Northern District of Oklahoma

Twenty-one high-performance vehicles will be sold in an online auction that resulted from one of the largest federal marijuana prosecutions in Tulsa, announced U.S. Attorney Trent Shores.

The inventory includes drag, drift and track cars, high end street vehicles and a Toyota Tundra SRS. Many are highly modified vehicles to include 2JZE GTE motors, twin turbo engines, nitrous equipped, Stroud parachutes and 200-1800 HP engines. Fourteen are Japanese Domestic Market cars.

On Aug. 31, 2018, Kong Meng Vang, 35, of Tulsa, pleaded guilty to drug conspiracy, possession with intent to distribute 100 kilograms or more of marijuana and money laundering. The defendant admitted to transporting 1,500 pounds of marijuana from California to sell in the Tulsa area. The marijuana was valued at $5 million. As part of the plea agreement, the United States and Vang agreed to the forfeiture of 21 of the defendant’s vehicles along with seven residences, firearms and ammunition.

“Vang profited by fueling the addiction of others. He sold, literally, tons of marijuana in northeastern Oklahoma. With his illegal drug profits, he purchased and modified race cars, some of which looked like they were straight off the set of The Fast and The Furious. But here’s the deal: Drug dealers don’t get to keep the luxury items they purchased with illicit drug proceeds,” said U.S. Attorney Shores. “These cars are being auctioned starting today, and the money will go to help state and local law enforcement in their drug enforcement efforts.”

The U.S. Marshals Service along with Apple Towing are selling the high-performance cars at an on-line auction starting March 18 at 10 am CST and closing April 1 at 10 am CST. To view auction details and all vehicles, go to the U.S. Marshals Service’s authorized auctioneer Apple Towing’s website here.  Each car will have a link labeled “specification sheet” which will provide a detailed list of equipment on each car.

As advertised, many of these vehicles are for Off Road/Track use only and cannot be titled, registered or operated on U.S. roadways.

Interested buyers can preview the cars in person on March 29, from 9 am- 5 pm CST, at Race Communications: 805 Jet Drive, Midwest City, Oklahoma. 

Below is a highlight of some of the unique cars that can be purchased:

2009 Nissan GT-R https:(spec sheet)

1997 Lexus SC300 (spec sheet

1991 Acura NSX (spec sheet)

1972 Datsun 240Z, Pro-Street/2L (spec sheet)

1993 Toyota Supra Pro-Street/Strip (spec sheet)

1999 Nissan Skyline GTR R34 (spec sheet)

2000 Mitsubishi Lancer EVO VI Tommi Makinen GSR (spec sheet)

This case resulted from a joint investigation conducted by the Tulsa Police Department; Drug Enforcement Administration; U.S. Department of Treasury, IRS-Criminal Investigation; and U.S. Marshals Service. Assistant U.S. Attorney Joseph F. Wilson prosecuted the case as part of the U.S. Attorney’s Organized Crime and Drug Enforcement Task Force. Assistant U.S. Attorney Catherine J. Depew handled the forfeiture of assets.

Attorney General William P. Barr and U.S. Attorney Trent Shores today announced the largest coordinated sweep of elder fraud cases in history, surpassing last year’s nationwide sweep. The cases during this sweep involved more than 260 defendants from around the globe who victimized more than two million Americans, most of them elderly.

The Northern District of Oklahoma was actively involved during the sweep. In February, a federal grand jury indicted Charles D. Parnell, 36; Rodney A. Mosley, 39; and Brittany Mayall, 30, for conspiracy to steal mail, theft of mail, and possession of stolen mail from the Mounds Post Office. The stolen items were used to fraudulently create identities of local senior citizens and to defraud those citizens of more than $5,000.

“Crimes against the elderly target some of the most vulnerable people in our society,” Attorney General William P. Barr said. “But thanks to the hard work of our agents and prosecutors, as well as our state and local partners, the Department of Justice is protecting our seniors from fraud. The Trump administration has placed a renewed focus on prosecuting those who prey on the elderly, and the results of today’s sweep make that clear. Today we are announcing the largest single law enforcement action against elder fraud in American history. This year’s sweep involves 13 percent more criminal defendants, 28 percent more in losses, and twice the number of fraud victims as last year’s sweep. I want to thank the Department’s Consumer Protection Branch, which led this effort, together with the Department’s Criminal Division, the more than 50 U.S. Attorneys’ offices, and the state and local partners who helped to make these results possible. Together, we are bringing justice and peace of mind to America's seniors.”

“Criminals steal more than an estimated $3 billion from senior citizens every year. Those who target the elderly will receive the attention of our law enforcement officials in northeastern Oklahoma. We will work with our senior citizens to empower them with knowledge and awareness so that they can defend themselves,” said U.S. Attorney Trent Shores. “Fake prizes, health care, tech support, IRS imposters, and grandkids scams are just a few of the schemes used to target seniors and deprive them of their hard earned savings.”

The Department of Justice took action in every federal district, through the filing of criminal or civil cases or through consumer education efforts. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of millions of more dollars than last year, putting the total alleged losses at this year’s sweep at over three fourths of one billion dollars.

The charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. The Justice Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act. 

The U.S. Attorney’s Office in the Northern District of Oklahoma participates in the Justice Department’s Elder Justice Initiative, which supports and coordinates the enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors. Assistant U.S. Attorney Joseph Wilson is the district’s Elder Abuse Coordinator. He is responsible for leading federal law enforcement elder justice investigations and community outreach programs.  Since October, Assistant U.S. Attorneys and Victim Witness Specialists have held four outreach events attended by more than 200 seniors and healthcare specialists. For more information about the Elder Justice Initiative and available resources, click here.

A fact-sheet with technical-support fraud case information can be found here.

A fact-sheet with cases on mass mailing fraud can be found here.

A fact-sheet with examples of a few elder fraud cases involving extradition in which the Office of International Affairs played a substantial role can be found here.

Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

United States Attorney Trent Shores announced today the results of the March 2019 Federal Grand Jury.

The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Glenville L. Albright. False Statement in Connection With the Attempted Acquisition of a Firearm; Felon in Possession of a Firearm. Albright, 50, of Pawhuska, is charged with making a false statement on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 in an effort to redeem a Winchester, Ranger Model 120, 12 gauge shotgun that he had previously pawned. Albright lied on the form about his criminal record. He is further charged with being a felon in possession of a firearm. The Bureau of Alcohol, Tobacco, and Firearms is the investigative agency.

Marissa Leigh Andrews and Danica Rae Pulley. Drug Conspiracy; Possession With Intent to Distribute Ecstasy.  Andrews, 20, and Pulley, 25, both of Fort Dodge, Iowa, are charged with conspiring to sell ecstasy and intent to distribute ecstasy. The Pryor Police Department and Drug Enforcement Administration are the investigative agencies.

Anthony Dale Brannon. False Statement in Connection With the Attempted Acquisition of Firearms; Felon in Possession of a Firearm. Brannon, 59, of Grove, is charged with making a false statement on the ATF Form 4473 in an effort to purchase a Remington 12 gauge shotgun and a Browning 20 gauge shotgun. Brannon lied on the form about his criminal record. He is further charged with being a felon in possession of firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigative agency.

Matthew F. Donovan. Felon in Possession of a Firearm. Donovan, 34, of Eucha, is charged with being a felon in possession of a Model Heritage Rough rider, .22 LR caliber revolver. The Delaware County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosive are the investigative agencies.

John Wayne Engel. Possession of Heroin With Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Felon in Possession of a Firearm and Ammunition. Engel, 32, is charged with possession with intent to distribute heroin and possessing a firearm and ammunition to carry out his drug trafficking crimes. He is further charged with being a felon in possession of a HS Produkt, Model XD40, .40 S&W semi-automatic pistol and 38 rounds of associated ammunition. The Tulsa Police Department, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

Joshua Christopher Harrison. Theft by Employee of Gaming Establishment of Indian Lands in Excess of $1000.  Harrison, 22, of Broken Arrow, is charged with embezzling more than $1,000 from the Muscogee (Creek) Nation River Spirit Casino, a gaming establishment. The FBI, Muscogee (Creek) Nation Attorney General Investigator and the Office of Public Gaming are the investigative agencies.

Rufus Hicks, Jr. False Statement in Connection With An Attempted Acquisition of a Firearm. Hicks, 39, of Tulsa, is charged with making a false statement on the ATF Form 4473 in an effort to purchase a Taurus, Model 605 Protector Ply, .357 MAG caliber revolver. Hicks lied on the form about his criminal record. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigative agency.

Cesar Lara, Jr., Angel Ricardo Gonzalez, and Juandedios Gonzalez, Jr.  Drug Conspiracy.  Lara, 23, Angel Ricardo Gonzalez, 31,and Juandedios Gonzalez Jr., 44, all of El Paso, Texas, are charged with knowingly conspiring to possess and distribute cocaine. The Drug Enforcement Administration and Oklahoma Highway Patrol are the investigative agencies.

David Mason Leslie, Jr. Drug Conspiracy; Interstate and Foreign Travel and Transportation in Aid of Racketeering Enterprises. Leslie Jr., 54, of Cucamonga, California, is charged with conspiring to possess and distribute 100 kilograms or more of a mixture containing a detectable amount of marijuana. As part of the conspiracy, the co-conspirators allegedly purchased and transported shipments of marijuana from California to the Northern District of Oklahoma. Leslie and his co-conspirators allegedly distributed the drug in the northeastern Oklahoma and elsewhere, including Minneapolis, Minnesota. Leslie is further charged with traveling in interstate commerce with the intent to facilitate and manage the drug distribution business enterprise. The Drug Enforcement Administration and IRS-Criminal Investigation are the investigative agencies.

Christopher P. Manzanares. False Statement in Connection With the Attempted Acquisition of a Firearm; Possession of a Firearm and Ammunition While Subject to a Domestic Violence Restraining Order. Manzanares, 28, of Broken Arrow, is charged with making a false statement on the ATF Form 4473 in an effort to purchase a SCCY CPX-1, 9 mm pistol. Manzanares lied on the form about being subject to a restraining order. He is further charged with possessing a Davis Industries, Model D-32, .32 caliber derringer while subject to a domestic violence restraining order. The Broken Arrow Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

Jason William Near, Kevin Michael Wright, and Stephanie Marie Elfman. Drug Conspiracy; Possession of Marijuana with Intent to Distribute. Near, 39, of Lakewood, New York, Wright, 46, of Jamestown, New York, and Elfman, 31, of Jamestown, New York, are charged with conspiring to distribute and to possess with intent to distribute 50 kilograms or more of marijuana. The Miami Police Department, Oklahoma Highway Patrol and Drug Enforcement Administration are the investigative agencies.  

Feliciano Villarruel-Cabre. Reentry of Removed Alien. Villarruel-Cabre, 44, of Tulsa, is charged with having returned to the United States unlawfully after being deported on July 11, 2007, from Hidalgo, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Bradley Ryan Wikel. False Statement in Connection With the Attempted Acquisition of a Firearm; Felon in Possession of a Firearm. Wikel, 31, of Jay, is charged with making a false statement on the ATF Form 4473 in an effort to purchase a Remington .30-06 caliber bolt-action rifle. Brannon lied on the form about his criminal record. He is further charged with being a felon in possession of a firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigative agency.

Evan Jamon Woodard. Felon in Possession of Firearm and Ammunition; Possession of a Firearm in Furtherance of Drug Trafficking Crimes; Possession of Cocaine With Intent to Distribute (2 counts); Possession of Marijuana With Intent to Distribute (2 counts); Possession of Heroin With Intent to Distribute. Woodard, 34, is charged with being a felon in possession of a Kahr Arms, Model CM 9, 9 mm pistol and ammunition and for possession of a firearm in furtherance of drug trafficking crimes. Additional he is charged with multiple counts of possession of cocaine with intent to distribute, possession of marijuana with intent to distribute and possession of heroin with intent to distribute. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

The Justice Department announced today that there is insufficient evidence to pursue federal criminal civil rights charges against the Tulsa Police Department (TPD) officer involved in the fatal shooting of Terence Crutcher. Officials from the Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Oklahoma met today with Mr. Crutcher’s family and their representatives to inform them of this decision. Mr. Crutcher was shot and killed during a confrontation with former TPD Officer Betty Shelby after he abandoned his vehicle in the middle of the roadway.

Following the shooting, a team of some of the department’s most experienced civil rights prosecutors and FBI agents conducted a comprehensive, independent review of the events surrounding the events of Sept. 16, 2016. Federal authorities examined all of the material and evidence in the State case generated by the TPD, the Oklahoma State Bureau of Investigation (OSBI), and the Tulsa District Attorney’s Office (DAO), including witness statements, audio and video recordings, dispatch records, crime scene evidence, ballistics evidence, and medical reports. Following Officer Shelby’s acquittal in State court, the Department reviewed additional evidence presented during the trial and the trial transcripts. The FBI also enhanced video footage of the shooting in an effort to increase the Department’s ability to analyze the circumstances of the shooting.

The federal review sought to determine whether Shelby violated federal law by willfully using unreasonable force against Crutcher. Under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a Constitutional right. To establish willfulness, federal authorities must show that the officer acted with the deliberate and specific intent to do something the law forbids. This is one of the highest standards of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.

After a careful and thorough review into the facts surrounding the shooting, federal investigators determined that there is insufficient evidence to prove beyond a reasonable doubt a violation of the federal statute. The evidence, when viewed as whole, is insufficient to establish beyond a reasonable doubt that Officer Shelby’s use of force was “objectively unreasonable” under the Supreme Court’s definition, nor is the evidence sufficient to rebut her assertion that she fired in self-defense with the mistaken belief that Mr. Crutcher reached into his vehicle in order to retrieve a weapon. The evidence is also insufficient to establish that Officer Shelby acted with the specific intent to break the law.

Accordingly, the investigation into this incident has been closed. This decision is limited strictly to the Department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the shooting.

“The Department of Justice devoted significant resources to this investigation to ensure that a thorough review was undertaken. Attorneys from both the Civil Rights Division and the U.S. Attorney's Office worked closely with the FBI to examine the evidence and review applicable law,” said U.S. Attorney Shores. “Any allegation of law enforcement misconduct and willful deprivation of civil rights is taken seriously. However, the evidence in this case did not support pursuing criminal prosecution. Moving forward, I hope that citizens and law enforcement will continue to work together to better our community.”

The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.

A Tulsa man has been sentenced to federal prison for 15 separate charges, including distribution of heroin and methamphetamine, announced U.S. Attorney Trent Shores. A jury found Darowe Junior Jones, 39, of Tulsa, guilty on Oct. 24, 2018.

Today, U.S. District Judge Claire V. Eagan sentenced Jones to 211 months in prison followed by five years of supervised release.

“Methamphetamine and heroin have exacted too much damage on Oklahoma families. Darowe Jones is an “alpha criminal” who peddled addiction for profit in our Tulsa community,” said U.S. Attorney Trent Shores. “Through the combined efforts of the TPD, FBI and ATF during Operation Alpha, his drug ring has been dismantled. A 17-year federal prison sentence delivers accountability and consequences to Darowe Jones for his involvement in the illegal drug trade. It should also promote deterrence for anyone thinking about stepping into his shoes.”

Jones was arrested on April 17, 2018, on an outstanding felony arrest warrant as part of Operation Alpha, an initiative targeting Tulsa’s most dangerous criminals. Jones was a high volume drug dealer who sold methamphetamine, black-tar heroin, cocaine, ecstasy, marijuana, and Xanax. He conspired with his partners to receive drugs through the mail at various addresses in Tulsa and Broken Arrow, which he later distributed in the Tulsa area. The evidence further showed that Jones sent tens of thousands of dollars in cash over a two-year period to his out-of-state sources of supply to purchase the narcotics.

