Eastern District of Oklahoma

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that DIXIE ANN MORPHIS, age 36, of Sayre, Oklahoma, pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii).

The charge arose from an investigation by the McAlester Police Department and the Drug Enforcement Administration.

The Indictment alleges that on or about December 5, 2015, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute fifty (50) grams or more of methamphetamine (actual), a Schedule II controlled substance.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

The statutory range of punishment is not less than 10 years or more than Life imprisonment, up to a $10,000,000.00 fine or both.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that HARVEY LEE STONE, age 52, of Ferris, Texas, pled guilty to FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The charge arose from an investigation by the Choctaw Nation Tribal Police, the Durant Police Department and the Federal Bureau of Investigation.

The Indictment alleges that on or about January 23, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

The statutory range of punishment is not more than 10 years imprisonment, up to a $250,000.00 fine or both.

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 DAVID ALLEN EDWARDS, age 69, of Muskogee, Oklahoma, was sentenced to 37 months imprisonment, followed by 3 years of supervised release and a $300 special assessment fee for WIRE FRAUD, in violation of Title 18, United States Code, Section 1343; TAX FRAUD, in violation of Title 26, United States Code, Section 7206(1) and FAILURE TO ACCOUNT FOR AND PAY EMPLOYMENT TAXES OWED, in violation of Title 26, United States Code, Section 7202.

It was also ordered that the defendant pay restitution in the amounts of $143,272.88 to Children’s Clinic, PLLC; $18,000.00 to Ron Wright and $534,342.90 to the Internal Revenue Service.

The charges arose from an investigation by the Muskogee Police Department, the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation Division.

The Information filed on July 6, 2015, alleged that on or about January 9, 2014, within the Eastern District of Oklahoma and elsewhere, the defendant devised and intended to devise a scheme and artifice to defraud Children's Clinic, PLLC to obtain money and property in the amount of $403,307.09 by means of materially false and fraudulent pretenses, representations and promises.

Further investigation revealed that on or about June 2, 2011, the defendant willfully made and subscribed a false 2010 Form 1040, U.S. Individual Income Tax Return, which contained and was verified by a written declaration that it was made under the penalties of perjury, and which he did not believe to be true and correct as to every material matter, in that he knowingly reported a false Adjusted Gross Income by failing to report $116,610.00 in additional income that was fraudulently obtained from Children’s Clinic, PLLC.

Agents also discovered that Office Medic, Inc., which is owned and operated by the defendant, withheld payroll taxes from its employees' paychecks, including federal income taxes, Medicare and social security taxes but failed to send $534,342.09 in withholdings to the Internal Revenue Service.

The Honorable Frank H. Seay, Senior District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.  The defendant will report to the Bureau of Prisons on April 8, 2016, where he will serve his nonparoleable sentence.

First Assistant United States Attorney Doug Horn represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the March 2016 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.”

 

CHARLES ALBERT GRINDLE, age 42, of Muskogee, Oklahoma

Failure To Register As Sex Offender

The Indictment alleges that from in or October 2014 to on or about January 26, 2016, in the Eastern District of Oklahoma, and elsewhere, CHARLES ALBERT GRINDLE, defendant herein, 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 Texas on or about August 25, 1997, for the felony offense of Aggravated Sexual Assault to a Child, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act. 

The charge arose from an investigation by the United States Marshals Service.  The charge is in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable not more than 10 years imprisonment; up to a $250,000.00 fine or both.

Assistant United States Attorney Edward Snow

 

CHARLES BLAIR SMALLWOOD, age 24, of Durant, Oklahoma

Theft By Officers Or Employees Of Gaming Establishment On Indian Lands

The Indictment alleges that from in or about December 2014, to on or about August 17, 2015, in the Eastern District of Oklahoma, CHARLES BLAIR SMALLWOOD, defendant herein, while an employee of the Choctaw Nation Casino and Resort, in Indian Country did embezzle, abstract, purloin, willfully misapply, and take and carry away with intent to steal any moneys, funds, assets, or other property in excess of $1,000.00 belonging to the Choctaw Nation Casino and Resort, an Indian gaming establishment operated by the Choctaw Nation of Oklahoma pursuant to an ordinance or resolution approved by the National Indian Gaming Commission. 

The charges arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation. The charge is in violation of Title 18, United States Code, Section 1168(b), punishable by not more than 20 years imprisonment; up to a $1,000,000.00 fine or both.

Assistant United States Attorney Kristin Harrington

 

JADE LaRUE OBREGON, age 38, of Sallisaw, Oklahoma

Wire Fraud
Mail Fraud
Theft Of Federal Program Funds

The Indictment alleges that on or about December 29, 2010, through January 28, 2013, in the Eastern District of Oklahoma, JADE LaRUE OBREGON, defendant herein, knowingly, and with the intent to defraud, devised and executed a scheme to defraud Sequoyah Memorial Hospital by ordering excess Durable Medical Equipment, including diabetic test strips, and selling the same to outside customers without Sequoyah Memorial Hospital’s approval and did so with a PayPal debit card that was ordered on May 12, 2012, by the defendant, through the mail and directed the card to be delivered to her address.  The Indictment further alleges that on or about January 1, 2012, and continuing through December 31, 2013, in the Eastern District of Oklahoma and elsewhere, the defendant, being an agent of Sequoyah Memorial Hospital, said organization receiving in the one year period beginning January 1, 2012, benefits in excess of $10,000 from federal health care programs, embezzled, stole, obtained by fraud, and knowingly converted to the use of a person not the rightful owner, property worth at least $5,000 and owned by such organization, that is diabetic test strips. 

The charges arose from an investigation by the Federal Bureau of Investigation.  The charges are in violation of Title 18, United States Code, Section 1343, punishable by up to 20 years imprisonment, up to a $250,000.00 fine or both; Title 18, United States Code, Section 666(a)(1)(A), punishable by up to 10 years imprisonment, up to a $250,000.00 fine or both and Title 18, United States Code, Section 1341, punishable by up to 20 years imprisonment, up to $250,000.00 fine or both.

Assistant United States Attorney Melody Nelson

 

CHARLES RAY BENEFIELD, age 32, of Muskogee, Oklahoma

Felon In Possession Of Firearm
Felon In Possession Of Ammunition

The Indictment alleges that on or about December  30, 2015, within the Eastern District of Oklahoma, the defendant, CHARLES RAY BENEFIELD, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce. 

The charge arose from an investigation by the Federal Bureau of Investigation, Violent Crime Task Force.  The charge is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.

Assistant United States Attorney Tim Hammer

 

EDWARD ROBERT SALDANA II, age 29, of Muldrow, Oklahoma

Felon In Possession Of Firearm
Possession Of Methamphetamine And Oxycodone With Intent To Distribute
Possession Of Firearm In Furtherence Of A Drug Trafficking Crime

The Superseding Indictment alleges that on or about December 10, 2015 and January 5, 2016, within the Eastern District of Oklahoma, the defendant, EDWARD ROBERT SALDANA II, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce.  The Indictment further alleges that on or about December 10, 2015, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine and a mixture or substance containing a detectable amount of Oxycodone, Schedule II controlled substances and did so while possessing a firearm. It’s further alleged that on or about January 5, 2016, in the Eastern District of Oklahoma, the defendant knowingly and intentionally possess with intent to distribute five (5) grams or more of methamphetamine (actual), a Schedule II controlled substance. 

