty plea to two counts of Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1153, 2244(a)(5), and 2246(3), punishable by not more than life imprisonment, a fine up to $250,000.00, or both for each count. 

The Indictment alleged in two separate counts that beginning in or about July 2018, and continuing until on or about July 31, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, knowingly engaged in sexual contact with two people who had not attained the age of 12 years, with an intent to arouse or gratify the sexual desire of any person.

The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police and the Federal Bureau of Investigation.

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.   

Assistant United States Attorney Sarah McAmis represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Wayne Jenkins, age 41, of Lothian, Maryland, entered a guilty plea to Possession Of Firearm In Furtherance Of Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about June 1, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly possess a firearm in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States. 

The charges arose from an investigation by the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.   

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Aaron Robert Schupp, age 36, of Broken Arrow, Oklahoma, entered a guilty plea to Making Counterfeit Obligation, in violation of Title 18, United States Code, Section 471, punishable by not more than 20 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that beginning in or about September 2018, and continuing until on or about September 17, 2019, in the Eastern District of Oklahoma, the Defendant, with intent to defraud, did falsely make, forge, counterfeit and alter an obligation of the United States, that is, fifteen (15) falsely made, forged, counterfeited and altered twenty-dollar Federal Reserve Notes, and six (6) falsely made, forged, counterfeited and altered one-hundred-dollar Federal Reserve Notes. 

The charges arose from an investigation by the United States Secret Service. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.   

Assistant United States Attorney Clay Compton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Robert Leroy Dennington, age 36, of Wagoner, Oklahoma, was sentenced to 39 months’ imprisonment, and 3 years of supervised release for Conspiracy, in violation of Title 18, United States Code, Section 371. The charges arose from an investigation by the Wagoner Police Department and the United States Secret Service.

The Indictment alleged that beginning on or about April 12, 2019, and continuing until April 13, 2019, in the Eastern District of Oklahoma, the defendant knowingly and intentionally conspired and agreed with others both known and unknown to the grand jury, to commit offenses against the United States in violation of Title 18, United States Code, Section 472, namely, Uttering Counterfeit Obligations of the United States.

United States Attorney Brian J. Kuester said, “Counterfeiters can very quickly do a lot of harm to a community by injecting worthless currency into unsuspecting local businesses. Fortunately for the City of Wagoner and the surrounding areas an alert business owner and a prompt and thorough investigation by the Wagoner Police, with the assistance of the United States Secret Service, this scheme came to an abrupt halt.”

United States Secret Service Special Agent in Charge Glenn M. Dennis said, “The US Secret Service relies on our close partnership with state and local agencies like the Wagoner Police Department in the ongoing effort to suppress counterfeit currency. Counterfeiting affects all levels of commerce both locally and internationally but can be especially devastating to small business where a significant loss can cripple an operating budget. Effective law enforcement partnerships leading to successful prosecution sends a strong message that our community will not tolerate these type of criminal offenses.”    

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dallas Mitchell Duflot, age 24, of Kingston, Oklahoma, entered a guilty plea to Theft Of Mail, in violation of Title 18, United States Code, Section 1708, punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment alleged that on or about December 25, 2019, in the Eastern District of Oklahoma, the defendant, did steal and take mail from and out of an authorized depository for mail matter. 

The charges arose from an investigation by the Madill Police Department, the Marshall County Sheriff’s Office, and the United States Postal Inspection Service. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Jarrod Leaman represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bobby Garman, age 38, of Talihina, Oklahoma, entered a guilty plea to Distribution Of Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, a fine up to $1,000,000.00, or both; and to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 20 years and not more than life imprisonment, a fine up to $10,000,000.00, or both.

The Indictment alleged that on or about February 8, 2019, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. 

The Indictment further alleged that on or about August 26, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. 

The charges arose from an investigation by the Oklahoma Highway Patrol, the District 16 Drug Task Force, and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control. 

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
 

MUSKOGEE, OKLAHOMA – The United States Attorneys from Oklahoma share Attorney General William Barr’s concerns with sanctuary policies in some cities across our nation expressed yesterday at the National Sheriff’s Association conference.  (See remarks here) U.S. Attorney Timothy J. Downing, Western District of Oklahoma; U.S. Attorney Brian J. Kuester, Eastern District of Oklahoma; U.S. Attorney R. Trent Shores, Northern District of Oklahoma; and U.S. Homeland Security, Immigration and Customs Enforcement (ICE) Dallas Field Office Director Marc J. Moore collectively make the following statement:

Sanctuary city policies, however well intended, are misleading, uninformed, and detrimental to public safety. In reality, only criminals find sanctuary in sanctuary cities.