After his arrest, Jones continued his drug operations by calling his accomplices from jail and directing them to hide evidence, including drug proceeds. 

Jones will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Jones was arrested as part of Operation Alpha, a Project Safe Neighborhoods’ initiative. Operation Alpha utilized crime mapping technology to target areas with high rates of crime and focused on the area surrounding 21st Street and Garnett Road in Tulsa. Phase one operations took place from mid-April through mid-June 2018 and resulted in 174 felony arrests and seizure of 106 firearms.

The Tulsa Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and United States Marshals Service conducted the investigation. Assistant U.S. Attorneys Thomas E. Duncombe, Dennis A. Fries, and Joel-lyn A. McCormick prosecuted the case.

A Broken Arrow woman was sentenced to federal prison Tuesday for a wire fraud scheme involving the embezzlement of more than $2.6 million from an Inola business and to signing a false tax return, announced U.S. Attorney Trent Shores.

U.S. District Judge John E. Dowdell sentenced Cristyne Denise Gilleland, 42, to 30 months in federal prison to be followed by 3 years of supervised release.  He further ordered Gilleland to forfeit substantial assets, including a yacht, a Grand Lake condominium, financial account proceeds, vehicles and a $2.7 million forfeiture money judgment.  She is also required to forfeit an additional $100,000. All of the forfeited proceeds will provide restitution for the victims. 

“Cristyne Gilleland’s pervasive and brazen embezzlement of millions of dollars was driven by greed. Over a seven year period, she violated her position of trust at a small business using sophisticated methods to conceal her scheme,” said U.S. Attorney Trent Shores. “The irreparable harm inflicted upon small businesses by greedy fraudsters will not go unpunished.”

In handing down the sentence, the court noted there was no excuse for Gilleland’s outrageous criminal conduct and the egregious abuse of trust toward her employer Tommy Thompson and his company.

At her plea hearing, held Sept. 11, 2018, Gilleland, admitted to embezzling money from TJT Enterprises, LLC, and its owner, Tommy Thompson, from 2010 to 2017 by wire transfers, writing checks, and paying credit card charges, all for her personal benefit. As an employee of the company who was responsible for accounting and financial management, she used a variety of methods to conceal her embezzlement, including establishing a business that she used to further her scheme. 

The charges specifically focused on a fraudulent $577,500 wire transfer made by the defendant from TJT Enterprises to a business she created for the purpose of embezzling funds, and on a 2015 tax return in which she failed to report $477,199 in income to the IRS.

Gilleland was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prison’s Facility.

The Federal Bureau of Investigation and the Department of Treasury, Internal Revenue Service—Criminal Investigation Division investigated the case.  Assistant U.S. Attorney Catherine J. Depew prosecuted the case.

David Tsui and Wellcare Consulting, LLC, a North Carolina marketing company, have agreed to pay the government $414,108.08 for allegedly accepting illegal kickback payments from OK Compounding, LLC, announced U.S. Attorney Trent Shores.

The U.S. Attorney’s Office in the Northern District of Oklahoma entered into a settlement agreement this week with Tsui, of Chapel Hill, North Carolina, and Wellcare, in an effort to recoup the costs to the U.S. government resulting from the illegal kickbacks. This civil settlement resulted from an investigation into OK Compounding, a pharmacy previously located in Skiatook, Oklahoma. 

The United States alleged OK Compounding paid substantial kickbacks to various third-party “marketers” in exchange for those marketers arranging for the referral of prescriptions for compounded drugs to the pharmacy. The kickbacks consisted of a share of the revenue that the referrals generated for OK Compounding.  These arrangements violated the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b).

“I won’t allow corrupt health care professionals to exploit the federal health care system for their fraudulent, personal enrichment. My Affirmative Civil Enforcement team is prioritizing health care fraud cases,” said U.S. Attorney Trent Shores. “Federal health care dollars are to be used in accordance with the law. Dollar by dollar, corrupt defendant by corrupt defendant, we will get back the illegally obtained funds.”

Through these schemes, Tsui and Wellcare knowingly caused false claims to be presented to the Tricare and Medicare programs for the purpose of defrauding these federal programs. Because federal healthcare programs were involved, the kickbacks were also in violation of the False Claims Act. 

It is illegal to pay or receive “kickbacks” in conjunction with federal healthcare insurance. Laws against kickbacks are crucial to ensure that financial motives do not undermine the medical judgment of physicians and other health care providers. The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs.

Affirmative Civil Enforcement (ACE) refers to filing civil lawsuits on behalf of the United States.  The purpose of these civil actions is to recover government money lost to fraud or other misconduct or to impose penalties for violations of Federal health, safety, civil rights or environmental laws. 

To report fraud and abuse against the Federal government in the Northern District of Oklahoma, please contact the U.S. Attorney’s Office at 918-382-2700 and speak to a member of the ACE Unit.

Information regarding health care fraud to Medicare can also be reported to the Department of Health and Human Services, Office of Inspector General, at https://oig.hhs.gov/fraud/report-fraud/index.asp.  Information for fraud against Tricare can be reported at https://health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of-Healthcare/Program-Integrity/Fraud-and-Abuse-Report-Submission-Form. 

This matter was handled by Assistant U.S. Attorney Marianne Hardcastle and is the product of a collaborative investigation by the Defense Criminal Investigative Service, Department of Labor–Office of Inspector General (OIG), IRS–Criminal Investigation, U.S. Postal Service–OIG, FBI, Department of Veterans Affairs–OIG and the Department of Health and Human Services–OIG. 

The claims resolved by the settlement are allegations only; there has been no determination of liability.  

A 25-year-old Claremore man has been ordered to federal prison following his conviction of one count of sexual exploitation of a child, announced U.S. Attorney Trent Shores. Zachary Newberry pleaded guilty Nov. 20, 2018.

Today, U.S. District Judge John E. Dowdell, sentenced Newberry to 30 years in prison. Newberry will serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.

“Project Safe Childhood prosecutions are in full effect here in northeastern Oklahoma thanks to the partnership between TPD’s Cyber Crimes Unit and federal prosecutors. If you prey on children, we will find you, prosecute you and hold you accountable for your actions against the most vulnerable members of our community,” said U.S. Attorney Trent Shores. “Tulsa’s cyber detectives do excellent work to hunt down and identify child predators lurking about the internet. Our federal prosecutors then bring them to justice in a court of law.”

On July 30, the Tulsa Police Department received Newberry’s phone in an anonymous package, which was accompanied by a note stating the phone contained child pornography. Detectives from the police department’s Cyber Crimes Unit forensically examined the phone and discovered that it had been used to film a single video of child pornography. Other information recovered from the phone led detectives to Newberry, who eventually confessed to filming himself sexually abusing the adolescent victim.

Newberry has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Tulsa Police Department investigated the crime. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.

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

TULSA, Okla. – A 28-year-old Tulsa man pleaded guilty Friday in U.S. District Court to distribution of child pornography, enticing a minor and tampering with a witness and evidence, announced U.S. Attorney Trent Shores.

In his plea agreement, Levi William Welker admitted that in February 2016 he shared child pornography using a bit torrent file sharing network. Investigators initially discovered 68 images on a torrent file which was traced to Welker’s IP address. During a search, investigators located more than 6,200 image and video files of child pornography.

Welker also admitted that he later used multiple social media apps and communications devices to manipulate and lure two minor children to engage in sexual activity with him. Welker pretended to be 16 years old and provided the victims with cell phones in order to secretly communicate. When one of the children’s parents became suspicious, they reported Welker to the Tulsa Police Department. After the investigation commenced, police discovered that Welker messaged one of the victim’s social media accounts, asking her to lie to police and destroy evidence. He also destroyed other digital evidence in an effort to thwart the investigation.

“Levi Welker criminally exploited the trusting nature of children to fulfill his perverse sexual gratifications. He groomed and manipulated young victims using nearly a dozen different phone apps to share sexually explicit photographs,” said U.S. Attorney Shores. “Welker attempted to hide his crimes by remotely deleting evidence from his phone. Thanks to the watchful eye of concerned parents and the dedicated work of law enforcement, Welker’s heinous acts were revealed.”

U.S. District Judge Claire V. Eagan accepted Welker’s guilty plea and set sentencing for May 30, 2019.  At that time, he faces a stipulated sentencing range of 200 to 240 months imprisonment and a maximum fine of $250,000. Welker remains in custody while awaiting sentencing.

The FBI and Tulsa Police Department investigated these crimes. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

 Eighteen members and associates of a white supremacist gang, the Universal Aryan Brotherhood, have been charged for their alleged roles in conspiring in a racketeering enterprise, kidnapping, and drug conspiracy.

The charges were announced at a press conference today in Tulsa by U.S. Attorney Trent Shores for the Northern District of Oklahoma, Special Agent in Charge Tamera Cantu of IRS-Criminal Investigation’s Dallas Field Office, and Assistant Special Agent in Charge James M. Wright of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Dallas Field Office.

The indictment alleges the Universal Aryan Brotherhood (UAB) to be a racketeering enterprise which committed acts of murder, kidnapping, the trafficking of methamphetamine and firearms, money laundering, assault, and robbery throughout the State of Oklahoma. According to the indictment, the UAB is a “whites only” prison-based gang with members operating inside and outside of state prisons throughout Oklahoma.

“The Universal Aryan Brotherhood operated a lucrative criminal organization from within Oklahoma’s prison walls using contraband cell phones,” said U.S. Attorney Trent Shores. “The tools of their trade were hate, fear, affliction, and violence. This RICO prosecution seeks to dismantle their criminal operation. Justice is coming.”

“Sending someone to prison should protect the public from danger,” said Assistant Attorney General Beth Williams of the Department of Justice’s Office of Legal Policy. “But as this indictment illustrates, the danger to the public from contraband cell phones in prisons is real.  The Department is committed to working with our state and local partners, including state and local prisons, to thwart the use of contraband cell phones in prisons.”

Key players allegedly involved in UAB operations, include six inmates imprisoned in the Oklahoma State Penitentiary at McAlester—Mathew D. Abrego, 33; Christopher K. Baldwin, 39; Jeremy C. Anderson, 31; Johnny R. Jameson, 36;  Robert W. Zeidler, 45; and James C. Taylor, 52.  The men are alleged to have used contraband cell phones to communicate and further their enterprise. UAB conspirators also used social media and “kites” to carry out their operations.

As part of their operations, UAB members and associates are alleged to have participated in a significant and widespread methamphetamine distribution scheme directed by incarcerated UAB leaders using the cell phones. The United States alleges members laundered hundreds of thousands of dollars in illegal drug proceeds for the benefit of the UAB enterprise, using cash transfers, stored value cards, PayPal, and Walmart money transfers. Investigators from the IRS Criminal Investigation (IRS-CI) helped trace the money trail.

“IRS Criminal Investigation is committed to using our financial expertise to unravel complex money laundering transactions and shed light on the profits of criminal organizations,” said Tamera Cantu, IRS-CI special agent in charge of the Dallas Field Office. “Criminal organizations such as these need money to achieve their objectives.  This joint effort demonstrates our resolve to investigate financial offenses that fuel their unspeakable crimes.”

“This indictment following an extensive federal investigation accuses 18 UAB members of nine murders, car-jackings, kidnappings and other very serious charges,” said Katrina W. Berger, special agent in charge of HSI Dallas.  “Homeland Security Investigations is committed to combatting these violent criminal organizations within our communities.”

The indictment alleges that nine individuals were murdered as part of the UAB’s racketeering operations, often upon the orders of the Main Council, the highest governing body of the UAB. Several victims include inmate Donald Jones who was stabbed to death in 2005 at the Oklahoma State Reformatory in retaliation against African American inmates, and Blake Ford and James Mask who were both murdered allegedly on orders from the UAB.

On May 31, 2011, Sufeng He, a 24- year-old student attending the University of Tulsa, was shot and killed during an attempted carjacking committed by a UAB member running from Tulsa police officers.  Jason Harris was later murdered in Tulsa by UAB members during a kidnapping and robbery in 2017.

According to court documents, multiple kidnappings were also ordered in an effort to leverage and expand the UAB’s power and operations throughout Oklahoma.  Members and associates of the enterprise used kidnapping as a way to enforce discipline, recoup drugs and other debts, and to ensure the individuals were not cooperating with law enforcement.

Four suspects were apprehended Monday and Tuesday in Tulsa, while seven others have been transferred from Oklahoma Department of Corrections at McAlester. The remainder have been arrested or are in the custody of Department of Corrections or Federal Bureau of Prisons facilities.

The UAB was established in 1993 within the Oklahoma Department of Corrections and modeled itself after the principles and ideology of the Aryan Brotherhood, a California-based prison gang that formed in the 1960s.

HSI and IRS-CI led the investigation with assistance from the Tulsa County Sheriff’s Office, the Oklahoma Department of Corrections, the Tulsa and Enid Police Departments, the Oklahoma Bureau of Narcotics (OBN), the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco and Firearms (ATF).  Assistant U.S. Attorney Dennis A. Fries is prosecuting this case.

An indictment is merely an accusation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. This indictment, returned by a federal grand jury on Dec. 7, 2018, was unsealed on Feb. 20, 2019.

TULSA, Okla. –A Tulsa doctor has agreed to pay the government $84,666.42 for allegedly accepting illegal kickback payments from OK Compounding, LLC, announced U.S. Attorney Trent Shores.

The U.S. Attorney’s Office in the Northern District of Oklahoma has entered into a settlement agreement with Brandon Claflin, 42, a licensed doctor of osteopathic medicine, in an effort to recoup the costs to the U.S. government resulting from the illegal kickbacks.  This civil settlement resulted from an investigation into numerous health care providers writing prescriptions for pain creams compounded and sold by OK Compounding.

“Our Affirmative Civil Enforcement attorneys continue to prioritize these cases in an effort to recover illegally obtained funds that served to line the pockets of the corrupt,” said U.S. Attorney Trent Shores. “We are committed to ensuring that federal health care dollars are spent judiciously and in accordance with the law. Our diligence in this area sends a clear signal that abuse of federal health care programs will not be tolerated.”

Beginning in 2013, Dr. Claflin prescribed these pain creams for his patients, facilitating the sale and distribution of the creams. As compensation for his services, OK Compounding, paid Dr. Claflin what was characterized by the parties as “medical director fees” based upon an hourly rate. However, the payments Dr. Claflin received from the company were, in actuality, “kickbacks.” Because some of his patients were insured by TRICARE and the Office of Workers’ Compensation Programs of the United States Department of Labor, the kickbacks were in violation of the False Claims Act. It is illegal to pay or receive “kickbacks” in conjunction with federal healthcare insurance.  

Prohibitions against kickbacks are crucial to insure that financial motives do not undermine the medical judgment of physicians and other health care providers.  The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs.

The agreement resolves allegations that Dr. Claflin had an illegal financial relationship with OK Compounding, concerning pain creams from 2013 through 2014.

This matter was handled by Assistant U.S. Attorney Marianne Hardcastle and is the product of a collaborative investigation by the Defense Criminal Investigative Service, Department of Labor–Office of Inspector General (OIG), IRS–Criminal Investigation, U.S. Postal Service–OIG, FBI, Department of Veterans Affairs–OIG and the Department of Health and Human Services–OIG. 

Affirmative Civil Enforcement (ACE) refers to filing civil lawsuits on behalf of the United States. The purpose of these civil actions is to recover government money lost to fraud or other misconduct or to impose penalties for violations of Federal health, safety, civil rights or environmental laws.

The claims resolved by the settlement are allegations only; there has been no determination of liability.  