The charges arose from an investigation by the Sallisaw Police Department, the Sequoyah County Sheriff’s Department and the Drug Enforcement Administration.  The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both; Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C) and 841(b)(1)(B)(viii), punishable by not less than 5 years or more than 40 years imprisonment, a fine of up to $5,000,000.00 or both and Title 18, United States Code, Section 924(c), punishable by not less than 25 years imprisonment, to be served consecutively, up to a $250,000.00 fine or both.

Assistant United States Attorney Dean Burris

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that  MALCOLM DEWAYNE ELLIS, age 38, of McAlester, Oklahoma pled guilty 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, up to a $250,000.00 fine or both.

The charge is a result of an investigation by the McAlester Police Department.  The defendant was indicted in January, 2016.

The Indictment alleged that on or about April 6, 2015, within the Eastern District of Oklahoma, the defendant, MALCOLM DEWAYNE ELLIS, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit: One (1) Bersa, Model Mini 9 Firestorm, 9mm caliber semi-automatic pistol, serial number 621726, manufactured in Argentina, Imported by “RSA Enterprises INC”, which had been shipped and transported in interstate commerce.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

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 BRANDON JAMES DEAN, age 33, of Porter, Oklahoma, was sentenced to 15 months imprisonment, followed by 36 months of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Section 922(g)(1) & 924(a)(2).

The charges arose from an investigation by Wagoner County Sheriff’s Office and the Federal Bureau of Investigation – Violent Crimes Task Force.

The Indictment alleged that on or about May 24, 2015, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.

The Honorable Ronald A. White, 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.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that LONNIE DALE JOHNSON, age 58, of Durant, Oklahoma, was sentenced to 2 years of probation and was ordered to pay $49,570 in restitution for BANK THEFT, EMBEZZLEMENT & MISAPPLICATION, in violation of Title 18, United States Code, Section 656.

The charges arose from an investigation by Federal Bureau of Investigation.

The Information alleged that from in or about 2005, the exact date unknown, until on or about May 28, 2015, in the Eastern District of Oklahoma, the defendant, being an officer, director, agent, or employee of, or connected in a capacity with, First Texoma National Bank of Durant, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud the said First Texoma National Bank of Durant, Oklahoma, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets or securities entrusted to the custody or care of First Texoma National Bank of Durant, Oklahoma, in that the defendant withdrew cash from the vault of the bank and misapplied, embezzled, abstracted and purloined the funds for his own use or benefit.

The Honorable Ronald A. White, 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.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that WILLIAM LYNN BURROUGH, age 45, of Spiro, Oklahoma, was sentenced to 168 months imprisonment, followed by 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 (b)(1)(A).

The charge arose from an investigation by the Sequoyah County Sheriff’s Department and the Drug Enforcement Administration.

The Indictment alleges that on or about June 9, 2015, in the Eastern District of Oklahoma, the defendant, WILLIAM LYNN BURROUGH, did knowingly and intentionally possess with the intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

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 today that MICHAEL DANGELO JOHNSON, age 27, and LACEY SHARELL FREEMAN, age 27, both of Hugo, Oklahoma, were sentenced in federal court.

JOHNSON was sentenced to 60 months imprisonment, followed by 5 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).

FREEMAN was sentenced to 32 months imprisonment, followed by 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)(C).

The charges are a result of an investigation by the Choctaw County Sheriff’s Department and the Federal Bureau of Investigation.  The defendants were indicted in August, 2015 and pled guilty in September, 2015.

The Indictment alleged that beginning on or about June 30, 2015, in the Eastern District of Oklahoma, LACEY SHARELL FREEMAN, did knowingly and intentionally possess with the intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

It was also alleged that on or about June 30, 2015, within the Eastern District of Oklahoma, MICHAEL DANGELO JOHNSON, did knowingly possess a firearm in furtherance of a drug trafficking crime.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendants will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which they will serve their nonparoleable sentences.

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 KENNY RAY SMITH, age 52, of Whitesboro, Oklahoma, was sentenced to 60 months imprisonment, followed by 3 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)(C) and FELON IN POSSESSION OF AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The Indictment alleged that on or about February 13, 2015, in the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with the intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

It was further alleged that on or about February 13, 2015, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, ammunition which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the Oklahoma Bureau of Narcotics and the District 16 District Attorney’s Drug Task Force.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

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 today that STEVE ARBY CHANDLER, II, age 45, of Muskogee, Oklahoma, was sentenced to 30 months imprisonment, followed by 5 years of supervised release for 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).

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

The Indictment alleges that from on or about April 3, 2014 until on or about July 3, 2014, in the Eastern District of Oklahoma, and elsewhere, STEVE ARBY CHANDLER, II, defendant herein, 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 Michigan on or about January 31, 1990, for the felony offense of Criminal Sexual Conduct 2nd Degree, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

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  CARNEY SCOTT HOOD, age 26, of Hugo, Oklahoma was sentenced to 18 months imprisonment, followed by 3 years of supervised release for POSSESSION OF EXPLOSIVE WHILE UNDER INFORMATION OR INDICTMENT, in violation of Title 18, United States Code, Sections 842(i)(1), 844(a)(1) and 2. 

The Indictment alleged that in or about January 2014, within the Eastern District of Oklahoma, the defendant, while under an Information in the District Court of Choctaw County, State of Oklahoma, Case No. CF-2011-152, for a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, an explosive, to-wit: ATLAS SF Electric Blasting Caps, which had been shipped and transported in interstate commerce.

The charge was the result of an investigation by the Hugo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant was remanded into custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorneys Christopher Wilson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that  NATASHA DAWN POAFPYBITTY, age 29, of Stilwell, Oklahoma pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii), punishable by not less than 10 years imprisonment, up to a $10,000,000.00 fine or both.

The charge is a result of an investigation by the Cherokee Nation Marshals Service, the District 27 District Attorney’s Drug Task Force and the Drug Enforcement Administration.  The defendant was indicted in February, 2015.

The Indictment alleged that that on or about November 20, 2014, within the Eastern District of Oklahoma, the defendant, NATASHA DAWN POAFPYBITTY, did knowingly and intentionally possess with intent to distribute fifty (50) grams or more of Methamphetamine (actual), a Schedule II controlled substance.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

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  BUDDY KENNY ROGERS, age 36, of Sayre, Oklahoma pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C), punishable by not less than 5 years and not more than 40 years imprisonment, up to a $5,000,000.00 fine or both.

The charge is a result of an investigation by the Tulsa County Sheriff’s Office, Tahlequah Police Department and the Drug Enforcement Administration.  The defendant was indicted in November, 2015.

The Indictment alleged that that in or about June 2014 and continuing until on or about April 1, 2015, within the Eastern District of Oklahoma and elsewhere, the defendant, BUDDY KENNY ROGERS did knowingly and intentionally combine, conspire, confederate and agree together, and with others, known and unknown to commit offenses against the United States to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II controlled substance and a mixture or substance containing a detectable amount of Heroin, a Schedule I controlled substance.