In partnership with the Field Office Director of Immigration and Customs Enforcement, we want to express our gratitude to the state, tribal, and local law enforcement authorities throughout Oklahoma that partner with federal agencies to improve public safety by enforcing federal immigration laws that were passed by Congress. These collaborative law enforcement relationships make Oklahomans safer by ensuring that dangerous criminals who are also unlawful aliens in our country are held accountable and removed from our communities.

Law enforcement agencies in Oklahoma understand that effective law enforcement includes immigration enforcement. However, there is a growing public-safety concern that sanctuary city policies seen in other states could find a foothold here in Oklahoma.  

Despite claims to the contrary, so-called sanctuary policies do not protect illegal immigrants who came to our country but have otherwise been peaceful and productive members of society. Rather, the express purpose of sanctuary policies is to shelter illegal aliens whom local law enforcement have already arrested for other crimes. In short, sanctuary policies protect criminals and hurt immigrant communities.
Over the past year in Oklahoma, the vast majority of illegal aliens who have faced federal criminal charges and potential deportation have been previously convicted of felony offenses.  Examples of those felony convictions include:

• Aggravated sexual assault of a child under 14 years of age
• Failure to register as a convicted sex offender
• Assault and battery with a dangerous weapon- automobile
• Assault and battery with dangerous and deadly weapons
• Battery with serious bodily injury
• Aggravated assault on a peace officer
• Domestic assault and battery
• Domestic assault and battery by strangulation 
• Domestic assault and battery with a dangerous weapon
• Domestic assault and battery in the presence of a minor
• Possession of illegal drugs
• Possession of drugs with intent to distribute (heroin, crack, cocaine, methamphetamine and more) 
• Money laundering
• Trafficking of illegal drugs
• Attempted armed robbery
• Driving under the influence of alcohol or drugs
• Conspiring to perform an act of violence

Individuals who engage in criminal activity, regardless of their immigration status, pose a danger in every community.

When state or local jurisdictions have custody of known or suspected illegal aliens, federal law enforcement may issue a detainer – a formal request to hold that criminal – so it can take appropriate action, including deportation, following the conclusion of the immigrant’s pending state proceeding.  Honoring detainers is not anti-immigrant; rather, honoring detainers is anti-criminal and critical to protecting all Oklahomans, including immigrants.

The fact of the matter is that when sanctuary jurisdictions ignore lawful detainers, they release criminal aliens onto the street. These catch and release policies imperil the safety of every person in a community. Moreover, it puts into harm’s way law enforcement officers who are often tasked with locating released criminal aliens and executing arrest warrants.  Importantly for Oklahomans, the consequences of sanctuary city policies do not exclusively impact sanctuary jurisdictions.  Indeed, known criminal aliens released into so called “sanctuary cities” have traveled to neighboring jurisdictions, where they have committed heinous, violent crimes. 

For these reasons, we stand with Attorney General Barr in his rejection of sanctuary city policies. We support Oklahoma’s immigrant communities and look forward to working with them to improve public safety. As such, we will continue working with our law enforcement partners and community leaders to hold accountable all criminals who violate our laws and harm our communities.

- U.S. Attorney Timothy J. Downing, Western District of Oklahoma
- U.S. Attorney Brian J. Kuester, Eastern District of Oklahoma
- U.S. Attorney R. Trent Shores, Northern District of Oklahoma
- Field Office Director Marc J. Moore, U.S. Homeland Security, Immigration and Customs Enforcement (ICE) Dallas Field Office
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nathaniel Nathan Nash, Jr., age 18, of Holdenville, Oklahoma, was sentenced to 15 months’ imprisonment and 3 years of supervised release for Theft Of A Firearm From A Federal Firearms Licensee’s Inventory, in violation of Title 18, United States Code, Sections 922(u) and 924(i)(1). Nash was also ordered to pay total restitution of $1,817.19. The charges arose from an investigation by the Holdenville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Indictment alleged that on April 10, 2019, within the Eastern District of Oklahoma, the defendant knowingly stole, took, and carried away from Easy Pawn Shop, the premises of a person licensed to engage in the business of importing, manufacturing, and dealing in firearms, a firearm in the licensee’s business inventory which had been shipped and transported in interstate commerce.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States. 
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neal Lee Morris, age 43, of Ada, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both. 

The Indictment alleged that on or about June 21, 2019, within the Eastern District of Oklahoma, the defendant, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce. 

The charges arose from an investigation by the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.    

Assistant United States Attorney Clay Compton represented the United States.