TULSA, Okla. –U.S. Attorney Trent Shores announced today that the Northern District of Oklahoma collected $2,159,920 in criminal and civil actions in Fiscal Year 2018, representing a jump in collections as compared to Fiscal Year 2017.  Of this amount, $1,258,097 was collected in criminal actions and $901,833 was collected in civil actions. 

Additionally, the Northern District of Oklahoma worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $8,609,640 in cases pursued jointly by these offices.  Of this amount, $2,879 was collected in criminal actions and $8,606,760 was collected in civil actions.         

As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2018.  The $14,839,821,650 in collections in FY 2018 represents is nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices.

U.S. Attorney Shores stated, “The United States Attorney’s Office diligently collected this money on behalf of American taxpayers and victims of crime. The recovered monies go directly to crime victims to help compensate them for their physical injuries or financial loss. To all those who owe money to the United States as the result a criminal or civil debt, there will be a day of accounting. You will pay out of pocket or through the forfeiture of your criminally obtained assets. This U.S. Attorney’s Office will see victims wholly restored, restitution and fines paid in full, and civil financial obligations satisfied.”

“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice.  The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” Director James A. Crowell, IV, Executive Office for U.S. Attorneys.

In one case, the court ordered a criminal defendant to pay $153,610.35 in restitution.  After release from prison, the Northern District of Oklahoma’s U.S. Attorney’s Office doggedly pursued the defendant and, through garnishment, asset hearings and seizure of retirement accounts, collected the total amount of restitution.  In another criminal case, a defendant was ordered to pay restitution of $79,942.52.  Though the office is still pursuing collection in the case, significant amounts have been recovered using the Treasury Offset Program, which allows the government to intercept tax refunds.

The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs and allows the government to address losses it sustains by providing for civil monetary penalties. In 2018, the U.S. Attorney’s Office assessed such a penalty against a nurse involved in pharmacy kickbacks. The nurse immediately began making payments voluntarily to pay off her debt of more than $130,000. 

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.

U.S. Attorney Trent Shores shared his response today after the Department of Justice announced that two federal courts had handed down decisions protecting religious liberty, agreeing with the positions taken by the Department of Justice. 

U.S. Attorney Shores stated, "I am proud to see the Department of Justice defending religious liberty in courts across America. Under the Religious Land Use and Institutionalized Persons Act, the Justice Department can file a civil action in court when religious groups are discriminated against in zoning laws. As the decisions in these cases show, this law is an important tool to protect the rights of religious groups. Freedom of religion is and always has been a core American principle. Whether prosecuting persons for threats against houses of worship or defending people of faith from unjust discrimination, my office stands ready to defend religious liberty."

See Department of Justice release here.

TULSA, Okla. – James Paul Adams, 35, of Cypress, Texas, also known as Beau Adams, owner of the Texas marketing company One Source Healthcare Organization, LLC, agreed to pay the government $339,412.50 for allegedly accepting illegal kickback payments from OK Compounding, LLC, announced U.S. Attorney Trent Shores.

The U.S. Attorney’s Office in the Northern District of Oklahoma entered into a settlement agreement this week with Adams, in an effort to recoup the costs to the U.S. government resulting from the illegal kickbacks. This civil settlement resulted from an investigation into OK Compounding, a pharmacy previously located in Skiatook, Oklahoma.

The government alleged OK Compounding paid substantial kickbacks to various third-party “marketers” in exchange for those marketers referring prescriptions for compounded drugs to OK Compounding. The kickbacks consisted of a share of the revenue generated by the marketers’ referrals.  These arrangements violated the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b).

In an investigation into OK Compounding, the U.S. Attorney’s Office Criminal Division recently brought criminal charges against two men affiliated with pharmacy. In December, a federal grand jury returned an indictment against Christopher Parks, 57, and Dr. Gary Lee, 58, both of Tulsa, for violations of the federal anti-kickback statute and conspiracy to commit health care fraud.

“The federal health care system was intended to benefit and help ailing Americans. It was not designed to promote a system of corruption and kickbacks so that Mr. Adams could live a lavish lifestyle,” said U.S. Attorney Shores. “The Affirmative Civil Enforcement prosecutors in our Civil Division are at the tip of the spear when holding individuals like Mr. Adams accountable for their unscrupulous behavior. Whether  due to personal greed or some other corrupt intent, the United States Attorney’s Office will use all tools available - be they criminal or civil - to stop health care fraud.”

Through these schemes, Adams knowingly caused false or fraudulent claims to be presented to TRICARE and Medicare programs for the purpose of defrauding the federal program. Because federal health care programs were involved, the kickbacks were also in violation of the False Claims Act.  It is illegal to pay or receive “kickbacks” in conjunction with federal health care insurance.  

Laws against kickbacks are crucial to insure that financial motives do not undermine the medical judgment of physicians and other health care providers.  The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs.

Affirmative Civil Enforcement (ACE) refers to filing civil lawsuits on behalf of the United States. The purpose of these civil actions is to recover government money lost to fraud or other misconduct or to impose penalties for violations of Federal health, safety, civil rights or environmental laws. As in this action, the ACE team can recover losses from health care providers who defraud Federal health programs like Medicare, Medicaid, and Tricare by overbilling for goods and services or billing for goods and services that were not rendered, not medically necessary, or substandard.

To report fraud and abuse against the Federal government in the Northern District of Oklahoma, please contact the U.S. Attorney’s Office at 918-382-2700 and speak to a member of the ACE unit.

Information regarding health care fraud to Medicare can also be reported to the Department of Health and Human Services, Office of Inspector General, at https://oig.hhs.gov/fraud/report-fraud/index.asp.  Information for fraud against Tricare can be reported at https://health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of-Healthcare/Program-Integrity/Fraud-and-Abuse-Report-Submission-Form. 

This matter was handled by Assistant U.S. Attorney for the Affirmative Civil Enforcement unit, Marianne Hardcastle, and is the product of a collaborative investigation by the FBI, U.S. Department of Health & Human Services- Office of Inspector General, Department of Defense- Defense Criminal Investigative Service, Drug Enforcement Administration, U.S. Postal Inspection Service, Oklahoma Attorney General’s Office, Oklahoma State Board of Pharmacy, Oklahoma State Board of Medical Licensure and Supervision and Food and Drug Administration-Office of Criminal Investigation. 

The claims resolved by the settlement are allegations only; there has been no determination of liability.  

A 36-year-old resident of Grove was sentenced today in U.S. District Court for possessing an unregistered “pipe bomb” discovered at his former Afton residence last August, announced U.S. Attorney Trent Shores.

U.S. District Judge Claire V. Eagan sentenced Richard Cole to 30 months of probation for possession of an unregistered destructive device. Cole pleaded guilty in November.

“Today was a day of accountability and consequences for Richard Cole. He is now a federally convicted and sentenced felon because of an illegal homemade bomb,” said U.S. Attorney Trent Shores. “I want to again commend the Oklahoma Highway Patrol Bomb Squad and the Delaware County Sheriff’s Office for their professionalism and timely response. Their swift action protected the residents living at ‘Monkey Island.’”

At his plea hearing, Richard C. Cole admitted to possessing a pipe bomb which was capable of exploding and for not taking the required steps to apply for and register the destructive device with the National Firearms Registration and Transfer Record according to federal laws. The bomb was located at his former rental apartment in Afton.

On Aug. 25, 2018, Delaware County Sheriff’s deputies were called to Cole’s apartment unit after the landlord discovered a suspected improvised explosive device (IED). The landlord made the discovery as he was inspecting the apartment following Cole’s eviction. Authorities then contacted the Oklahoma Highway Patrol Bomb Squad who, upon arrival, observed two, one-pound canisters containing “mixed Tannerite” which is a binary explosive. They also found two boxes of ammunition along with an IED, commonly referred to as a “pipe bomb,” in an ammunition container. The explosive experts then rendered the device safe at that time.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Oklahoma Highway Patrol Bomb Squad and Delaware County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Robert T. Raley prosecuted the case. Raley is the National Security Anti-Terrorism prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.

TULSA, Okla. – United States Attorney Trent Shores announced today the results of the February 2019 Federal Grand Jury. An additional seven sealed indictments were also returned.

The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Benito Alba-Figueroa. Unlawful Reentry of a Removed Alien. Benito Alba-Figueroa, 23, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Aug. 8, 2015, at or near Nogales, Arizona. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Martin Castillo-Vasquez. Unlawful Reentry of a Removed Alien. Martin Castillo-Vasquez, 24, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Jun. 25, 2015, at or near El Paso, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Jesus Ponce Dominguez. Possession of Methamphetamine With Intent to Distribute; Possession of Heroin With Intent to Distribute; Maintaining a Drug-Involved Premises; Possession of Firearms While Present in United States Under Nonimmigrant Visa; and Possession of Firearms in Furtherance of Drug Trafficking Crimes. Dominguez, 29, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; possession with intent to distribute 100 grams or more of a mixture and substance containing heroin; maintaining a place to manufacture and distribute methamphetamine and heroin; possessing firearms while present in the United States while under a nonimmigrant visa; and possessing firearms in furtherance of drug trafficking crimes. Dominguez possessed a combination of seven pistols, one shotgun, and four rifles. The Tulsa Police Department, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

Adrian Ponce Dominguez. Possession of Methamphetamine With Intent to Distribute; Maintaining a Drug-Involved Premises; and Possession of Firearms in Furtherance of Drug Trafficking Crimes. Dominguez, age unknown, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; maintaining a place to manufacture and distribute methamphetamine; and possessing firearms in furtherance of drug trafficking crimes, including Beretta Nano 9 mm pistol and a Masterpiece Arms Defender 9 mm pistol. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies.

Christopher Jacob Froehlich. Aggravated Identity Theft and Wire Fraud. Froehlich, 33, of Salisaw, is charged with knowingly possessing and using, without lawful authority, identification belonging to another individual while committing wire fraud, which is a felony. Froehlich used a stolen credit card to make fraudulent purchases at a Walmart, causing a loss of $1,058.29.  The U.S. Secret Service and Broken Arrow Police Department are the investigative agencies.

Gustavo Adrian Lopez-Soria. Unlawful Reentry of a Removed Alien. Lopez-Soria, 26, of Amarillo, Texas, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported March 12, 2018, at Laredo, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Efrain Munguia-Alverez. Unlawful Reentry of a Removed Alien. Munguia-Alverez, 32, of Tulsa, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Nov. 28, 2016, at Del Rio, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Kenneth James Thunderburk. Possession of Methamphetamine with Intent to Distribute.  Thunderburk, 37, of Bernice, is charged with possessing with intent to distribute methamphetamine. The Catoosa Police Department, Bureau of Indian Affairs and Drug Enforcement Administration are the investigative agencies.

A Tulsa man, John D. Petrig, 49, pleaded guilty yesterday to one count of tax evasion in U.S. District Court, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Trent Shores of the Northern District of Oklahoma.

Chief U.S. District Judge Gregory K. Frizzell accepted Petrig’s guilty plea and released the defendant on bond pending sentencing on May 7, 2019. 

“The Department of Justice prosecutes tax evaders to hold them accountable for their criminal conduct and to ensure that the tax system is fairly enforced throughout the nation,” stated Principal Deputy Assistant Attorney General Zuckerman.

 “The federal income tax system is based upon the compliance of the taxpaying citizens of this nation. When an individual, such as Mr. Petrig, decides to shirk his responsibility to pay what he owes, then other law-abiding citizens end up shouldering the burden,” said U.S. Attorney Trent Shores. “Mr. Petrig’s criminal acts cost taxpayers not only the loss of the unpaid taxes, but also the additional expense for investigating and prosecuting his criminal behavior.”

According to court documents, from 2000 to 2012, Petrig worked for a company as an independent contractor installing ATM machines inside casinos. The company paid him commissions based on the number of transactions executed at the ATMs. In 2012, Petrig late-filed his 2005 tax return, reporting an income of $394,317; however, he did not pay the $110,372 in taxes that he owed. Instead, from January 2012 to December 2012, Petrig attempted to evade payment of the $110,372.  When the Internal Revenue Service (IRS) sent a levy to Petrig’s employer directing that Petrig’s commission payments be forwarded to the IRS to pay his tax debt, Petrig sought to thwart this levy by sending a letter to his employer instructing that his future commissions be paid to a fictitious corporation.

Petrig faces a maximum sentence of five years imprisonment, a fine of up to $250,000, or both, and up to three years supervised release.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Shores commended special agents of IRS-Criminal Investigation, who investigated the case, and U.S. Department of Justice Tax Division Assistant Chief / Special Assistant U.S. Attorney Andrew J. Kameros and Assistant U.S. Attorneys Victor A.S. Régal and Charles M. McLoughlin, who are prosecuting the case.

TULSA, Okla. – A Tulsa man, John D. Petrig, 49, pleaded guilty yesterday to one count of tax evasion in U.S. District Court, announced U.S. Attorney Trent Shores of the Northern District of Oklahoma and Principal Deputy Assistant Attorney General Richard E. Zuckerman. 

Chief U.S. District Judge Gregory K. Frizzell accepted Petrig’s guilty plea Tuesday in federal court and released the defendant on bond pending sentencing on May 7, 2019. 

U.S. Attorney Trent Shores stated, “The federal income tax system is based upon the compliance of the tax paying citizens of this nation. When an individual, such as Mr. Petrig, decides to shirk his responsibility to pay what he owes, then other law abiding citizens end up shouldering the burden. Mr. Petrig’s criminal acts cost taxpayers not only the loss of the unpaid taxes, but also the additional expense for investigating and prosecuting his criminal behavior.”

“The Department of Justice prosecutes tax evaders to hold them accountable for their criminal conduct and to ensure that the tax system is fairly enforced throughout the nation,” stated Principal Deputy Assistant Attorney General Zuckerman.

According to court documents, from 2000 to 2012, Petrig worked for a company as an independent contractor installing ATM machines inside casinos. The company paid him commissions based on the number of transactions executed at the ATMs. In 2012, Petrig late-filed his 2005 tax return, reporting an income of $394,317; however, he did not pay the $110,372 in taxes that he owed. Instead, from January 2012 to December 2012, Petrig attempted to evade payment of the $110,372.  When the Internal Revenue Service (“IRS”) sent a levy to Petrig’s employer directing that Petrig’s commission payments be forwarded to the IRS to pay his tax debt, Petrig sought to thwart this levy by sending a letter to his employer instructing that his future commissions be paid to a fictitious corporation.

Petrig faces a maximum sentence of 5 years imprisonment, a fine of up to $250,000, or both, and up to three years supervised release.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Shores commended special agents of IRS-Criminal Investigation, who investigated the case, and U.S. Department of Justice Tax Division Assistant Chief / Special Assistant U.S. Attorney Andrew J. Kameros and Assistant U.S. Attorneys Victor A.S. Régal and Charles M. McLoughlin, who are prosecuting the case.

TULSA, Okla. –A former Tulsa resident has been sentenced today in U.S. District Court for committing wire fraud and for signing a false tax return.

U.S. District Judge Claire V. Eagan ordered Kristiana P. Collins, 44, to federal prison for 21 months to be followed by 3 years of supervised release.

“White collar crime undermines the rule of law and harms business. My office ensures there is an accounting for those who embezzle from businesses in northeastern Oklahoma,” said U.S. Attorney Trent Shores. “Ms. Collins abused the responsibility entrusted to her, and now she will pay the price for stealing more than $640,000. Moreover, she also cheated on her tax returns. Cheaters get caught, and she will suffer the consequences of her greed. I commend the Creek County Sheriff’s Office, the IRS Criminal Investigations Division, the FBI and AUSA Kevin Leitch for their excellent work on this case.”