Rogers was a California state inmate incarcerated within the Oklahoma Department of Corrections.  While incarcerated within the Oklahoma Department of Corrections, Rogers utilized a cellular telephone to contact others in California to coordinate the delivery of methamphetamine and heroin to others outside the prison system but within the Eastern District of Oklahoma.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

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 today that PAUL DANIEL MORRISON, age 55, of Poteau, Oklahoma, was sentenced to 3 years of probation for THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641.  MORRISON was also ordered to pay $25,955.06 in restitution.

The charge is a result of an investigation by the Department of Veterans Affairs, Office of Inspector General.  The defendant was indicted in August, 2015.

The Indictment alleged that beginning in or about December, 2011, and continuing until on or about July 9, 2013, within the Eastern District of Oklahoma, the defendant, did willfully and knowingly steal and purloin money of the Department of Veterans Affairs, a department or agency of the United States, namely, Department of Veterans Affairs Monthly Non-Service Connected Pension Benefits payments to which he knew he was not entitled, having a value in excess of $1,000.00.

The Honorable Ronald A. White, 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.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that TIMOTHY CRAIG BOXFORD, age 43, of Oklahoma City, Oklahoma, was sentenced to 262 months imprisonment, followed by 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).  Due to the defendant’s prior criminal history, BOXFORD was considered a career criminal offender, therefore enhancing his sentence.

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

The Indictment alleges that on or June 21, 2014, in the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

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

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 today that WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, age 35, of Okay, Oklahoma, was sentenced to 54 months imprisonment, followed by 3 years of supervised release for FELON IN POSSESSION OF FIREARM & AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The charges are a result of an investigation by the United States Marshals Service, the District 27 Drug Task Force and the Bureau of Alcohol, Tobacco and Firearms.  The defendant was indicted in August, 2015 and pled guilty in September, 2015.

The Indictment alleged that on or about February 26, 2015, within the Eastern District of Oklahoma, the defendant, WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.

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

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the February 2016 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.”

 

CODY McCLENDON, age 35, of Tahlequah, Oklahoma

MICHAEL LINCOLN, age 39, of Tulsa, Oklahoma

AMBER CLAPHAN, age 33, of Stilwell, Oklahoma

DONALD TRAMMEL, age 40, of Tahlequah, Oklahoma

SAMANTHA SMITH, age 21, of Muskogee, Oklahoma

TERESA CHAGOLLA, age 54, of Tahlequah, Oklahoma

JACOB MASTERS, age 54, of Tulsa, Oklahoma

NATHAN GREEN, age 27, of Hulbert, Oklahoma

Drug Conspiracy

The Indictment alleges that from in or about June 2015 and continuing up to and including January 27, 2016, in the Eastern District of Oklahoma, the defendants, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and the Distribution of 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, and 50 grams of Methamphetamine (actual), a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration.  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 charges are in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than Life imprisonment, a $10,000,000.00 fine or both.

Assistant United States Attorney Shannon Henson

 

DEAUNDRE DEANGELO CHATMAN, age 30, of Muskogee, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that on or about November 13, 2015, within the Eastern District of Oklahoma, the defendant, DEAUNDRE DEANGELO CHATMAN, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce. 

The charge arose from an investigation by the Federal Bureau of Investigation Violent Crime Task Force. 

The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable not more than 10 years imprisonment; up to a $250,000.00 fine or both.

Assistant United States Attorney Edward Snow; Special Assistant United States Attorney Shelly Harrison

 

DIXIE ANN MORPHIS, age 35, of Sayre, Oklahoma

Possession With Intent To Distribute Methamphetamine
Possession Of Firearm In Furtherance Of A Drug Trafficking Crime
Felon In Possession Of Firearm

The Indictment alleges that on or about December 5, 2015, in the Eastern District of Oklahoma, the defendant did knowingly possess with the intent to distribute more than 50 grams of methamphetamine and possessed a firearm in furtherance of a drug trafficking crime after having been convicted of a crime punishable by imprisonment for a term exceeding one year. 

The charges arose from an investigation by the McAlester Police Department and the Drug Enforcement Administration Drug Task Force.

The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii), punishable by not more than 10 years imprisonment or more than Life; up to a $10,000,000.00 fine or both and Title 18, United States Code, Section 924(c)(1)(A), punishable by not less than 5 years imprisonment and up to Life; up to a $250,000.00 fine or both and Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine of up to $250,000.00 or both.

Assistant United States Attorney Timothy Hammer

 

SCOTT MATHEW REID, age 44, of Beverly, West Virginia

Fraud And False Statements Involving Aircraft Parts
Forfeiture

The Indictment alleges that between September 14, 2012, and November 19, 2012, the exact date unknown to the Grand Jury, in the Eastern District of Oklahoma and elsewhere, the defendant knowingly and with the intent to defraud made and used a materially false writing, entry, certification, document and record concerning aircraft parts in and affecting interstate commerce.  In particular, the defendant made, caused to be made, and used false entries in a logbook regarding the left engine of a twin-engine, Beechcraft Baron aircraft that represented that the subject engine had received a major overhaul within an approximate period of the previous 300 hours of engine operation, when he knew in fact that no such major overhaul of the engine had occurred within an approximate period of the previous 1300 hours of engine operation. 

The charge arose from an investigation by the Federal Bureau of Investigation and the Department of Transportation, Office of Inspector General.

The charges are in violation of Title 18, United States Code, Sections 38(a)(1)(C) and 38(b)(1), punishable by not more than 15 years imprisonment, up to a $500,000.00 fine or both.

Assistant United States Attorney Rob Wallace

 

HARVEY LEE STONE, age 52, of Ferris, Texas

Felon In Possession Of Firearm

The Indictment alleges that on or about January 23, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce. 

The charge arose from an investigation by the Durant Police Department, the Choctaw Nation Tribal Police and the Federal Bureau of Investigation. 

The charge is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.

Assistant United States Attorney Dean Burris

 

EDWARD ROBERT SALDANA II, age 29, of Muldrow, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that on or about December 10, 2015 and January 5, 2016, within the Eastern District of Oklahoma, the defendant, EDWARD ROBERT SALDANA II, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce. 

The charges arose from an investigation by the Sallisaw Police Department, the Sequoyah County Sheriff’s Department and the Drug Enforcement Administration. 

The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.

Assistant United States Attorney Dean Burris

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that the United States District Court, after a non-jury trial, has entered judgment against JOHN DEFELICE of Tahlequah, Oklahoma, for $119,218.00, which represents a sum of Social Security benefits paid to Janet DeFelice, his mother, who went missing in northern California and has never been found.  On June 1, 2007, Mrs.Defelice wandered off from her son’s home in Templeton, California, in the middle of the night.  After a concerted search by her family and authorities, and the passing of five years, a certificate of death was issued for her by the State of California on June 1, 2012.  During those five years the money was paid into an account jointly owned by Janet DeFelice and her son, John DeFelice, by the Social Security Administration.  The Social Security Administration had not been notified that Mrs.DeFelice’s whereabouts were unknown.

This investigation that lead to this civil prosecution is an example of the work that various federal agencies, such as the Social Security Administration, do to prevent financial loss to the taxpayer through federal programs.  Federal investigative agencies present the results of their efforts to the Department of Justice, usually through the appropriate United States Attorney’s office, to be prosecuted as Affirmative Civil Enforcement (ACE) matters.  This case was a result of that effort to prevent financial loss and was prosecuted by the ACE Unit of the United States Attorney’s Office for the Eastern District of Oklahoma.

United States Attorney Mark Green stated:  “It is Important that actions like this be brought and tried to the Court, if necessary, so that money mistakenly paid out from government programs such as Social Security is recovered.”

This case was a coordinated effort by the United States Attorney’s Office for the Eastern District of Oklahoma and the Office of the Inspector General of the United States Social Security Administration.  The lawsuit is captioned United States of America  v. John DeFelice, Case No. CIV-14-415-RAW (E.D. Okla.). Assistant United States Attorney Robert Gay Guthrie represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ERIC WAYNE LOCKHART, age 30, of Muldrow, Oklahoma, was sentenced to 13 months imprisonment, followed by 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 Indictment alleged that on or about June 15, 2015, in the Eastern District of Oklahoma, the Defendant, ERIC WAYNE LOCKHART, did, through use of a telephone, make a threat to kill, injure and intimidate an individual by means of an explosive, in and affecting interstate commerce.

The charges are a result from an investigation by the Sequoyah County Sheriff’s Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant pled guilty in October, 2015.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.

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 JEREMY DAVID STARR, age 39, of McAlester, Oklahoma, was sentenced to 60 months imprisonment, followed by 4 years of supervised release for MANUFACTURE OF METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).

The Indictment alleged that on or about June 21, 2015, in the Eastern District of Oklahoma, the defendant, JEREMY DAVID STARR, did knowingly and intentionally manufacture 50 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 McAlester Police Department and the Pittsburg County Sheriff’s Department.  The defendant pled guilty in October, 2015.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.

Assistant United States Attorney Christopher Wilson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the January 26, 2016 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-paroleable.”

 

KALVIN KYLE McCOWN, age 42, of Longview, Texas a/k/a "RAINMAN"

BRIAN THOMAS GREEN, age 43, of Mount Pleasant, Texas a/k/a "COUNTRY"

TRAVIS LEE HILL, age 26, of Ore City, Texas

Kidnapping In Aid Of Racketeering
Murder In Aid Of Racketeering
Kidnapping

The Indictment alleges that on or about July 13, 2011, in the Eastern District of Oklahoma and elsewhere, the defendant and others, aiding and abetting each other, did unlawfully and willfully kidnap and murder Kenneth Earl Ayers, for the purpose of maintaining and increasing position in the Aryan Brotherhood of Texas (ABT), an enterprise engaged in racketeering activity. 

The charges are in violation of Title 18, United States Code, Sections 1959(a)(1) and 2, punishable by any term of years up to Life imprisonment, a fine of up to $250,000.00 or both; Title 18, United States Code, Sections 1959(a)(1) and 2, punishable by Death or Life imprisonment, a fine of up to $250,000.00 or both and Title 18, United States Code, Sections 1201(a)(1) and 2, punishable by any term of years up to Life imprisonment, a fine of up to $250,000.00 or both. 

The charges arose from a joint investigation by the Longview Texas Police Department, the Oklahoma State Bureau of Investigation and the Department of Homeland Security Investigations, United States Immigration and Customs Enforcement.

 

TRAVIS LEE HILL was arraigned in federal court today and entered a plea of not guilty on each charge.  The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant was remanded into the custody of the United States Marshals Service pending a jury trial scheduled for April 5, 2016.           

Assistant United States Attorney Rob Wallace represented the United States.

The following named individuals have been charged with a federal crime or crimes.  A Criminal Complaint does not constitute evidence of guilt.  A Criminal Complaint is a method of bringing 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-paroleable.

"OPERATION HOME OF THE BRAVE"

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that the following individuals were arraigned on January 27, 2016, on charges of Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A).

CODY McCLENDON, age 35, of Tahlequah, Oklahoma, MICHAEL LINCOLN, age 39, of Tulsa, Oklahoma, AMBER CLAPHAN, age 33, of Stilwell, Oklahoma, DONALD TRAMMEL, age 40, of Tahlequah, Oklahoma, SAMANTHA SMITH, age 21, of Muskogee, Oklahoma, TERESA CHAGOLLA, age 54, of Tahlequah, Oklahoma, JACOB MASTERS, age 54, of Tulsa, Oklahoma and NATHAN GREEN, age 27, of Hulbert, Oklahoma.

The Criminal Complaint filed on January 25, 2016, alleges that from in or about June 2015 and continuing up to and including the time of this Complaint, in the Eastern District of Oklahoma, the defendants, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and the Distribution of 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The Investigation revealed that Cody McClendon, an Indian Brotherhood (IBH) gang member, currently an inmate with the Oklahoma Department of Corrections in McAlester, Oklahoma was utilizing a contraband cellular phone that he kept hidden on his person and inside his prison cell to facilitate the sale and distribution of methamphetamine. McClendon was doing this by using the cellular phone to communicate with co-conspirators via audio phone calls, text messages, and by communicating on the social media website Facebook.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration.  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 Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings.  All defendants were remanded into the custody of the United States Marshals Service.

The statutory range of punishment for a violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), is not less than 10 years and not more than life imprisonment up to a  $10,000,000.00 fine or both.

Assistant United States Attorney Shannon Henson represented the United States.

“OPERATION GREEN GIANT”

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ANDREANA LYNN HILL, age 38, of Muskogee, Oklahoma was sentenced to 41 months imprisonment, followed by 4 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(B).

The Indictment alleged that the defendant and others coordinated and orchestrated the transportation of cocaine from source locations to the Eastern District of Oklahoma and used telephones, cellular and otherwise, to conduct and carry out the organization’s objectives.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Muskogee Police Department, the Muskogee County Sheriff’s Department and the United States Marshals Service.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal prison at which she will serve her nonparoleable sentence.

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 JAVONTE SHAWN ALEXANDER, age 23, of Brooklyn, New York, was sentenced to 24 months of probation for POSSESSION OF FIFTEEN OR MORE COUNTERFEIT ACCESS DEVICES, in violation of Title 18, United States Code, Sections 1029(a)(3) and 2.

The Indictment alleged that on or about April 24, 2015, within the Eastern District of Oklahoma, the defendant knowingly possessed fifteen (15) or more access devices, which were counterfeit or unauthorized access devices, with said activity affecting interstate commerce.

The charges arose from an investigation by the Oklahoma Highway Patrol and the United States Secret Service.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.

Assistant United States Attorney Melody Nelson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced KAY ANN FARROW, age 69, of Eufaula, Oklahoma, pled guilty to WIRE FRAUD, in violation of Title 18, United States Code, Section 1343, punishable by not more than 20 years imprisonment, up to a $250,000.00 fine or both.

The Indictment alleged that on or about July 11, 2014, in Eufaula, Oklahoma, in the Eastern District of Oklahoma and elsewhere, KAY ANN FARROW, for the purpose of executing the scheme, caused to be transmitted by means of wire communication in interstate commerce writings, signs, signals, pictures, and sounds. It further alleged that on or about July 16, 2014, in Eufaula, Oklahoma, in the Eastern District of Oklahoma and elsewhere, the Defendant, for the purpose of executing the scheme, caused to be transmitted by means of wire communication in interstate commerce writings, signs, signals, pictures, and sounds. A Forfeiture Allegation is also included in the Indictment.

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

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.

Assistant United States Attorney Kristin Harrington represented the United States.