At her plea hearing last September, Collins admitted to embezzling funds from her former employer between 2008 and 2014, when she responsible for paying the credit card accounts and handling bookkeeping operations at a company in west Tulsa.  She also admitted to failing to report the illegal income on her federal tax returns. 

While working in her position, Collins secretly obtained two Visa cards for herself under the company’s account, which was supposed to be used by various approved employees for company purposes. As part of her scheme, Collins made purchases for her own personal gain on both credit cards and later used company funds to pay the billed charges.

In papers filed with the court, the government explained that Ms. Collins had squandered her employer’s funds by making hundreds of purchases in the course of taking trips to Las Vegas, Taos, Cancun and other locations in and around Oklahoma.  In 2013 alone, Collins charged $161,961.67 on the company credit card account.  The court ordered Collins to repay the victim $640,314.17 and to pay the Internal Revenue Service $99,160 for taxes that she owed on the stolen funds. 

Investigative agencies involved in this case include the Creek County Sheriff’s Office, the Federal Bureau of Investigation, and the Department of Treasury, Internal Revenue Service—Criminal Investigation Division. Assistant U.S. Attorney Kevin C. Leitch prosecuted the case.

A 35-year-old Tulsa man entered a guilty plea today in U.S. District Court for digitally producing images depicting the sexual abuse of children and distributing almost 500 other graphic image and video files of the sexual abuse of children, announced U.S. Attorney Trent Shores.

At the plea hearing, Jerry Matthew Berry admitted to producing obscene visual representations of the sexual abuse of children and distributing child pornography in 2017 and 2018. Cyber Crimes detectives from the Tulsa Police Department and agents from Homeland Security Investigations discovered Berry’s illicit activities during a peer-to-peer file sharing undercover investigation. After executing a search warrant on Berry’s apartment, investigators also discovered hundreds of additional images and videos of child pornography on his phone. Berry, a former private school teacher in Oklahoma City, admitted to distributing child pornography on file sharing programs. He also admitted to downloading pictures of children from Facebook and digitally altering the photographs to depict himself sexually assaulting and physically harming the children.

“Tulsa Police Department Cyber Crimes detectives and Homeland Security special agents are resilient and committed to the fight to defend our children from online perpetrators. Their dedicated efforts enable the U.S. Attorney’s Office to bring child sex offenders to justice,” said U.S. Attorney Shores. “These days, parents must be ever vigilant because predators like Mr. Berry are lurking about on the internet. The facts of this case are a stark reminder that parents should check their privacy settings on social media and be aware when posting photos of their children.”

U.S. District Judge Claire V. Eagan accepted Berry’s guilty plea and set sentencing for May 7, at 10 a.m. At that time, Berry faces a mandatory minimum sentence of 5 years and up to 20 years in federal prison, at least five years and up to life of supervised release, and a $250,000 fine for each count. He remains in custody.

The Tulsa Police Department’s Cyber Crimes Unit and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.

This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.justice.gov/psc.  Internet safety education can be found on the tab labeled "resources” on the left column of the page.

A 39-year-old man has been ordered to federal prison following his conviction for sexual exploitation of a child, announced U.S. Attorney Trent Shores.

U.S. District Judge Claire V. Eagan sentenced Robert Patrick King, of Suffolk, Virginia, to 20 years in prison. Upon, release from prison, King is required to register as a sex offender.

This case was prosecuted under the Military Extraterritorial Jurisdiction Act, which allows for civilians accompanying the military outside the United States to be prosecuted for violations of federal law.

“Possession of child pornography is not a victimless crime. The United States Attorney’s Office will give voice to those child victims. And, with our law enforcement partners, we will hold accountable those who sexually exploit children,” said U.S. Attorney Trent Shores. “In this case, NCIS investigators partnered with Assistant U.S. Attorney Chris Nassar to bring a child predator to justice. That’s a formidable team fighting for child victims. I am proud of the work they do daily to achieve justice.”

At a plea hearing, King admitted that in the summer of 2017, at a U.S. Naval Base in Yokosuka, Japan, he took sexually explicit photographs of a 5-year-old child after coercing the child to take a bath at his home. At the time, King was the spouse of a U.S. Navy service member. Investigators also discovered similar photographs of other child victims taken in the United States, where he lived prior to his move to Japan.

King has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility.

The Naval Criminal Investigative Service conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.justice.gov/psc.  Internet safety education can be found on the tab labeled "resources” on the left column of the page.

Following a two day trial, a federal jury returned a verdict of guilty on Tuesday in the prosecution of a 35-year-old Tulsa man for shooting and wounding a Tulsa police officer at a local Quik Trip on July 3, 2018, announced U.S. Attorney Trent Shores.

The jury deliberated two hours before finding John Terry Chatman, Jr., guilty of three federal counts, which included being a felon in possession of a firearm and ammunition, obstruction of justice by attempting to kill a witness, and carrying, using, and discharging a firearm during and in relation to a crime of violence.

“Our case was strong, and our cause was just. Guilty on all counts was the right result. I am thankful to the jury for their service,” said U.S. Attorney Trent Shores. “John Chatman won’t be shooting anymore police officers. We will seek the maximum sentence allowed under law.”

On July 3, 2018, Tulsa police officers discovered Chatman driving a mini-van with a license plate that was registered to a different vehicle. Officers explained the traffic violation and asked for identification. Chatman repeatedly refused to identify himself and questioned the officers’ jurisdiction. Chatman escalated the situation by refusing to exit the vehicle and demanding to speak to a supervisor.

The United States presented evidence from police body cameras showing officers directing Chatman to exit the vehicle and repeatedly explaining the traffic and obstruction violations to him. Eventually, Tulsa Police Sergeant Mike Parsons arrived on scene and explained to Chatman that he was obstructing an investigation.

The video further showed that Sgt. Parsons again ordered the man to leave the vehicle, explaining to Chatman he would use PepperBalls to make him exit the vehicle. As the sergeant deployed his PepperBall gun into the vehicle, Chatman shot him with a handgun from within the mini-van, striking Sgt. Parsons. An officer returned fire, and Chatman was eventually arrested. The prosecution showed that the sergeant’s injuries could have been far more severe, potentially shattering his femur or hitting an artery, if a challenge coin in his pocket had not deflected the bullet.

A .32 caliber revolver was recovered from the scene with four spent cartridge casings in the firearm, and two live rounds. As a felon, Chatman was not allowed to possess firearms under federal law.

U.S. District Judge Claire V. Eagan presided over the trial and will sentence Chatman on April 30, 2019. Chatman potentially faces a maximum penalty of 10 years up to life imprisonment and a $250,000 fine for the felon in possession of a firearm and ammunition charge; a maximum penalty of 30 years imprisonment and a $250,000 fine for the obstruction of justice by attempting to kill a witness charge; and a mandatory minimum penalty of 10 years imprisonment, consecutive to any other term of imprisonment, and a $250,000 fine for the carrying, using, and discharging a firearm during and in relation to a crime of violence charge.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Police Department investigated the case. U.S. Attorney Trent Shores and Assistant U.S. Attorneys Allen Litchfield and Mark Morgan prosecuted the case.

Chief Judge Gregory K. Frizzell sentenced Stephanie Louise Montgomery, 49, of Claremore to ten months in Federal prison followed by three years of supervised release for providing False Information about Bombs in Schools.  As part of the plea agreement, Montgomery will pay restitution in the amount of $6,391.78 to law enforcement agencies and first responders, including the Claremore Police and Fire Departments, the Tulsa Police Department, and the Oklahoma Highway Patrol, for costs incurred when responding to and investigating the false threats.  The Court also imposed a mandatory special monetary assessment of $100.00.

On March 27, 2018, Montgomery made a threatening phone call to the Claremore High School, indicating there were “five bombs in backpacks at the high school and ten more bombs located at elementary schools.” Approximately 7,000 students, faculty, coaches, and staff from all Claremore schools were evacuated or sheltered in place until being transported to alternate safe locations. Multiple law enforcement personnel responded and performed sweeps of the seven area schools but found no explosive devices. The threats followed shortly after the Marjory Stoneman Douglas High School mass shooting in Parkland, Florida.

“Hoax bomb threats are no joke, and this sentence reflects the seriousness of the crime.  The response by law enforcement and school officials in the moments after receiving the threats was excellent.  They mobilized quickly and communicated effectively to protect our school children, teachers, and administrators.  Public safety is our highest priority.  If you engage in hoax bomb threats, we will find you and hold you accountable,” said United States Attorney Trent Shores.

This prosecution resulted from an investigation conducted by the Federal Bureau of Investigation, the Rogers County Sheriff’s Department, the Rogers County District Attorney’s Office, the Oklahoma Highway Patrol Bomb Squad, the Claremore Police Department, and the Tulsa Police Department.  Assistant United States Attorney Robert T. Raley handled the prosecution of the case.  AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.

United States Attorney Trent Shores announced today the results of the January 2019 Federal Grand Jury.

The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury.  The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Brandon Dewayne Atnip.  Carjacking; Carrying, Brandishing, and Using a Firearm During and in Relation to a Crime of Violence; Felon in Possession of Firearm and Ammunition. Atnip, 31, of Sulphur, is charged with unlawfully taking a 2001 Toyota Corolla and a 1999 GMC Sonoma by force, violence, and intimidation; using a firearm during and in relation to a crime of violence; and being a felon in possession of a firearm and ammunition, including a Kimber Manufacturing, Inc., .45 ACP caliber semi-automatic pistol.  The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Rogers County Sheriff’s Office, and the Craig County Sheriff’s Office are the investigative agencies.

Carlos Banegas.  Felon in Possession of Firearm and Ammunition. Banegas, age unknown, of Tulsa, is charged with being a felon in possession of a firearm and ammunition, including a Jimenez Arms Inc., JA3850, .38 caliber pistol.  The Federal Bureau of Investigation is the investigative agency.

Jeffrey Scott Cooper.  Attempted Coercion and Enticement of a Minor. Cooper, 45, of Broken Arrow, is charged with knowingly attempting to persuade an individual under the age of 18 to engage in sexual activity.  The Tulsa Police Department and the Tulsa County Sheriff’s Office are the investigative agencies.

Jesus Ponce Dominguez.  Possession of  Methamphetamine With Intent to Distribute; Possession of  Heroin With Intent to Distribute; Maintaining a Drug-Involved Premises; Possession of Firearms in Furtherance of Drug Trafficking Crimes. Dominguez, 29, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; possession with intent to distribute 100 grams or more of a mixture and substance containing heroin; maintaining a place to manufacture and distribute methamphetamine and heroin; and possessing firearms in furtherance of drug trafficking crimes, including a Glock 21, .45 caliber pistol and a Smith & Wesson M&P9, 9mm caliber pistol. The Drug Enforcement Administration, and the Tulsa Police Department are the investigative agencies.

Robert James Hogard and Iola Mae Canon.  Carjacking; Carrying, Brandishing, and Using a Firearm During and in Relation to a Crime of Violence. Hogard, 26, of Tulsa, and Canon 29, of Midwest City, are charged with unlawfully taking a 2007 Chrysler Sebring by force, violence, and intimidation; and using a firearm during and in relation to a crime of violence. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tulsa Police Department are the investigative agencies.

Dominic Larocca.  Felon in Possession of Firearms and Ammunition. Larocca, 55, of Acworth, Georgia, is charged with being a felon in possession of firearms and ammunition, including a Springfield Firearm, .45 caliber pistol and a Glock Firearm, .40 caliber pistol.  The Federal Bureau of Investigation and the Tulsa Police Department are the investigative agencies.

Meldonado Lavoise Lewis.  Felon in Possession of Firearms and Ammunition. Lewis, 33, of Tulsa, is charged with being a felon in possession of firearms and ammunition, including a Taurus, .40 S&W caliber pistol, a Glock, .45 Auto caliber pistol, a Smith & Wesson, .22 LR caliber rifle, and a Norinco, 7.62x39mm caliber rifle.  The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tulsa County Sheriff’s Office, and the Oklahoma Highway Patrol are the investigative agencies.

Sean Clarke McCain.  Attempted Coercion and Enticement of a Minor. McCain, 31, of Tulsa, is charged with knowingly attempting to persuade an individual under the age of 18 to engage in sexual activity.  The Tulsa Police Department and the Tulsa County Sheriff’s Office are the investigative agencies.

Javier Najera-Adame.  Possession of an Unregistered Weapon Made From a Shotgun; Possession of Firearms and Ammunition by an Alien Illegally in the United States. Najera-Adame, 59, of Broken Arrow, is charged with possessing a weapon made from a shotgun, specifically a modified Ithaca Gun Co., 12 gauge shotgun, not registered to him in the National Firearms Registration and Transfer Record; possessing firearms and ammunition by an alien illegally in the United States, including a weapon made from an Ithaca Gun Co., 12 gauge shotgun and a German Sports Guns, .22 long rifle caliber pistol. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement’s Homeland Security Investigations, and the Broken Arrow Police Department are the investigative agencies

Gerardo Resendez-Rosales.  Reentry of Removed Alien. Resendez-Rosales, 52, address unknown, is charged with having returned to the United States unlawfully after being deported on August 13, 2002 from Del Rio, Texas. The Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Devon Marie Rosen.  Felon in Possession of Firearm and Ammunition. Rosen, 32, of Tulsa, is charged with being a felon in possession of a firearm and ammunition, including a Taurus .38 caliber pistol. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Tulsa Police Department are the investigative agencies.

Feliciano Saldana-Juarez.  Possession of a Firearm After Conviction for a Misdemeanor Crime of Domestic Violence; Possession of a Firearm by an Alien Illegally in the United States; Reentry of Removed Alien. Saldana-Juarez, 53, of Tulsa, is charged with possessing a firearm after being convicted of a misdemeanor crime of assault and battery; being an alien illegally in the United States and knowingly possessing a firearm, including a Beretta US Corp., .22 caliber semi-automatic pistol; and having returned to the United States unlawfully after being deported on April 17, 2015 from Del Rio, Texas.  The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Immigration and Customs Enforcement’s Homeland Security Investigations, and the Sand Springs Police Department are the investigative agencies.

Hongjin Tan.  Theft of Trade Secrets; Unauthorized Transmission of Trade Secrets; Unauthorized Possession of Trade Secrets. Tan, 35, of Bartlesville, is charged with stealing trade secrets pertaining to methods for developing a particular Research and Development Downstream Energy Market Product; and knowingly possessing, duplicating, and transmitting the trade secrets to persons other than the trade secrets’ owner without permission.  The Federal Bureau of Investigation, and the Dallas Customs and Border Protection are the investigative agencies.

A disbarred Tulsa guardianship attorney has been ordered to federal prison following his conviction for bank fraud and money laundering in a scheme that defrauded his client of $589,393, announced U.S. Attorney Trent Shores. Glenn Martin Mirando, 64 of Tulsa, Oklahoma, pleaded guilty September 4, 2018.

Today, U.S. District Judge John E. Dowdell sentenced Mirando to 33 months in prison, for both bank fraud and money laundering, to be followed by five and three years of supervised release.

The court also ordered a criminal forfeiture money judgment in the sum of $589,393, representing proceeds obtained through those crimes. All monies will go to provide restitution to the victim.

“Mirando chose to violate and abuse both his position of trust as a formerly licensed attorney and his position of trust as a court appointed guardian for the victim of this horrible fraud. Embezzling almost $600,000 from a vulnerable individual who was receiving medical treatment in order to maintain an extravagant personal lifestyle for himself and his family is inexcusable. Even more egregious, Mirando used his skills as an attorney to conceal the theft for three years by laundering the proceeds of the bank fraud scheme through the movement of cash between multiple bank accounts. The violation of such positions of trust should be severely punished as a deterrent”, said U.S. Attorney Shores.