DANIEL CASTRO, M.D., FORMERLY OF THE MEDICAL CENTER OF
SOUTHEASTERN OKLAHOMA, TO PAY $275,000.00 TO RESOLVE FALSE CLAIMS ACT LAWSUIT

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that DR. DANIEL CASTRO, an Otolaryngologist who practiced, from 2005 to 2010, at the Medical Center of Southeastern Oklahoma (MCSO), located in Durant, Oklahoma, has agreed to pay $275,000 to the United States and the State of Oklahoma to resolve allegations that he billed SoonerCare, the Oklahoma Medicaid Program, for surgical procedures that he performed  and related office services, that were not performed as claimed and/or were not medically necessary.  During the time in question, MCSO was owned by Healthcare Management Associates (HMA). In January of 2014, HMA was acquired by Community Health Systems, a nationwide acute care hospital chain.

United States Attorney Mark Green stated;  “It is one of our office’s highest priorities to protect the citizens of our district against unscrupulous health care providers who don’t play by the rules.  Performing unnecessary surgery not only harms patients but also wastes taxpayer dollars.  The False Claims Act is a valuable weapon in the government’s arsenal to combat these types of abuses.”

The settlement announced today resolves allegations that Dr. Castro submitted claims to SoonerCare for surgical procedures known as functional endoscopic sinus surgeries (FESS) which require no incisions on the face but instead involve the insertion of a nasal endoscope, a very thin fiber optic tube, into the nose for a direct visual examination and clearing of the openings into the sinuses. The related office services that were not performed as claimed are known as endoscopic debridements, procedures performed by an otolaryngologist following a FESS in which an endoscope, or fiber optic tube, is inserted into the nose for a thorough inspection and removal of dried blood and crusting.

In a related settlement, HMA paid the United States and the State of Oklahoma $1.5 million dollars to resolve allegations that MCSO billed SoonerCare, the Oklahoma Medicaid Program, for surgical procedures performed by Dr. Daniel Castro and related hospital services that were not medically necessary.

The allegations that the government has settled with Dr. Castro and HMA were raised in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act.  The Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery.  The whistleblower, Sandra Simmons, will receive a share of today’s settlement.  The Act also permits the government to intervene in the whistleblower’s suit, as the government did here.

This civil settlement and the government’s intervention illustrate the government’s emphasis on combating health care fraud and mark another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by then Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sibelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.

This case was a coordinated effort among the United States Attorney’s Office for the Eastern District of Oklahoma, the Civil Division of the United States Department of Justice, the Office of the Inspector General of the Department of Health and Human Services and the Office of the Oklahoma Attorney General.  The lawsuit is captioned United States ex rel. Sandra Simmons v. Health Management Associates, Inc., Durant H.M.A., LLC d/b/a Medical Center of Southeastern Oklahoma, Durant HMA Physician Management, LLC and Dan J. Castro, M.D., Case No. CIV-12-043-JHP (E.D. Okla.).

Assistant United States Attorneys Susan S. Brandon and Robert Gay Guthrie represented the United States.

The claims settled or pursued by the government are allegations only; there has been no determination of liability.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JOHN RICHARD FLOURNOY, age 47, of Coalgate, Oklahoma, pled guilty to THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641 and a FORFEITURE ALLEGATION.

The charges arose from an investigation by the Social Security Administration, Office of Inspector General.  The defendant was indicted in December 2015.

The Indictment alleged that beginning in or about February, 2011, and continuing until on or about December 23, 2013, within the Eastern District of Oklahoma, the defendant, did willfully and knowingly steal and purloin money of the Social Security Administration, a department or agency of the United States, namely, Social Security Administration Supplemental Security Income payments to which he knew he was not entitled, having a value in excess of $1,000.00.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.

Assistant United States Attorney Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that DONNIE EUGENE DREW, age 26, of Muskogee, Oklahoma, pled guilty to FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Section 922 (g)(1).

The charge arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation, Eastern District of Oklahoma Violent Crime Task Force.

The Indictment alleged that on or about January 27, 2015, within the Eastern District of Oklahoma, the defendant, DONNIE EUGENE DREW, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit:   One (1) Hopkins & Allen Arms “Safety Police”, .32 Caliber revolver handgun, which had been shipped and transported in interstate commerce.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.

The statutory range of punishment is not more than 10 years imprisonment, up to a $250,000.00 fine or both.

Assistant United States Attorney Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that DONALD RAY McCOY, Jr., age 36, of Stilwell, Oklahoma, pled guilty to Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) & 924(e)(1).

The charge arose from an investigation by the Tahlequah Police Department, District 27 Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant was indicted in December, 2015.

The Indictment alleged that on or about July 29, 2015 and continuing until July 30, 2015, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

The statutory range of punishment is not less than 15 years imprisonment, up to a $250,000 fine or both.

Assistant United States Attorney Dean Burris represented the United States.

"OPERATION GREEN GIANT"

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that KEVIN BERNARD GREEN, age 35, and ELIJAH ALFRED MAYES, JR., age 35, both of Muskogee, Oklahoma were sentenced in federal court.

GREEN was sentenced to 132 months imprisonment, followed by five years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A) and MAYES, JR., was sentenced to 120 months imprisonment, for Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(B).

The Indictment alleged that the defendants coordinated and orchestrated the transportation of cocaine from source locations to the Eastern District of Oklahoma and used telephones, cellular and otherwise, to conduct and carry out the organization’s objectives.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Muskogee Police Department, the Muskogee County Sheriff’s Department and the United States Marshal Service.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings.  The defendants will remain in the custody of the United States Marshals Service pending transportation to the designated federal prison at which they will serve their nonparoleable sentences.

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 BRITTANI M. ROSS, age 26, of Tahlequah, Oklahoma, pled guilty to an Information charging her with USE OF A COMMUNICATION DEVICE IN FURTHERANCE OF DRUG TRAFFICKING, in violation of Title 21, United States Code, Section 843(b).

The charges arose from an investigation by the Tulsa County Sheriff’s Department, Tahlequah Police Department and the Drug Enforcement Administration.

The Information alleged that on or about April 1, 2015, within the Eastern District of Oklahoma, the defendant, BRITTANI M. ROSS, knowingly, intentionally, and unlawfully used a communication facility, that is: a telephone (cellular or otherwise) in committing, causing, and facilitating acts constituting a felony under Title 21, United States Code, Section 846, in that the Defendant used a telephone to discuss various matters concerning Drug Conspiracy.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report.  Sentencing will be scheduled upon its completion.

The statutory range of punishment is not more than 4 years imprisonment, a fine of up to $250,000.00 or both.

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 today that BRIAN DWAIN JORDAN, age 40, of Wilburton, Oklahoma, was sentenced to 120 months imprisonment, followed by 3 years of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The charges are a result of an investigation by the Hartshorne Police Department, the Latimer County Sheriff’s Department and the Pittsburg County Sheriff’s Department. The defendant was indicted in August, 2015 and pled guilty in September, 2015.

The Indictment alleged that on or about June 15, 2015 and continuing to on or about June 16, 2015, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.

Assistant United States Attorney Chris Wilson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that RODNEY GENE BENNETT, age 25, of Wetumka, Oklahoma, pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 or more than 40 years imprisonment, a fine of up to $5,000,000.00 or both.

The charge is a result of an investigation by the Seminole Nation Tribal Police and the Drug Enforcement Administration. The defendant was indicted in December, 2015.

The Indictment alleged that on or about August 5, 2015, in the Eastern District of Oklahoma, the defendant, RODNEY GENE BENNETT, 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.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

Assistant United States Attorney Timothy G. E. Hammer represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ANTONIO JUAN PAREDES, age 26, of Broken Bow, Oklahoma, pled guilty to ASSAULT WITH A DANGEROUS WEAPON, in violation of Title 18, United States Code, Sections 1153, 1151 and 113(a)(3), punishable by not more than 10 years imprisonment, a fine of up to $250,000.00 or both.

The charges are a result of an investigation by the Choctaw Nation Tribal Police, the Broken Bow Police Department and the Federal Bureau of Investigation. The defendant was indicted in December, 2015.

The Indictment alleged that on or about July 21, 2012, in the Eastern District of Oklahoma, at the Choctaw Travel Plaza in Broken Bow, Oklahoma, in Indian Country, within the special maritime and territorial jurisdiction of the United States, the defendant, ANTONIO JUAN PAREDES, an Indian, assaulted M.C. with a dangerous weapon, with the intent to do bodily harm.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending sentencing.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ADRIAN MICHAEL SEAL, age 37, of Ada, Oklahoma, pled guilty to POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by up to 10 years imprisonment, a fine of up to $250,000.00 or both.

The charges are a result of an investigation by the Federal Bureau of Investigation. The defendant was indicted in December, 2015.

The Indictment alleged that between in or about October 2014 and on or about July 16, 2015, in the Eastern District of Oklahoma, the defendant, ADRIAN MICHAEL SEAL, did knowingly possess and attempt to possess matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending sentencing.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that DERRICK CASEY FRY, a/k/a Derrek Casey Fry, age 35, of Nashoba, Oklahoma, was sentenced to 50 months imprisonment and 3 year Supervised Release for ASSAULT RESULTING IN SERIOUS BODILY INJURY, in violation of Title 18, United States Code, Sections 1153, 1151 and 113(a)(6).

The charge is a result of an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.  The defendant was indicted in July, 2015 and pled guilty in August, 2015.

The Indictment alleged that from on or about the 23rd day of June, 2015, in the Eastern District of Oklahoma, in Indian Country, within the special maritime and territorial jurisdiction of the United States, the defendant, DERRICK CASEY FRY, a/k/a Derrek Casey Fry, an Indian, assaulted James Belvin, resulting in serious bodily injury.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Steven Dwight McDaniel, age 27, of Muskogee, Oklahoma, was sentenced to 35 months imprisonment and 3 years Supervised Release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The charge arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.

The Indictment alleged that on or about March 18, 2015, in the Eastern District of Oklahoma, the defendant, STEVEN DWIGHT MCDANIEL, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit: one HI-Point Firearm, Model JHP, .45 ACP caliber pistol, said firearm having been shipped and transported in interstate commerce.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that KENNETH JAMES HEBERT, a/k/a Keno, age 51, of Hugo, Oklahoma was sentenced to 63 months imprisonment and 3 years Supervised Release for being a FELON IN POSSESSION OF EXPLOSIVE, in violation of Title 18, United States Code, Sections 842(i)(1), 844(a)(1) and 2.  The jury trial began on Monday, September 21, 2015 and concluded on September 22, 2015 with the guilty verdict.

The defendant was convicted in September, 2015 by a federal jury.  The evidence at trial proved that in or about January 2014, the exact date being unknown to the Grand Jury, within the Eastern District of Oklahoma, the defendant, having been convicted in the District Court of Choctaw County, Oklahoma, for a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, an explosive, to-wit: ATLAS SF Electric Blasting Caps, which had been shipped and transported in interstate commerce.

The verdict obtained was the result of an investigation by the Hugo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshal Service pending transportation to the federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorneys Chris Wilson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that DAKOTA LANE WILLISTON, age 20, of Idabel, Oklahoma was sentenced in federal court today to life without the possibility of release in connection with the 2013 beating death of a two-year-old girl from Idabel, Oklahoma.

WILLISTON, a member of the Choctaw Nation of Oklahoma, was indicted in December 2014 with Murder in the First Degree in Indian Country Committed During the Perpetration of Child Abuse, in violation of Title 18, United States Code, Sections 1111, 1151 and 1153. After a seven-day trial in June, 2015, a federal jury deliberated approximately three and one-half hours before finding Williston guilty beyond a reasonable doubt in the unlawful killing of Payton Cockrell, a 2-year-old, non-Indian female, during the perpetration of child abuse, as defined by Title 18, United States Code, Section 1111(c)(3).

The charge arose from an investigation conducted by the Federal Bureau of Investigation, the Oklahoma State Bureau of Investigation, the McCurtain County Sheriff’s Office and the Choctaw Nation Tribal Police. The case was tried in federal court because the crime occurred at Williston’s family home located on a restricted Choctaw allotment. WILLISTON and the victim were not related.

The toddler was the daughter of WILLISTON’S live-in girlfriend.  According to testimony at trial, on the morning of July 23, 2013, WILLISTON insisted his girlfriend leave the child with him instead of taking her to day care.  The child was fine when the mother left for work and the child remained in the sole care of WILLISTON.   At about noon, Williston and his family called 911 when he claimed he awoke to find the child unresponsive.  The child was pronounced dead shortly after arriving at the hospital.  Medical experts at trial testified that the toddler suffered extensive fatal injuries to her torso and head as a result on blunt force trauma.  Every internal organ was damaged and she suffered massive internal injuries and bleeding.

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 and trial.  In addition to the life sentence, Judge White also imposed restitution for the funeral expense and a $20,000 fine.  Assistant United States Attorneys Dean Burris and Linda Epperley represented the United States.

The defendant was remanded into the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JAMES WESTLEY RADFORD, age 28, of Eufaula, Oklahoma was sentenced to 160 months imprisonment, followed by 3 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Section 846.

Charges arose from an investigation by the Navarro County Sheriff’s Department in Texas, the District 18 District Attorney’s Drug Task Force, the Drug Enforcement Administration and the United States Department of Veterans Affairs, Office of Inspector General.

The defendant was indicted in July, 2015 and pled guilty in August, 2015.

The Indictment alleged that beginning in or about October 2014 and continuing to in or about January 2015, in the Eastern District of Oklahoma and elsewhere, the defendant knowingly and intentionally agreed with other persons known and unknown to the Grand Jury, to illegally obtain Schedule II and IV controlled substances by means of presenting fraudulent prescriptions to pharmacies and conspired to possess with intent to distribute and distribute Schedule II and IV controlled substances.

As part of the conspiracy the defendant would obtain stolen prescription pads, legitimate DEA numbers and copies of doctor’s signatures from the Jack C. Montgomery Veterans Affairs Medical Center, for the purpose of forging prescriptions of controlled substances.  The defendant would recruit people to present those forged prescriptions on his behalf in return for pay and then distribute the fraudulently obtained illegal drugs or trade illegal drugs for other drugs.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.

First Assistant United States Attorney Doug Horn represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JESSICA SUZANNE FELIX, age 33, of Oklahoma City, Oklahoma, was sentenced to 77 months imprisonment, followed by 5 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Sections 846.