The victim told the court at length how Mirando’s fraud harmed her financially. The victim questioned why Mirando had made no attempt to repay her in the three years that had passed since the discovery of the crime in late 2015.

Mirando was a self-employed, licensed attorney in the state of Oklahoma from 1989 until he was suspended in 2016 and then disbarred from the practice of law by the Oklahoma Supreme Court in 2018.

The bank fraud violations stem from a scheme in which Mirando used his position as an attorney and court-appointed Guardian to steal funds from his client, by causing funds to be disbursed from the victim’s IRA account at Wells Fargo in St. Louis, Missouri, without her knowledge, to an account Mirando controlled at Tulsa Teachers Credit Union (“TTCU”) where he then would withdraw the funds in cash. Mirando would then engage in financial transactions with the stolen funds for his personal benefit with the intent to conceal the proceeds of the fraud.

Beginning on January 3, 2013 and continuing through December 2015, Mirando requested distributions from the victim’s IRA account at Wells Fargo. When Wells Fargo would distribute the withdrawals to the TTCU account Mirando opened, Wells Fargo also withheld and paid Federal income tax and Oklahoma state income tax on each distribution. Mirando then would withdraw cash from the TTCU account and deposit the cash he withdrew into other accounts at TTCU in his name, his business’ name, and his wife’s name. The victim never made any cash withdrawals from the account at TTCU nor did the victim receive any cash directly from Mirando.

To further conceal the scheme, Mirando would withdraw cash from the TTCU account, wait a couple of hours or sometimes a day and then make cash deposits into other accounts at TTCU with the aggregate amount being slightly different from the total cash withdrawal.

Mirando had $782,357 under his control and custody, which was withdrawn from the victim’s IRA at Wells Fargo. From the foregoing amount, Mirando paid $121,000 directly to the victim and paid $14,074.23 to others on behalf of the victim.  The cumulative loss attributable to Mirando (inclusive of federal and state taxes that were paid by Wells Fargo on behalf of the victim), which were used for sentencing purposes, is in excess of $589,393.

Most of the stolen funds appear to have been used to support the lifestyle of Mirando and his family members. The 306 cash withdrawals Mirando made totaling $466,950 were subsequently deposited into his personal account, his business account, and his wife’s personal account and used to pay personal expenses. Coupled with the federal and state taxes paid by Wells Fargo on behalf of the victim and taken from the victim’s IRA, the total loss for sentencing purposes was in excess of $589,393.

This was a joint state/federal investigation involving the U.S. Department of Treasury, Internal Revenue Service – Criminal Investigation Division, Federal Bureau of Investigation, Tulsa Police Department, and Tulsa County District Attorney.   Assistant U.S. Attorneys Charles M. McLoughlin and Catherine J. Depew prosecuted the case.

On January 4, 2019, 37 year old Tyrone Lee, of Tulsa, pleaded guilty to robbery of the Forest Acres liquor store on February 22, 2018. During the robbery, Lee, who threatened the store employees with a loaded sawed off shotgun, was shot by the two store employees.  Lee pled guilty to all four counts of the Indictment which included the use and discharge of a firearm during and in relation to a crime of violence, possession of an unregistered firearm and felon in possession of a firearm.  There was no plea agreement in the case.

U.S. Chief District Judge Gregory Frizzell set sentencing in the matter for April 4, 2019.  Lee faces up to life imprisonment, fines up to $1,000,000 and up to 14 years supervised release.

U.S. Attorney Trent Shores stated: “The Justice Department’s Project Safe Neighborhoods initiative was designed to hold accountable violent “alpha criminals” like Tyrone Lee.  Today, he stood before a federal judge and admitted to violently robbing a local store with a sawed off shotgun. The actions of the two store clerks were courageous as they fought for their lives against an aggressive and violent shotgun-toting robber. I am thankful neither clerk suffered more serious physical injury. When sentencing occurs, the United States will ask the court for a lengthy sentence that reflects the seriousness of these crimes and the violent nature of this defendant.

This is the result of a joint investigation with the Tulsa Police Department, FBI and ATF.  Assistant U.S. Attorney Dennis Fries prosecuted the case.

Project Safe Neighborhoods is the nationwide federal initiative to disrupt gun violence strategically and comprehensively, using all available enforcement and prosecutive tools.  The initiative involves a partnership of federal, state, and local authorities, uniting their efforts and leveraging existing and new resources. The U.S. Attorney’s Office and its partners tailor their efforts to meet their own district’s unique needs, helping ensure the safety of communities in the Northern District of Oklahoma.

Hongjin Tan, a 35 year old Chinese national and U.S. legal permanent resident, was arrested on Dec. 20 and charged with theft of trade secrets. Tan is alleged to have stolen the trade secrets from his employer, a U.S. petroleum company.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Trent Shores for the Northern District of Oklahoma, and Special Agent in Charge Kathryn Peterson of the FBI Oklahoma City Field Office.

“Hongjin Tan allegedly stole trade secrets related to a product worth more than $1 billion from his U.S.-based petroleum company employer, to use for the benefit of a Chinese company where he was offered employment,” said Assistant Attorney General Demers. “The theft of intellectual property harms American companies and American workers. As our recent cases show, all too often these thefts involve the Chinese government or Chinese companies. The Department recently launched an initiative to protect our economy from such illegal practices emanating from China, and we continue to make this a top priority.”  

“The United States filed a criminal complaint against a Chinese national alleging the theft of intellectual property from a company with significant operations in Oklahoma,” said U.S. Attorney Shores. “The value of the trade secrets in this case is estimated to be more than $1 billion dollars. Theft of critical research, development, and other intellectual property harms the economic prosperity and security of the United States. My office and the Federal Bureau of Investigation will utilize all tools available to respond to these types of threats. We will protect Oklahomans and Oklahoma businesses by prosecuting those who violate the law.”

Tan made an initial appearance Thursday before U.S. Magistrate Judge Jodi F. Jayne. A preliminary and detention hearing has been set for Dec. 26.

According to the criminal complaint, Tan allegedly stole trade secrets from a U.S.-based petroleum company regarding the manufacture of a “research and development downstream energy market product.” The company’s methods of developing the product are of great value, both economically and to competitors. Until recently, Tan worked for the petroleum company and allegedly downloaded hundreds of files, including files related to the manufacture of the product. Investigators allege that Tan was offered a job at a company in China where he planned to use these files to benefit his new employer. Tan has been residing in the United States for the past 12 years.

A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

The FBI conducted this investigation.

Assistant U.S. Attorney Joel-lyn A. McCormick of the Northern District of Oklahoma is prosecuting the case, with assistance from Trial Attorneys Matthew R. Walczewski and Matthew J. McKenzie of the National Security Division’s Counterintelligence and Export Control Section (CES) and Assistant Deputy Chief Brian J. Resler of the Criminal Division’s Computer Crimes and Intellectual Property Section (CCIPS).

TULSA, Okla. – Hongjin Tan, a 35 year old Chinese national and U.S. legal permanent resident, was arrested on Dec. 20 and charged with theft of trade secrets. Tan is alleged to have stolen the trade secrets from his employer, a U.S. petroleum company.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Trent Shores for the Northern District of Oklahoma, and Special Agent in Charge Kathryn Peterson of the FBI Oklahoma City Field Office.

“The United States filed a criminal complaint against a Chinese national alleging the theft of intellectual property from a company with significant operations in Oklahoma,” said U.S. Attorney Shores. “The value of the trade secrets in this case is estimated to be more than $1 billion dollars. Theft of critical research, development, and other intellectual property harms the economic prosperity and security of the United States. My office and the Federal Bureau of Investigation will utilize all tools available to respond to these types of threats. We will protect Oklahomans and Oklahoma businesses by prosecuting those who violate the law.”

"Hongjin Tan allegedly stole trade secrets related to a product worth more than $1 billion from his U.S.-based petroleum company employer, to use for the benefit of a Chinese company where he was offered employment," said Assistant Attorney General Demers. "The theft of intellectual property harms American companies and American workers. As our recent cases show, all too often these thefts involve the Chinese government or Chinese companies. The Department recently launched an initiative to protect our economy from such illegal practices emanating from China, and we continue to make this a top priority." 

Tan made an initial appearance Thursday before U.S. Magistrate Judge Jodi F. Jayne. A preliminary and detention hearing has been set for Dec. 26.

According to the criminal complaint, Tan allegedly stole trade secrets from a U.S.-based petroleum company regarding the manufacture of a “research and development downstream energy market product.” The company’s methods of developing the product are of great value, both economically and to competitors. Until recently, Tan worked for the petroleum company and allegedly downloaded hundreds of files, including files related to the manufacture of the product. Investigators allege that Tan was offered a job at a company in China where he planned to use these files to benefit his new employer. Tan has been residing in the United States for the past 12 years.

A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

The FBI conducted this investigation.

Assistant U.S. Attorney Joel-lyn A. McCormick of the Northern District of Oklahoma is prosecuting the case, with assistance from Trial Attorneys Matthew R. Walczewski and Matthew J. McKenzie of the National Security Division’s Counterintelligence and Export Control Section (CES) and Assistant Deputy Chief Brian J. Resler of the Criminal Division’s Computer Crimes and Intellectual Property Section (CCIPS).

TULSA, Okla. – An armed robber has been sentenced in U.S. District Court for the robbery of a Broken Arrow QuikTrip, announced U.S. Attorney Trent Shores.

Today, U.S. District Judge Claire V. Eagan ordered Devon Deshon Thomas, 23, of Tulsa, to prison for 13 years to be followed by three years of supervised release. 

“Thomas showed a complete disregard for the safety of the QuikTrip employees. He has a history of violence and intimidation. Over the past three years, he amassed four firearms and robbery arrests prior to committing the offense in this case. Thomas is the “alpha criminal” we aim to keep off the streets through Project Safe Neighborhoods,” said U.S. Attorney Trent Shores. “The citizens of Broken Arrow are fortunate that this conviction - an armed robbery for $300 - did not end in tragedy. Thomas will have plenty of time to reflect on his crime during his 13 year sentence. Meanwhile, our community will be safer with him behind bars.”

The United States prosecuted Thomas under the Hobbs Act, which specifically targets violent criminals who negatively impact interstate commerce. On Sept. 4, 2018, Thomas entered a guilty plea to robbery using coercion through force and fear. At his plea hearing, Thomas admitted to robbing a QuikTrip, located at 3502 West Kenosha Street, on May 30, 2018. Shortly after 3:30 a.m., two masked subjects brandishing what appeared to be firearms forced the QuikTrip attendant to open the cash register. The two stole nearly $300, then fled from the store in a four-door sedan with a damaged front-end.

Through the course of the investigation, the Broken Arrow Police Department, in conjunction with the FBI, linked Thomas to the vehicle used in the crime and identified him as one of the two subjects involved. Investigators then executed a search warrant and discovered two black air-propelled handguns that resembled actual firearms, as well as the clothes and mask matching descriptions previously provided to police. The two suspects were further implicated in surveillance video from a nearby Wal-Mart, where they could be seen shoplifting the air-propelled handguns shortly before the crime.

U.S. Marshals later apprehended Thomas at a residence in Louisiana. At the time, he continued to evade arrest, brandishing a large knife at officers until he was eventually taken into custody.

Thomas has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility.

Previously in 2016, Thomas was convicted in Tulsa County District Court for multiple robberies. As part of the sentence, he was granted a one year judicial review. His sentence was later modified to eight years supervised release during the review. Thomas was released in August 2017. Within ten months, he was arrested for the QuikTrip robbery.

This prosecution was part of the Department of Justice’s Project Safe Neighborhoods initiative and resulted from a joint investigation conducted by the Broken Arrow Police Department, the the FBI, and the U.S. Marshals Service.  Assistant U.S. Attorney Ryan M. Roberts prosecuted the case.

Today, Acting Attorney General Matthew Whitaker and U.S. Attorney Trent Shores announced that the Department of Justice has amended the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), clarifying that bump stocks fall within the definition of “machinegun” under federal law, as such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. 

U.S. Attorney Trent Shores stated, “Ensuring the safety of all Americans is a priority of the Department of Justice. This rule makes bump stocks illegal. Once the rule is published in the Federal Register this week, individuals owning bump stock devices must turn them in to an ATF field office or destroy them within 90 days. The United States Attorney’s Office in the Northern District of Oklahoma continues to work closely with the Bureau of Alcohol, Tobacco, Firearms and Explosives, to enforce federal firearms laws in an effort to help keep Oklahomans safe.”

Acting Attorney General Whitaker made the following statement:

“President Donald Trump is a law and order president, who has signed into law millions of dollars in funding for law enforcement officers in our schools, and under his strong leadership, the Department of Justice has prosecuted more gun criminals than ever before as we target violent criminals. We are faithfully following President Trump’s leadership by making clear that bump stocks, which turn semiautomatics into machine guns, are illegal, and we will continue to take illegal guns off of our streets.”

On February 20, 2018, President Trump issued a memorandum instructing the Attorney General “to dedicate all available resources to… propose for notice and comment a rule banning all devices that turn legal weapons into machineguns.” In response to that direction the Department reviewed more than 186,000 public comments and made the decision to make clear that the term “machinegun” as used in the National Firearms Act (NFA), as amended, and Gun Control Act (GCA), as amended, includes all bump-stock-type devices that harness recoil energy to facilitate the continuous operation of a semiautomatic firearm after a single pull of the trigger. 

This final rule amends the regulatory definition of “machinegun” in Title 27, Code of Federal Regulations (CFR), sections 447.11, 478.11, and 479.11.  The final rule amends the regulatory text by adding the following language:  “The term ‘machine gun’ includes bump-stock devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semi-automatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.” Furthermore, the final rule defines “automatically” and “single function of the trigger” as those terms are used in the statutory definition of machinegun.  Specifically,

• “automatically” as it modifies “shoots, is designed to shoot, or can be readily restored to shoot,” means functioning as a result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through the single function of the trigger;
• “single function of the trigger” means single pull of the trigger and analogous motions.

Because the final rule clarifies that bump-stock-type devices are machineguns, the devices fall within the purview of the NFA and are subject to the restrictions of  18 U.S.C. 922(o).  As a result, persons in possession of bump-stock-type devices must divest themselves of the devices before the effective date of the final rule.  A current possessor may destroy the device or abandon it at the nearest ATF office, but no compensation will be provided for the device.  Any method of destruction must render the device incapable of being readily restored to its intended function. 

The final rule may be found here.

Information and instructions for destruction of the devices will be posted on ATF's website later today.
Please note:  This is the text of the final rule as signed by the Acting Attorney General, but the official version of the final rule will be as it is published in the Federal Register.

A Tulsa man entered a guilty plea today for defrauding a bank of nearly $5 million and to bankruptcy fraud, announced U.S. Attorney Trent Shores.

Zealand Benjamin Thigpen III, 68, pleaded guilty in U.S. District Court to defrauding Arvest Bank of $4,754,488 from 2015 to 2017.

As part of his scheme, Thigpen owned and operated Julimar Trading, LLC., which bought and sold refined metal alloys, principally for the production of steel. Julimar’s operations were funded by Avrest Bank and, in part, guaranteed by the Small Business Administration. The bank financing was secured by his company’s inventory and accounts receivable, as well as Thigpen’s personal guarantees. When submitting financial documentation to the bank on October 4, 2016, Thigpen provided false information about the value of Julimar’s inventory and accounts receivable, explaining the inventory was worth $5,816,335. As a result, Arvest and Small Business Administration continued his line of credit under false pretenses. In fact, the accounts receivable and inventory were nearly non-existent.