The charge is a result of an investigation by the Drug Enforcement Administration and 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 United States Attorney’s Office.  The defendant was indicted in April, 2015 and pled guilty in June, 2015.

The Indictment alleged that beginning in or about July 2014, the exact date being unknown to the Grand Jury, and continuing until on or about the date of the Indictment, within the Eastern District of Oklahoma and elsewhere, the defendant did knowingly and intentionally conspire, confederate and agree together and with others, known and unknown to the Grand Jury, to possess with intent to distribute and to distribute 50 grams or more of methamphetamine (actual) and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which she will serve her nonparolable sentence.

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 today that CHRISTOPHER DEAN JONES, a/k/a Snake, age 36, of Stilwell, Oklahoma, pled guilty 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, up to a $250,000 fine or both. He also pled guilty to POSSESSION OF COUNTERFEIT OBLIGATIONS OR SECURITIES OF THE UNITED STATES, in violation of Title 18, United States Code, Section 472, punishable by not more than 20 years, up to a $250,000 fine or both.

Charges arose from an investigation by the Cherokee Nation Marshal Service, the Cherokee County Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Secret Service.  The defendant was indicted in November, 2015.

The Indictment alleged that on or about October 1, 2015, within the Eastern District of Oklahoma, the defendant, CHRISTOPHER DEAN JONES, a/k/a Snake, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.

The Indictment further alleged that on or about October 1, 2015, within the Eastern District of Oklahoma, the defendant, CHRISTOPHER DEAN JONES a/k/a Snake, with intent to defraud, possessed a counterfeit obligation of the United States.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshal Service pending sentencing.

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 today that CLINTON LAMONT CRAWLEY, age 38, of Grant, Oklahoma, pled guilty 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, up to a $250,000 fine or both.

Charges arose from an investigation by the Choctaw County Police Department, Choctaw Tribal Police and the Federal Bureau of Investigation.  The defendant was indicted in November, 2015.

The Indictment alleged that On or about October 10, 2015, within the Eastern District of Oklahoma, the defendant, CLINTON LAMONT CRAWLEY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshal Service pending sentencing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the November 2015 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.”

 

JOHN RICHARD FLOURNOY, age 47, of Coalgate, Oklahoma

Theft of Government Funds
Making a False Statement
Forfeiture Allegation

The Indictment alleges that beginning in or about February, 2011, and continuing until on or about December 23, 2013, within the Eastern District of Oklahoma, defendant JOHN RICHARD FLOURNOY, did willfully and knowingly steal and purloin money of the Social Security Administration, a department or agency of the United States, namely, Social Security Administration Supplemental Security Income payments to which he knew he was not entitled, having a value in excess of $1,000.00. It further alleged that on or about July 10, 2012 and on or about July 8, 2013, in the Eastern District of Oklahoma, the Defendant, did knowingly and willfully make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration, an agency of the United States, in that on a Social Security Administration Representative Payee Report the Defendant stated that D.F. resided with Defendant, when in truth and fact, as Defendant well knew, D.F. did not reside with the Defendant. A Forfeiture Allegation is also included in the Indictment.

The charges arose from an investigation by the Social Security Administration, Office of Inspector General. The charges are in violation of Title 18, United States Code, Section 641, punishable by not more than 10 years imprisonment; up to a $250,000.00 fine and Title 18, United States Code, Section 1001(a)(2), punishable by not more than 5 years imprisonment; up to a $250,000.00 fine or both.

Assistant United States Attorney Rob Wallace

 

KAY ANN FARROW, age 69, of Eufaula, Oklahoma

Wire Fraud
Forfeiture Allegation

The Indictment alleges that on or about July 11, 2014, in Eufaula, Oklahoma, in the Eastern District of Oklahoma and elsewhere, KAY ANN FARROW, for the purpose of executing the scheme, caused to be transmitted by means of wire communication in interstate commerce writings, signs, signals, pictures, and sounds. It further alleged that on or about July 16, 2014, in Eufaula, Oklahoma, in the Eastern District of Oklahoma and elsewhere, the Defendant, for the purpose of executing the scheme, caused to be transmitted by means of wire communication in interstate commerce writings, signs, signals, pictures, and sounds. A Forfeiture Allegation is also included in the Indictment.

The charges arose from an investigation by the Eufaula Police Department and the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Section 1343, punishable by not more than 20 years imprisonment, up to a $250,000.00 fine or both.

Assistant United States Attorney Kristin Harrington

 

BOB GENE HALL, age 35, of Cushing, Oklahoma a/k/a ROBERT GLEN HENSLEY

Drug Conspiracy
Distribution of Methamphetamine
Forfeiture Allegation

The Indictment alleges that beginning in or about February 2015, the exact date being unknown to the Grand Jury, and continuing until on or about September 1, 2015, within the Eastern District of Oklahoma and elsewhere, BOB GENE HALL, a/k/a Robert Glen Hensley, did knowingly and intentionally combine, conspire, confederate and agree with others, both known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 846, as follows: to possess with intent to distribute and to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance. It further alleged that on or about September 1, 2015, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance.  A Forfeiture Allegation is also included in the Indictment. 

The charges are a result of an investigation by the Drug Enforcement Administration.  The charges are in violation of Title 21, United States Code, Section 846, 841(a)(1) & 841(b)(1)(A), punishable by mandatory life imprisonment, and up to $20,000,000.00 fine; and Title 21, United States Code, Sections 841(a)(1) & 841(b)(1)(B), punishable by not less than 10 years imprisonment, and up to $8,000,000.00 fine. 

Assistant United States Attorney Shannon Henson

 

ANTONIO JUAN PAREDES, age 35,

Assault with a Dangerous Weapon

The Indictment alleges that on or about July 21, 2012, in the Eastern District of Oklahoma, at the Choctaw Travel Plaza in Broken Bow, Oklahoma, in Indian Country, within the special maritime and territorial jurisdiction of the United States, the defendant, ANTONIO JUAN PAREDES, an Indian, assaulted M.C. with a dangerous weapon, with the intent to do bodily harm. 

The charge is a result of an investigation by the Choctaw Nation Tribal Police, Broken Bow Police Office and the Federal Bureau of Investigation.  The charge is in violation of Title 18, United States Code, Sections 1153, 1151 & 113(a)(3), punishable by no more than 10 years imprisonment, up to $250,000.00 or both. 

Assistant United States Attorney Edward Snow

 

NICKOLLE DENISE DIXON, age 24, of Fort Smith, Arkansas

Embezzlement and Theft from Indian Tribal Organizations

The Indictment alleges from in or about January 2013 to on or about January 5, 2014, in the Eastern District of Oklahoma, the defendant, NIKOLLE DENISE DIXON, did steal, embezzle and knowingly and willfully convert to her own use monies in excess of $1,000.00 which had been entrusted to her custody and care as an employee of the Choctaw Nation of Oklahoma, an Indian tribal organization. 

The charge is a result of an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.  The charge is in violation of Title 18, United States Code, Section 1163, punishable by no more than 5 years imprisonment, up to $250,000.00 or both. 