Later, on November 18, 2016, Thigpen filed pursuant to Chapter 7 in U.S. Bankruptcy Court, and once again lied about Julimar’s inventory, stating that it was worth just over $3.3 million, when he was fully aware it only totaled only a few thousand dollars.

“Mr. Thigpen defrauded Arvest Bank and the federal government of more than $4.7 million. Moreover, he exploited a system set up to provide opportunities to innovative entrepreneurs pursuing legitimate businesses,” stated U.S. Attorney Trent Shores. “Fraudsters like Mr. Thigpen hurt the health of our economy. Our federal prosecutors who focus on white collar crime take great pride in the fact that they help protect the integrity of our financial institutions. I appreciate their diligence and commitment to upholding the rule of law.”

As part of his plea, Thigpen agreed to the entry of a forfeiture money judgment of $4,754,488. U.S. District Judge Claire V. Eagan set sentencing for March 20, 2019. Thigpen faces a maximum penalty of 30 years in prison as to the bank fraud and 5 years in prison as to the bankruptcy fraud.                    

This case resulted from a joint investigation performed by the Offices of Inspectors General of the Department of the Treasury and the Small Business Administration and was prosecuted by Assistant U.S. Attorney Kevin C. Leitch.

TULSA, Okla. – A former University of Oklahoma football player has been ordered to federal prison following his conviction of conspiracy to commit wire fraud in a scheme that defrauded investors of $869,300 announced U.S. Attorney Trent Shores. Timothy Hamilton, 31, of Dallas, Texas, pleaded guilty Sept. 14, 2018.

Today, U.S. District Judge John E. Dowdell sentenced Hamilton to the maximum allowable penalty of 60 months in prison to immediately be followed by three years of supervised release.

The court also ordered a criminal forfeiture money judgement in the sum of $869,300, representing proceeds obtained through the conspiracy. All monies will go to provide restitution to the victims.

“T.J. Hamilton’s extravagant and indulgent lifestyle was fraudulently built on the financial savings of those who believed in him. Hamilton persuaded investors to part with their money by exploiting his status as a former University of Oklahoma football player, using his church connections, making a false claim that he was a chemical engineer, and through the bogus endorsements of his products supposedly from former University of Oklahoma athletes,” said U.S. Attorney Trent Shores. “Hamilton repeatedly lied to 18 investors in order to bilk them out of almost $900,000. He compounded his crime by lying under oath in civil suits brought by those same investors in order to conceal his crimes. His scheme had a severe impact on victims, most notably a widow who lost her life savings.  In court today, T.J. Hamilton faced those he cheated. He now has to deal with the consequences of his criminal actions.”

Victims told the court at length how Hamilton’s fraud harmed their professional and personal reputations. They further expressed that they trusted Hamilton and wanted to support his vision. Instead he cheated them. The financial impact of his fraud was devastating.

In handing down the sentence, Judge Dowdell noted that Hamilton had many opportunities in the course of his business ventures to inform investors of initial business failures, but he continued to accumulate investors, systematically draining members of his church and others of an exorbitant amount of money. The judge further noted that Hamilton’s charm, innate intelligence and ability to lie without remorse allowed him to steal almost $900,000 from victims in order to live lavishly.

At his plea hearing, Hamilton, who goes by T.J. Hamilton, admitted to promoting false investment opportunities relating to business ventures that were purportedly going to produce and market sportswear and nutritional supplements.  At the time of his crime, Hamilton was a resident of Oklahoma.

As part of the scheme, Hamilton established and claimed to be the President and CEO of multiple companies. The Clean Athlete, LLC, established in 2011, promoted sportswear that could supposedly control the sweat and odor that comes with athletic play.  Two other companies, Clean Athlete Nutrition, LLC, and Complete Athlete Nutrition, LLC, both established in 2012, claimed to create supplements that would improve athletes’ metabolism. His parents, Gena and Timothy Hamilton, were managing members of the companies. They both pleaded guilty on Sept. 14, 2018, for providing false income information in order to receive a car loan from a bank.

Upon receipt of investor funds, the Hamiltons used a majority of the money for personal gain, primarily for T.J. Hamilton’s country music career ambitions and his extravagant lifestyle.

The Department of Treasury, Internal Revenue Service—Criminal Investigation Division investigated the case.  Assistant U.S. Attorneys Kevin C. Leitch, Richard M. Cella, Charles M. McLoughlin and Catherine J. Depew prosecuted the case.

TULSA, Okla. – A former bank loan officer pleaded guilty today in U.S. District Court to defrauding Oklahoma State Bank, in Vinita, of more than $177,000, announced U.S. Attorney Trent Shores.

Charles Lee Enyart, 46, of Vinita, pleaded guilty to two counts of embezzlement and willful misapplication by a bank officer. 

Enyart admitted to embezzling funds from November 2016 to December 2017 while employed at the bank. On Nov. 28, 2016, Enyart received $99,000 based on a false loan application to purchase cattle that he submitted under another individual’s name. Later, from September to December 2017, Enyart made multiple cash withdrawals and purchased cashier’s checks, using proceeds from a separate construction loan. Enyart withdrew the money under false pretenses, stating the money was to be used for the benefit of the individual who had applied for the loan. In both instances, he admitted to knowing the loans were insured by the Federal Deposit Insurance Corporation (FDIC) and that he used the money for his own personal benefit.

“Charles Enyart lacked the integrity required for the position the bank entrusted to him. He used the good names of individuals in the Vinita community for his own personal gain, taking out loans in their names or stealing funds from their accounts,” said U.S. Attorney Trent Shores. “Prosecuting white collar crime is a priority for the Department of Justice. My Assistant U.S. Attorneys will continue to prosecute individuals, like Mr. Enyart, who break the law by committing embezzlement and fraud and work to recover funds for their victims.”

U.S. District Chief Judge Gregory K. Frizzell accepted the guilty plea and set sentencing for March 11.  At that time, Enyart faces a possible maximum penalty of 30 years in prison, a $1 million fine, and five years of supervised release. 

The FBI and Craig County District Attorney’s Office conducted the investigation. Assistant U.S. Attorney Joe Wilson prosecuted the case.

TULSA, Okla.— A grand jury returned an indictment today charging three men, including two physicians, with violations of the federal anti-kickback statute as well as conspiring to commit health care fraud, announced U.S. Attorney Trent Shores. 

“Health care fraud is not a victimless crime. It has a costly effect on the taxpayer and beneficiaries enrolled in Medicare, TRICARE, and workers compensation coverage under the Federal Employees Compensation Act,” said U.S. Attorney Trent Shores. “The Justice Department will not stand idly by while physicians exploit federal programs designed to help American families. I encourage the public to report suspicious health care practices and billing to federal authorities. We will investigate and bring to justice those defrauding our system for their personal benefit.”

The criminal indictment alleges that since November 2012, Christopher Parks, 57, and Dr. Gary Lee, 58, both of Tulsa, engaged in a conspiracy to unlawfully pay kickbacks and bribes to physicians in order to induce the physicians to write compounding prescriptions to pharmacies with whom the two were affiliated, including OK Compounding LLC in Skiatook, One Stop RX LLC in Tulsa and NBJ Pharmacy LLC and Airport McKay Pharmacy, both in Houston. The defendants then allegedly submitted large claims for payment to federal health care programs and private insurers and divided the profits.

Dr. Jerry Keepers, 65, of Kingwood, Texas, is also named as a defendant in the indictment. He is charged with soliciting and receiving over $860,000 in illegal bribe and kickback payments from Parks and Lee and also conspiring with the two men to commit healthcare fraud.

Compounding prescriptions is a practice in which a pharmacist or physician combines, mixes or alters ingredients of a drug or multiple drugs to create a medication that is tailored to the specific needs of a patient. These medications are prescribed when standard Food and Drug Administration (FDA) approved drugs are unsuitable for the patient. They are also more expensive and reimbursed at a far higher rate by federal and private insurance companies. Compounded drugs are not to be mixed or marketed in bulk.

The indictment alleges physicians were provided pre-printed prescription pads that listed compounding formula choices. Participating physicians allegedly checked a box with their preferred selection and then faxed it directly to the associated pharmacies, rather than writing a prescription tailored to the patient who could then take it to a pharmacy of their choice.

Payments to physicians were disguised through various sham business arrangements, according to the indictment. For example, physicians would allegedly enter into agreements with a pharmacy to serve as “medical directors.” However, the physicians would provide no actual services as medical directors, according to the charges. Instead, physicians were allegedly paid kickbacks for writing prescriptions for medications whether or not their patients needed them and sending the prescriptions to pharmacies affiliated with Parks and Lee.  As a result of Parks and Lee’s scheme, federal health care programs suffered a total estimated loss of at least $4.7 million.

Conspiracy to violate the anti-kickback statute carries a possible maximum sentence of five years in prison and a $250,000 fine, while violating the anti-kickback statute carries up to 10 years in prison and a $100,000 possible fine. A conviction of health care fraud without injury or death carries also carries a possible maximum of 10 years in prison, but if resulting in injury or death, the maximum penalty climbs to 20 years or life in prison, respectively. 

Assistant U.S. Attorneys Melody N. Nelson and Richard M. Cella are prosecuting the case.  The Defense Criminal Investigative Service, Department of Labor-Office of Inspector General (OIG), IRS - Criminal Investigation, U.S. Postal Service-OIG, FBI and the Department of Health and Human Services-OIG conducted the investigation.

An indictment is a formal accusation of criminal conduct, not evidence.

A defendant is presumed innocent unless convicted through due process of law.

TULSA, Okla.— United States Attorney Trent Shores announced today the results of the December 2018 Federal Grand Jury.

The Grand Jury returned seven unsealed indictments, including charges against three men in three separate cases who tried to injure or kill deputies or federal agents, said U.S. Attorney Trent Shores.

James Kent Patrick Hill, 57, of Claremore, and Brian Kirk Marshall, 49, of Pattonsburg, Missouri, both are charged, in part, with obstruction of justice by attempting to kill deputies or federal agents.  Additionally, Gary Dewayne Miller, 44, of Vinita, is charged, in part, with tampering with a law enforcement officer by physical force or threat.

“Close collaborative relationships among prosecutors and local, state, and federal law enforcement are key to fighting crime and making communities safer for the people of Oklahoma and throughout our nation. Criminals attempting to injure or kill a member of law enforcement will be prosecuted and brought to justice,” said U.S. Attorney Trent Shores. “The men and women of law enforcement face threats, both expected and unexpected, at a moment’s notice and still choose to wear the uniform.  I am thankful for their service. The U.S. Attorney’s Office in the Northern District of Oklahoma supports their work and will do our part to hold those criminals accountable who harm our vital law enforcement partners.”

The defendants’ charges are listed below followed by the other December indictments. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

James Kent Patrick Hill. Possession of Methamphetamine with Intent to Distribute; Possession of Marijuana with Intent to Distribute; Possession of Alprazolam and Diazepam with Intent to Distribute; Possession of Firearms in Furtherance of Drug Trafficking Crimes; Obstruction of Justice by Attempting to Kill a Witness; Possession of a Firearm in Furtherance of a Crime of Violence; Felon in Possession of Firearms and Ammunition. Hill faces multiple charges for possession with intent to distribute drugs, including methamphetamine, marijuana, alprazolam, and diazepam. He is further charged with possessing firearms to further his crimes and with being a felon in possession of 10 firearms, including shotguns, rifles and pistols and more than 1,000 rounds of associated ammunition. Finally, Hill is charged possession of a firearm in furtherance of a crime of violence and with attempting to kill a Rogers County Sheriff’s deputy, while trying to escape from law enforcement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Verdigris Police Department and Rogers County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Mark R. Morgan is prosecuting the case.

Brian Kirk Marshall. Assaulting Federal Officers; Obstruction of Justice by Attempting to Kill Witnesses; Carrying, Using, and Discharging a Firearm During and in Relation to a Crime of Violence; Possession of a Firearm and Ammunition After a Conviction for a Misdemeanor Crime of Domestic Violence. Marshall is charged with forcibly assaulting FBI agents while they were executing a search warrant of a Kansas, Oklahoma, residence; carrying, using, and discharging a firearm during a crime of violence; and possessing a firearm and ammunition after being convicted of third degree domestic assault in Missouri in 2008. An additional charge of obstruction of justice by attempting to kill FBI agents was added to the original charges that were filed in November.

The FBI is the investigative agency. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.

Gary Dewayne Miller. Felon in Possession of a Firearm and Ammunition; Tampering With a Witness by Physical Force or Threat; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence. Miller is charged with being a felon in possession of a Ruger, Model P89DAO, 9mm semi-automatic pistol and associated ammunition, brandishing a firearm during a crime of violence, and tampering with a witness by threat of force. Sheriff’s deputies were called to Miller’s residence after shots were fired during a domestic dispute. Miller previously left the residence but returned while deputies were there. When the deputies tried to make an arrest, Miller allegedly fled in his SUV. Miller allegedly brandished a firearm at the deputies, rammed their police cruiser with his own vehicle, and then escaped on foot. He ran back to his home where he barricaded himself with others inside the residence. He was eventually arrested.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Delaware County Sheriff’s Office and Oklahoma Highway Patrol SWAT Team are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case.

December Indictments Continued:

Marcos Gomez-Garcia. Alien Unlawfully in the United States in Possession of a Firearm and Ammunition; Reentry of Removed Alien. Marcos Gomez-Garcia, 37, of Bartlesville, is charged with being an alien knowingly possessing a Smith & Wesson, Model M&P 15-22, .22 semi-automatic rifle. He is also charged with reentry of a removed alien, having returned to the United States unlawfully after being deported on June 20, 2009, at Nogales, Arizona. The weapon was discovered during a traffic stop, where Gomez-Garcia allegedly said he planned to use the weapon to harm someone who had assaulted him earlier that day. The Dewey Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.

Gary Robert Lee, Christopher R. Parks, and Jerry May Keepers. Conspiracy to Offer or Pay Health Care Kickbacks; Soliciting or Receiving Health Care Kickback; Conspiring to Commit Health Care Fraud. Dr. Gary Robert Lee, 58, and Christopher R. Parks, 57, both of the Tulsa area, are charged with conspiring to pay health care kickbacks to physicians. The two men allegedly bribed physicians to write unnecessary prescriptions for expensive compounded drugs to be submitted to pharmacies the two were affiliated with, including OK Compounding LLC in Skiatook; One Stop RX LLC in Tulsa; and NBJ Pharmacy LLC and Airport McKay Pharmacy, both in Houston. The two then allegedly submitted large claims for payment to federal health care programs and private insurers and divided the profits. Dr. Jerry May Keepers, 65, of Kingwood, Texas, licensed in Oklahoma and Texas, is also named in the indictment. Keepers is charged with receiving kickbacks in exchange for writing prescriptions for compounded drugs, often receiving up to $25,000 per month, and submitting them to pharmacies affiliated with Lee and Parks. All three men are all charged with conspiracy to defraud government health care insurance programs, including Medicare, TRICARE, and the Federal Employees’ Compensation Act. The Defense Criminal Investigative Service, Department of Labor-Office of Inspector General, Internal Revenue Service, U.S. Postal Service-Office of Inspector General, FBI and U.S. Department of Health and Human Services-Office of Inspector General are the investigative agencies.

Timmy Edward Pinkley. Felon in Possession of a Firearm and Ammunition. Timmy Edward Pinkley, 43, of Grove is charged with being a felon in possession of a Hi-Point, Model CF380, .380 Auto caliber pistol and associated ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Delaware County Sheriff’s Office are the investigative agencies.

Gregorio Sanchez-Hernandez. Reentry of Removed Alien. Gregario Sanchez-Hernandez, 43, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Jan. 29, 2014, at Del Rio, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

A 36-year old convicted sex offender has entered a guilty plea for failing to notify authorities of international travel, announced U.S. Attorney Trent Shores.

On Oct. 25, the U.S. Marshals Northern Oklahoma Violent Crimes Task Force apprehended Kaylynn Dee Meyer, of Vinita, in Puerto Vallarta, Mexico.  Today she pleaded guilty in U.S. District Court to failure to report information required by the Sex Offender Registration and Notification Act that she intended to and did, in fact, travel outside the United States.

In 2013, Meyer was convicted of enabling child sexual abuse in Pawnee County. She was sentenced to 15 years in prison, with all but the first six months suspended. A warrant for her arrest was subsequently issued in 2017 in Craig County for failure to register as a sex offender and for a new accusation of child abuse by injury. Authorities had been unable to locate Meyer until she was discovered in Mexico.

“Convicted sex offenders do not get to avoid registration. Communities should be aware when a convicted sexual predator is residing, working, or going to school in their neighborhood. The defendant in this case, Kaylynn Meyer, repeatedly violated her requirements to register under the Sex Offender Registration and Notification Act. Fleeing to Mexico could not stop the wheels of justice from turning. Thanks to the United States Marshals Northern Oklahoma Violent Crimes Task Force and our partners in the Craig and Pawnee County Sheriff’s Offices, Kaylynn Meyer will not escape accountability,” said U.S. Attorney Trent Shores. “Ensuring the timely and updated registration of sex offenders is an important duty to protecting our families and our community at large.”

U.S. District Judge Claire V. Eagan scheduled Meyer’s sentencing for March 6. Meyer will remain in custody until that time when she potentially faces a maximum sentence of 10 years in prison and a $250,000 fine.

The U.S. Marshals Service and the Craig and Pawnee County Sheriff’s Offices are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case.

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

The U.S. Department of Justice along with U.S. Attorney Trent Shores, Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues, announced today the opening of the grant solicitation period for comprehensive funding to Indian Country to support crime prevention, victim services, and coordinated community responses to violence against native women.

The Department’s FY 2019 Coordinated Tribal Assistance Solicitation, or CTAS, posts today online at https://www.justice.gov/tribal/open-solicitations. The solicitation contains details about available grants and describes how federally-recognized tribes, tribal consortia and Alaska Native villages can apply for the funds.

“Native Americans are victims of violent crime at a rate more than double that of any other racial or ethnic group in the United States. That is unacceptable. I believe these grants will help those on the front lines who are working to reduce violent crime and help victims. Reducing violent crime requires a multilayered and multidisciplinary approach. An entire community must be involved in developing workable solutions, not only law enforcement officials. These grants could benefit Native American populations in northeastern Oklahoma by providing critical funding to enhance tribal justice systems, community policing, temporary housing for victims of domestic abuse, and counseling programs for children who are victims of violence,” said U.S. Attorney Trent Shores. “I hope that I can help facilitate the allocation of some of these funds into the hands of tribal communities in the most need, especially those in northeastern Oklahoma. In order to reduce violent crime rates in Indian Country, we must help ensure the resources are in place to do so.”

“Public safety professionals serving American Indian and Alaska Native communities frequently find themselves under-resourced and over-extended,” said Principal Deputy Associate Attorney General Jesse Panuccio. “This funding will give tribal officials the tools they need to fight violent crime, protect their citizens, serve victims, and deliver justice.”

The funding from the Department of Justice’s Bureau of Justice Assistance (BJA), Office for Juvenile Justice and Delinquency Prevention (OJJDP), Office for Victims of Crime (OVC), Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW) can be used for a variety of public safety and justice-related projects and services. Funds can be used to enhance law enforcement; bolster adult and juvenile justice systems; prevent and control juvenile delinquency; serve native victims of crimes such as child abuse, sexual assault, domestic violence, and elder abuse; improve responses to violence against native women; and support other efforts to combat crime.

New to FY 2019 CTAS is funding designated specifically to address violent crime in native communities (Purpose Area 10). Additionally, the Comprehensive Tribal Victim Assistance Program will be replaced by the Tribal Victim Services Program (Purpose Area 7) in FY 2019. This new program will provide funding to a higher number of applicants and provides funding for a broad range of activities, including a needs assessment, strategic planning, program development and implementation, program expansion, and other actions to address the victim service needs of tribes.

Applications for CTAS are submitted online through the Department’s Grants Management System, or “GMS.” Applicants must register with GMS prior to submitting an application. The application deadline is 9 p.m. EDT, Feb. 26, 2019.  Applicants will submit a single application and select from any or all of the 10 competitive grant programs, referred to as “purpose areas.” This approach allows the Department’s grant-making components to consider the totality of a tribal nation’s overall public safety needs. 

The 10 purpose areas are:

•          COPS Office’s Public Safety and Community Policing

•          Comprehensive Tribal Justice Systems Strategic Planning

•          BJA’s Tribal Justice Systems

•          BJA’s Tribal Justice System Infrastructure Program

•          OVW’s Violence Against Women Tribal Governments Program

•          OVC’s Children’s Justice Act Partnerships for Indian Communities

•          OVC’s Tribal Victim Services Program

•          OJJDP’s Juvenile Tribal Healing to Wellness Courts

•          OJJDP’s Tribal Youth Program

•          BJA’s Addressing Violent Crime in Native Communities

Fact sheets detailing each of the individual purpose areas can be found online at: https://www.justice.gov/tribal/grants. The Department will also facilitate a series of webinars to guide applicants through the CTAS application requirements. Details, including how to register for these webinars, will be made available online in coming weeks at https://www.justice.gov/tribal/open-solicitations.

Additionally, tribes and tribal consortia may also be eligible for non-tribal federal grant programs and are encouraged to explore other funding opportunities, which may be found at DOJ’s Tribal Justice and Safety website at https://www.justice.gov/tribal/open-solicitations or the www.grants.gov website.

In FY 2018, the Department funded 125 tribes with 225 awards across nine grant programs totaling more than $113 million.

CTAS is administered by the Department’s Office of Justice Programs, Office of Community Oriented Policing Services and Office on Violence Against Women.

Today’s announcement is part of the DOJ’s ongoing initiative to increase engagement, coordination and action on public safety in tribal communities.

A Tulsa man, identified by law enforcement and prosecutors as being a “Top Ten” Alpha criminal, was sentenced today for participating in a methamphetamine and heroin distribution conspiracy and for possession of methamphetamine and heroin with intent to distribute, announced U.S. Attorney Trent Shores.

U.S. District Judge Claire V. Eagan sentenced Dannie Dee Dill, 47, to 10 years in federal prison to be followed by four years of supervised release. 

On Sept. 5, Dill pleaded guilty to the charges of drug conspiracy, possession of a firearm in furtherance of a drug trafficking crime, and removal of property to prevent seizure. The latter charge resulted from Dill removing $15,000 from co-conspirator Darowe Jones’ residence in an effort to hide the drug proceeds from investigators.

“Danny Dill’s drug dealing venture is now closed for business. No longer will he be able to distribute deadly narcotics like methamphetamine and black tar heroin,” said U.S. Attorney Trent Shores. “Thanks to the efforts of the Tulsa Police Department partnering with federal agents, this conspiracy has been shut down.”

From August 2017 to April 2018, Dill and his co-conspirators participated in a scheme to distribute illegal narcotics, including heroin and methamphetamine, in the greater Tulsa area. As part of the scheme, Dill stored narcotics and drug proceeds at two different houses, one in Broken Arrow and one in Tulsa.  His narcotics source of supply sent illegal drug shipments for distribution from outside of the state of Oklahoma to the Broken Arrow location. To further his drug trafficking activities, Dill stored a loaded Glock handgun in the Broken Arrow home.

Dill and his accomplices were arrested as part of Operation Alpha, a Project Safe Neighborhoods’ initiative that sought northern Oklahoma’s most dangerous criminals. Phase One of the Operation Alpha initiative utilized crime mapping technology to target areas with high rates of crime and focused on the area surrounding 21st Street and Garnett Road in Tulsa.  Phase one operations took place from mid-April through mid-June 2018 and resulted in 174 felony arrests and seizure of 106 firearms.

Dill’s co-conspirators included Cherie Michelle Kelley, 36, Cynthia Santagata, 32, and Darowe Junior Jones, 39, all of Tulsa. Jones, also labeled a “Top Ten” Alpha criminal, was a one-stop shop for the distribution of methamphetamine, black-tar heroin, cocaine, ecstasy, marijuana, and Xanax. On Oct. 24, a jury convicted Jones of conspiring to distribute more than 50 grams of methamphetamine and more than 100 grams of heroin.  He is scheduled to be sentenced Jan. 28.  Kelley pleaded guilty to the conspiracy charges and will be sentenced Dec.18. Santagata also pleaded guilty to conspiracy charges and will be sentenced Jan. 8.

Dill remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.

Law enforcement agencies involved in the coordinated effort to bring Dill into custody included the Tulsa Police Department, FBI, U.S. Marshals Service, and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Joel-lyn A. McCormick and Thomas E. Duncombe prosecuted the case.

Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders in an effort to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. 

TULSA, Okla. A Kellyville woman was convicted today in U.S. District Court of embezzling in excess of $1,000 from an Indian tribal organization, announced U.S. Attorney Trent Shores.

Linda Kay Buchanan, 51, pleaded guilty to embezzling money from a Kellyville Indian Community general fund account from December 2014 to February 2018. The Kellyville Indian Community is a community of the Muscogee (Creek) Nation.

Investigators estimate Buchanan embezzled more than $40,000 from the general fund. 

“Ms. Buchanan had a fiduciary responsibility in her position of financial oversight of bank accounts. She acted selfishly toward the community she was trusted to serve for more than three years,” said U.S. Attorney Trent Shores. “Embezzlement and financial corruption can be devastating with far reaching losses. It is through a strong collaborative partnership between the Muscogee (Creek) Nation Attorney General’s Office and the FBI that Ms. Buchanan was brought to justice.”

The Kellyville Indian Community discovered Buchanan’s illegal activity after they removed her as treasurer. When board members tried to access monies from the general account that Buchanan was formerly responsible for, they discovered there were insufficient funds. Investigators found that Buchanan had illegally written checks made out to herself and to cash for her own personal use during her time as treasurer.

U.S. District Chief Judge Gregory K. Frizzell scheduled sentencing for Feb. 27. Buchanan was released under conditions until sentencing and potentially faces a maximum penalty of five years in prison, a $250,000 fine, and three years of supervised release.

This case resulted from a joint investigation performed by the Muscogee (Creek) Nation Attorney General’s Office and the FBI and was prosecuted by Assistant U.S. Attorney Shannon Cozzoni.

TULSA, Okla. – A Claremore physician pleaded guilty today in U.S. District Court to leading multiple conspiracies to write fraudulent opioid prescriptions in an effort to support his drug habit.

United States Attorney Trent Shores announced that Dr. Jeremy David Thomas, 42, of Owasso, was convicted of drug conspiracies in five separate federal cases.

Today’s guilty pleas stem from Thomas’ issuance of fraudulent prescriptions for the opioid hydrocodone to multiple co-conspirators who were his patients. His accomplices then filled the prescriptions at area pharmacies and delivered some or all of the hydrocodone tablets to Thomas. As a result of their illegal pill sharing activity, Thomas and his co-conspirators diverted more than 13,740 doses of the drug during a two year period, mainly for the physician’s illegal personal use.

“We need to be more aware today than ever before of the dangers of opioid addiction. The defendant, Dr. Thomas, risked the lives of his patients by performing an estimated 2,500 surgical procedures while under the influence of opioids. Dr. Thomas exploited the special Doctor-patient relationship to feed his addiction. He became a drug dealer hiding behind a medical license,” said U.S. Attorney Trent Shores.

Assistant Special Agent in Charge Richard W. Salter (Oklahoma District) added, “The number of Americans dying each day from opioid overdoses is alarming.  There are few, if any, communities that have been spared by this epidemic. The elimination of this drug trafficking organization will absolutely spare lives. While the vast majority of the medical professionals in this country are committed to saving lives, there are a few who are merely drug dealers hiding behind lab coats, and driven by greed. The DEA in Oklahoma, in collaboration with our state, local, and tribal law enforcement partners, will continue to aggressively investigate and prosecute anyone who illegally diverts or traffics opioids in our communities. The success of this case is the direct result of outstanding collaboration among the Rogers County District Attorney’s Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD), the Northern District of Oklahoma U.S. Attorney’s Office, and the DEA Tulsa Resident Office.” 

Investigators from the Rogers County District Attorney’s Office played a significant role in investigating the pill sharing conspiracy.

"This case illustrates the far-reaching impact of opioid abuse and its effects across society. I appreciate the work by the United States' Attorney's Office and law enforcement to remove the source of these illegally diverted drugs," said Rogers County District Attorney Matthew J. Ballard.

Also implicated in the drug conspiracies are Jeffrey Lee Koger, 47, of Claremore; Joseph Marcus Jones, 36, of Claremore; Toni Dawn Martin, 49, of Owasso; Shawn Del Martin, 50, of Owasso; and Chad Lee Choat, 46, of Claremore.

U.S. District Judge John E. Dowdell set Thomas’ sentencing for Feb. 28, at 10 a.m.  At that time, Thomas faces a maximum penalty of 20 years in prison and a $2 million fine for each count of Drug Conspiracy and Distribution.

Thomas was remanded into the custody of the U.S. Marshals Service.

The Rogers County District Attorney’s Office, the Drug Enforcement Administration, and the Oklahoma Bureau of Narcotics and Dangerous Drugs conducted the investigation. Assistant U.S. Attorney Joel-lyn McCormick prosecuted the case. AUSA McCormick is the Lead Attorney for the Organized Crime Drug Enforcement Task Force Unit for the Northern District of Oklahoma.

This investigation and resulting conviction are part of the Department of Justice and Department of Health and Human Services’ 2018 National Healthcare Fraud and Opioid Takedown initiative, the largest ever healthcare fraud enforcement action. The opioid related enforcement action charged 162 defendants, including 76 doctors, for their roles in illegally prescribing and distributing opioids and other dangerous narcotics.

Painkillers are involved in more than 80% of the prescription drug-related overdose deaths in Oklahoma, and hundreds of Oklahomans die each year due to these overdoses. To find help and resources to fight opioid addiction, visit the following site:

https://findtreatment.samhsa.gov/    

The Department of Justice along with U.S. Attorney Trent Shores, Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues, released today the annual report to Congress, Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act, as well as information about the progress of the Department’s initiatives to reduce violent crime and strengthen tribal justice systems.

The report reveals that in 2017, U.S. Attorney Offices prosecuted a majority of Indian country cases presented to them.  U.S. Attorney Offices declined prosecution of a minority of cases presented to them primarily due to insufficient evidence or referral to another prosecuting authority, such as a tribal prosecutor.  The report also shows that the FBI closed 12.5 percent more investigations in 2017 than in 2016 (see detailed findings below).

“The Department of Justice is committed to public safety in Indian country,” said Deputy Attorney General Rod J. Rosenstein.  “We have demonstrated this commitment over the past two years by investing substantial resources and supporting innovative programs that empower federal and tribal prosecutors and build the capacity of tribal justice systems.  Today’s report demonstrates that our work makes a difference.  Lasting public safety improvements in Indian country are best achieved when federal, state, and tribal law enforcement agencies work together.”