Assistant United States Attorney Edward Snow

 

ALLEN MICHAEL SCOTT, age 22, of Pottsboro, Texas

DUNG THI NGOC NGUYEN, age 33, of Carrollton, Texas

Theft by Officers or Employees of Gaming Establishment on Indian Lands

The Indictment alleges from on or about February 9, 2015, to on or about February 20, 2015, in the Eastern District of Oklahoma, ALLEN MICHAEL SCOTT and DUNG THI NGOC NGUYEN, defendants herein, while ALLEN MICHAEL SCOTT was an employee of the Choctaw Nation Casino and Resort, did embezzle, abstract, purloin, willfully misapply and take and carry away in excess of $1,000.00 of moneys belonging to the Choctaw Nation Casino and Resort, an Indian gaming establishment operated by the Choctaw Nation in Indian Country, pursuant to an ordinance or resolution approved by the National Indian Gaming Commission. 

The charge is a result of an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.  The charge is in violation of Title 18, United States Code, Sections 1168(b) & 2, punishable by no more than 20 years imprisonment, up to $1,000,000.00 or both. 

Assistant United States Attorney Edward Snow

 

RODNEY GENE BENNETT, age 25, of Wetumka, Oklahoma

Possession with Intent to Distribute Methamphetamine

The Indictment alleges on or about August 5, 2015, in the Eastern District of Oklahoma, the defendant, RODNEY GENE BENNETT, 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. 

The charge is a result of an investigation by the Seminole Nation Tribal Police and the Drug Enforcement Administration.  The charge is in violation of Title 21, United States Code, Sections 841(a)(1) & 841(b)(1)(B), punishable by not less than 5 years imprisonment, up to $5,000,000.00 or both. 

Assistant United States Attorney Tim Hammer

 

SAMMIE WAYNE COX, age 51, of Spiro, Oklahoma

Possession with Intent to Distribute Methamphetamine
Possession of Firearm in Furtherance of a Drug Trafficking Crime
Felon in Possession of Firearm

The Indictment alleges on or about October 30, 2015, within the Eastern District of Oklahoma, the defendant, SAMMIE WAYNE COX, did knowingly and intentionally possess with intent to distribute fifty (50) grams or more of methamphetamine (actual), a Schedule II controlled substance. It also alleged On or about October 30, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly possess firearms 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 and the Defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms which had been shipped and transported in interstate commerce.

The charges are a result of an investigation by the Oklahoma Highway Patrol, the Oklahoma Bureau of Narcotics and the Drug Enforcement Administration.  The charges are in violation of Title 21, United States Code, Sections 841(a)(1) & 841(b)(1)(A)(viii), punishable by not less than 10 years imprisonment, up to $10,000,000.00 or both; Title 18, United States Code, Section 924(c)(1)(A), punishable by not less than 5 years imprisonment, up to $250,000.00 fine; and Title 18, United States Code, Section 922(g)(1), punishable by not more than 10 years imprisonment, up to $250,000.00 fine or both. 

Assistant United States Attorney Tim Hammer

 

DONALD RAY McCOY, Jr., age 36, of Stilwell, Oklahoma

Felon in Possession of Firearm

The Indictment alleges On or about July 29, 2015 and continuing until July 30, 2015, within the Eastern District of Oklahoma, the defendant, DONALD RAY McCOY, Jr., having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.

The charge is a result of an investigation by the Tahlequah Police Department, District 27 Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The charge is in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) & 924(e)(1), punishable by not less than 15 years imprisonment, up to $250,000.00 or both.

Assistant United States Attorney Dean Burris

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that DEREK ALLEN CLELL HORNEY, age 30, of Tahlequah, Oklahoma, was sentenced to 63 months imprisonment and 5 years 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)(viii).

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

The Indictment alleged that on or about November 14, 2014, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute fifty (50) grams or more of Methamphetamine (actual), a Schedule II controlled substance.

The Honorable Ronald A. White, 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 RICKY DALE BARRON, age 61, of Muse, Oklahoma, pled guilty to an Information charging him with Felon in Possession of Firearm, in violation of Title 18, United States Code, Section 641. It also charged him with Interstate Transportation of Illegally Taken Wildlife, in violation of Title 16, United States Code, Sections 3372(a)(2)(A) and 3373(d)(2).

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

The Information alleged that On or about October 25, 2015, within the Eastern District of Oklahoma, the defendant, RICKY DALE BARRON, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit: One (1) Remington Model 1100, 12 gauge, shotgun, serial number N280403V, which had been shipped and transported in interstate commerce. It further alleged that From on or about December 14, 2014 to on or about April 2, 2015, within the Eastern District of Oklahoma, and elsewhere, the defendant, knowingly transported wildlife, to wit: a black bear and parts thereof, in interstate commerce from Oklahoma to Arkansas, when in the exercise of due care, the defendant should have known that said wildlife was taken and possessed in a violation of and in a manner unlawful under the laws and regulations of Oklahoma.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report.  Sentencing will be scheduled upon its completion.

The statutory range of punishment is 10 years imprisonment and/or a fine of up to $250,000.00 for Count One and 1 year imprisonment and/or a fine of up to $100,000.00 for Count Two.

Assistant United States Attorney Tim Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that GEORGE WILLIAM RUSSELL, age 38, of Leon, Oklahoma, pled guilty to DISTRIBUTION OF METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

A Criminal Complaint filed in October, 2015, alleged that on or about May 29, 2015, within the Eastern District of Oklahoma, GEORGE WILLIAM RUSSELL did knowingly and intentionally commit the crime of Distribution of a Controlled Substance.  The defendant was Indicted on November 3, 2015.

The charge arose from a joint investigation by the Ardmore Police Department, Carter County Sheriff’s Department and the Federal Bureau of Investigation.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshal Service pending sentencing.

The statutory range of punishment is not less than up to 20 years imprisonment, up to $1,000,000.00 fine or both.

Assistant United States Attorney Melody Nelson represented the United States.     

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that NATHAN PHILLIP WEBSTER, age 40, of McKinney, Texas, pled guilty to MONEY LAUNDERING CONSPIRACY, in violation of Title 18, United States Code, Section 1956(h), punishable by not more than 20 years imprisonment, up to a $500,000 fine or both.

Charges arose from an investigation by the Drug Enforcement Administration.  The defendant was indicted in April, 2015.

The Indictment alleged that beginning in or about August of 2011, the exact date being unknown and continuing until in or about January 2013, the defendant did willfully and knowingly combine, conspire, confederate, and agree together with others known and unknown, to knowingly conduct and attempt to conduct a financial transaction affecting interstate and foreign commerce, by purchasing a Green, 2001, Ford F150, truck,  with proceeds from the distribution and sale of methamphetamine, with the intent to acquire, possess and distribute methamphetamine.

The charge further alleges that the defendant deposited large sums of United States Currency into bank accounts in Dallas, Texas, knowing that the transactions were designed in whole or in part to conceal and disguise the nature, location, source, ownership, and control of the proceeds from the distribution of methamphetamine.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshal Service pending sentencing.

Assistant United States Attorney Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that CHELBI GEORGE, age 42, of Tulsa, Oklahoma, was sentenced to 15 months imprisonment for POSSESSION OF A COUNTERFEIT OBLIGATION, in violation of Title 18, United States Code, Section 472.

The charge arose from an investigation by the Muskogee Police Department and the United States Secret Service.

The Indictment alleges that on or about May 5, 2015, in the Eastern District of Oklahoma, the defendant, CHELBI GEORGE, did with intent to defraud, possess counterfeit obligations of the United States.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.

Assistant United States Attorney Melody Nelson represented the United States.