“The Justice Department’s Indian Country Investigations and Prosecutions Report reflects that the many coordinated efforts among United States Attorneys and tribal justice officials are making a difference,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma, and Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “Our work continues, and we must be resolute, in order to meet the challenges prevalent in American Indian and Alaska Native communities. In August, the Attorney General's Native American Issues Subcommittee met and renewed our commitment to finding meaningful and practical tools to help put an end to the disproportionate rates of violence afflicting Native Americans.  Among these, the department is expanding the use of cross-deputization agreements, access to criminal databases, funding for juvenile programs serving at-risk native youth, and services to victims and their families. We must continue to work together and find solutions to violent crime and drug trafficking in Indian Country. United States Attorneys are committed to upholding the federal trust responsibility and the rule of law in Indian Country.”

The Trump Administration has strengthened the Department’s commitment to Indian Country by prioritizing the reduction of violent crime throughout the United States—including in Indian Country. This reflects a recognition that Native Americans suffer from persistently high rates of violent crime, particularly domestic and sexual abuse of women and children, and like many communities in the United States, have been hit hard by both opioid and methamphetamine abuse. 

In April 2017, as part of the Department’s efforts under the Task Force on Crime Reduction and Public Safety, Attorney General Jeff Sessions announced a series of actions the Department would take to support law enforcement and maintain public safety in Indian Country.

The Justice Department recognizes that investigating crime and prosecuting those responsible is critical to public safety in Indian Country. To that end, the Justice Department’s partnerships with tribes, as well as all federal, state and local law enforcement, are crucial to success. The Department deploys innovative programs such as the Tribal Access Program, Tribal Special Assistant U.S. Attorneys, and numerous grant programs that enhance partnerships, increase information sharing, build capacity for local criminal justice systems, and provide services to victims of crime.

According to the report, in 2017 implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) remained an important priority for the Department. Federal prosecutors continued to utilize the federal assault charges created by VAWA 2013.  In Calendar Year (CY) 2017, federal prosecutors filed cases against 139 defendants under VAWA 2013’s enhanced federal assault statutes, which include enhanced sentences for certain crimes of domestic violence such as strangulation and stalking. They obtained 134 convictions (an increase of 30% from CY 2016 (103)). Also in CY 2017, prosecutors filed cases against 43 defendants in Indian country cases using the domestic assault by a habitual offender statute, 18 U.S.C. § 117, and obtained 29 convictions.

Cooperation among federal and tribal law enforcement and victim advocates is key to successfully prosecuting sexual assault crimes in Indian country. As of 2017, every U.S. Attorney Office with Indian country responsibilities has developed federal sexual violence guidelines designed to improve the federal response to sexual abuse in tribal communities.

The report also notes that the Tribal Liaison Program remains one of the most important components of the Department’s efforts in Indian country. TLOA requires that the U.S. Attorney for each district with Indian country appoint at least one Assistant United States Attorney to serve as a Tribal Liaison for that district.  They foster and facilitate relationships between federal and tribal partners that are vital to reducing violent crime. As part of their duties, Tribal Liaisons assist in developing multi-disciplinary teams to combat child abuse, work with SART teams on sexual abuse response, conduct community outreach, and coordinate the prosecution of federal crimes.

The information contained in the report shows the following:

• FBI’s CY 2017 statistics show a 12.5 percent increase in total closed investigations (2,210 total) compared to FBI’s CY 2016 statistics (1,960 total).  The FBI has investigative responsibility for federal crimes committed on approximately 200 Indian Reservations. This responsibility is shared concurrently with BIA-OJS and other federal agencies with a law enforcement mission in Indian country

• Approximately 79.5 percent (1,511 out of 1,900) of Indian country criminal investigations opened by the FBI were referred for prosecution.

• Of the 699 Indian country investigations that the FBI closed administratively without referral for prosecution, the primary reason for closing (approximately 21 percent) was that the case did not meet statutory definitions of a crime or U.S. Attorney’s Office (USAO) prosecution guidelines. In addition, analysis of CY 2017 data indicates that 15 percent of investigations closed administratively were closed due to unsupported allegations, meaning no evidence of criminal activity was uncovered during the investigations. Another reason for non-referral (20 percent) was that the deaths under investigations were determined to be the result of accident, suicide, or natural causes.

• 84 percent (141 out of 167) of the death investigations that were closed administratively by the FBI in CY 2017 were closed because the death was due to causes other than homicide (i.e., accidents, suicide, or natural causes).

• In CY 2017, the USAOs resolved 2,390 Indian country matters.

• The majority of Indian country criminal matters resolved by the USAOs in CY 2017 (1,499 out of 2,390) were prosecuted (charges filed in either District or Magistrate Court).

• The USAO declination rate remained relatively steady. USAO data shows that in CY 2017, 37% (891) of all (2,390) Indian country matters resolved were declined. USAOs declined cases at a similar rate in prior years: 34% (903) of all Indian country matters resolved (2,666) in CY 2016; 39% (1,043) of all Indian country matters resolved (2,655) in CY 2015; 34% (989) of all Indian country matters resolved (2,886) in CY 2014; 34% (853) of all Indian country matters resolved (2,514) in CY 2013; 31% (965) of all Indian country matters resolved (3,097) in CY 2012; and 38% (1,042) of all Indian country matters resolved (2,767) in CY 2011.

• The most common reason for declination by USAOs was insufficient evidence (70.9% in CY 2017, 68.0% in CY 2016, 71.7% in CY 2015, 59.6% in CY 2014, 55.6% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (13.2% in CY 2017, 16.4% in CY 2016, 13.8% in CY 2015, 16.3% in CY 2014, 20.8% in CY 2013, and 24% in CY 2012).

The data presented in this report covers only those offenses reported to the FBI and federal prosecutors. The majority of criminal offenses committed, investigated, and prosecuted in Indian Country are adjudicated in tribal justice systems. In much of Indian Country, tribal law enforcement and tribal justice systems hold criminals accountable, protect victims, provide youth prevention and intervention programs, and confront precursors to crime such as alcohol and substance abuse. These efforts are often in partnership with federal agencies or accomplished with support from federal programs and federal funding opportunities.

Read the entire report at www.justice.gov/tribal/tloa.html

Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html

A federal judge sentenced two men today in U.S. District Court for conspiring to brandish a firearm during a Dec. 26, 2017, carjacking, and for firing at a Tulsa police officer during the resulting pursuit, announced U.S. Attorney Trent Shores.

U.S. District Judge John E. Dowdell sentenced Brandon Mendinghall, 24, of Stillwater, to 16 years in federal prison. As part of his guilty plea on Aug. 20, Mendinghall admitted to conspiring to rob a woman at gun point, steal the car she was driving and assist his co-conspirator during a police pursuit.

At a separate hearing, Judge Dowdell sentenced his co-conspirator, Michael Newlin, 19, of Owasso, to 32 years in federal prison for multiple charges, including conspiracy to carry, brandish and use a firearm during a crime of violence; carjacking; brandishing a firearm in furtherance of a crime of violence, obstruction of justice by attempting to kill a witness; and discharging a firearm at an officer. 

On Aug. 9, Newlin pleaded guilty to the charges, admitting that he brandished the firearm during the carjacking and fired at the officer while evading arrest. 

“Project Safe Neighborhoods was designed to prosecute violent criminals like Newlin and Mendinghall. These two defendants bought a ticket to federal prison the moment they decided to carjack the victims and then shoot at a police officer,” said U.S. Attorney Trent Shores. “The facts of this case are a stark reminder of the frequent dangers encountered by police officers as they risk their lives to protect our community. Tulsa is a safer place with these two behind bars. Thanks to the joint local-federal investigations and prosecutions in this case, these defendants will face serious consequences for their acts.”

Both men have been and will remain in custody until transferred to a U.S. Bureau of Prison’s facility.

The FBI, Tulsa Police Department, and Tulsa County Sheriff’s Office were the investigative agencies.  Assistant U.S. Attorneys Ryan M. Roberts and Christopher J. Nassar represented the United States in this prosecution. Law enforcement, the U.S. Attorney’s Office and the Tulsa County District Attorney’s Office partnered in this case as part of the Justice Department’s Project Safe Neighborhoods. 

Project Safe Neighborhoods is the nationwide federal initiative to disrupt gun violence strategically and comprehensively, using all available enforcement and prosecutive tools.  The initiative involves a partnership of federal, state, and local authorities, uniting their efforts and leveraging existing and new resources. The U.S. Attorney’s Office and its partners tailor their efforts to meet their own district’s unique needs, helping ensure the safety of communities in the Northern District of Oklahoma.

A nurse from Edmond, Oklahoma, has agreed to pay the United States $130,000 for allegedly accepting illegal kickback payments from OK Compounding.

United States Attorney Trent Shores announced today that his office has entered into a settlement agreement with V. Erin Files, an Advanced Practice Registered Nurse, in order to recoup losses to the United States resulting from the illegal kickbacks.  This civil settlement resulted from an investigation into numerous healthcare providers writing prescriptions for pain creams compounded and sold by OK Compounding.

In 2013, Files prescribed these pain creams for her patients, facilitating the sale and distribution of the creams. As compensation for her services, OK Compounding, paid Files what was characterized by the parties as “medical director fees” based upon an hourly rate. However, the payments Files received from the company were, in actuality, “kickbacks.” Because some of her patients were insured by TRICARE, the health care program of the U.S. Department of Defense Military Health System for military service members and retirees, the kickbacks were in violation of the False Claims Act. It is illegal to pay or receive kickbacks in conjunction with federal healthcare insurance. 

Prohibitions against kickbacks are crucial to ensure that financial motives do not undermine the medical judgment of physicians and other health care providers.  The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs.

“Unfortunately, abuse and exploitation of federal healthcare programs happens. The False Claims Act is one of the tools we use to hold accountable individuals, health care providers, and companies who illegally take money from the coffers of our federal healthcare system,” said U.S. Attorney Trent Shores. “It is unacceptable that Ms. Files received kickbacks as part of her work with a federal healthcare program that supports our military service men and women and their families. This U.S. Attorney’s Office is committed to working with our state and federal partners to investigate those abusing the system. I appreciate the dedicated work of the investigators and attorneys from my Affirmative Civil Enforcement team who brought this case.”

The agreement resolves allegations that Ms. Files had an illegal financial relationship with OK Compounding, concerning pain creams in 2013.

This matter was handled by Assistant U.S. Attorney Marianne Hardcastle and is the product of a collaborative investigation by the FBI, the U.S. Department of Health & Human Services- Office of Inspector General, the Department of Defense- Defense Criminal Investigative Service, the Drug Enforcement Administration, the United States Postal Inspection Service, the Oklahoma Attorney General’s Office, the Oklahoma State Board of Pharmacy, the Oklahoma State Board of Medical Licensure and Supervision and the Food and Drug Administration- Office of Criminal Investigation.  The claims resolved by the settlement are allegations only; there has been no determination of liability.

A Claremore man entered a guilty plea on Tuesday to sexual exploitation of a child, announced U.S. Attorney Trent Shores.

Zachary Newberry, 25, admitted that he coerced the minor victim into performing sexual acts with him and recorded the encounter on his cell phone.

On July 30, the Tulsa Police Department received Newberry’s phone in an anonymous package, which was accompanied by a note stating the phone contained child pornography. Detectives from the police department’s Cyber Crimes Unit forensically examined the phone and discovered that it had been used to film a single video of child pornography. Other information recovered from the phone led detectives to Newberry, who eventually confessed to filming himself sexually abusing the adolescent victim.

"Newberry’s heinous crimes involving the exploitation of a child were discovered because someone sent to law enforcement a package containing his cell phone. Inside the package, this anonymous tipster left a note that child pornography would be found on the phone. I don’t know the identity of the tipster, but I thank him or her for helping us. The anonymous package was vital in bringing Newberry’s despicable, criminal offenses to light,” said U.S. Attorney Trent Shores. “We as a society must band together to stop the proliferation of child pornography. We must stop those creating and supplying it, as well as those who sickeningly demand it. Tulsa’s Cyber Crimes detectives are at the forefront of this battle. They deftly take up the charge to locate and apprehend these perpetrators. The Tulsa Police Department acted swiftly and with urgency to track down this perpetrator. Their efforts also resulted in our identifying and rescuing a child victim from further sexual abuse.”

U.S. District Judge John E. Dowdell set Newberry’s sentencing for Feb. 25, 2019.  Newberry faces a minimum penalty of 15 years in prison and a maximum penalty of 30 years in prison along with a $250,000 fine.

The Tulsa Police Department investigated the crime. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.

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

A man was sentenced today after pleading guilty to one count of conspiring with his son to manufacture and possess pipe bombs that were planted inside a woman’s vehicle, announced U.S. Attorney Trent Shores.

U.S. District Judge John E. Dowdell sentenced Berry Albert Nichols, 54, of Mounds, to 30 months in prison to be followed by two years of supervised release. 

Berry Nichols pleaded guilty on Aug. 7, 2018, to one count of conspiring with his son, Christopher Nichols, to purchase materials at a hardware store to create two pipe bombs. He acknowledged knowing his son would later plant the IEDs in the woman’s car at the Creek County Courthouse while she attended a hearing. 

“Pipe bombs are illegal improvised explosive devices no matter the intended use,” said U.S. Attorney Shores. “The danger pipe bombs present is real and could result in someone’s death or severe injury. We are satisfied with this sentence and the accountability it brings to Mr. Nichols. We are fortunate no one was injured by his pipe bombs. Our local law enforcement partners and the ATF did a tremendous job during this investigation and in rendering these devices safe.”

Berry Nichols was remanded to the custody of the U.S. Marshals Service for transfer to a U.S. Bureau of Prisons facility.

On Dec. 7, 2017, Judge Dowdell sentenced Christopher Dean Nichols, 24, of  Sapulpa, to 44 months in prison followed by two years of supervised release for the crime of conspiring to unlawfully manufacture and possess the two IEDs. In his plea hearing, Christopher Nichols admitted to adding explosive powder to a pipe, threading a fuse through one end of each device and placing BBs inside. He stated that he placed the pipe bombs in the woman’s car in an effort to scare her since the two were opposing parties in court.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sapulpa Police Department and the Tulsa Police Department Bomb Squad conducted the investigation.  Assistant United States Attorney Allen J. Litchfield prosecuted the case.

 U.S. Attorney Trent Shores issued the following statement on Veterans Day:

“Veterans Day is a time to honor American veterans of all wars. From those brave service members who fought and died in the trenches of World War I to those who are fighting on the ground, at sea, and in the air today, we owe them our deepest respect and gratitude,” United States Attorney Shores said. "Today, on the centennial of the Armistice, we recognize the untold courage and sacrifice by veterans. We honor their selfless devotion to duty that secures the freedoms and liberties that our Founding Fathers sought to establish in America. I hope that all Oklahomans will join me in saluting our warfighters, past and present. May God bless America’s veterans.”

United States Attorney Trent Shores announced today the results of the November 2018 Federal Grand Jury.

The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Shaun Cruz Conine. Possession of Methamphetamine With Intent to Distribute; Possession of Heroin With Intent to Distribute; Carrying, Using, and Brandishing a Firearm During and in Relation to a Drug Trafficking Crime; Felon in Possession of Firearms and Ammunition; Counterfeiting and Forging Obligations and Securities of the United States; Possession of Counterfeit Obligations and Securities. Conine, 36, of Tulsa is charged with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine; possession with intent to distribute heroin; possessing a firearm during and in relation to a drug trafficking crime; being a felon in possession of firearms and ammunition, including an E.R. Armantino, Model Condor Supreme, 20-gauge over/under shotgun, a Taurus International Manufacturing, Inc., Model 689, .357 Magnum caliber revolver, a Browning Arms Company, Model BL-22, .22 caliber rifle, a Remington Arms Company, Model 7600, .308 WIN caliber rifle, and ammunition. Conine was further charged with forging, as well as, possessing counterfeit $20 Federal Reserve Notes. The Muscogee (Creek) Nation Lighthorse Tribal Police Department, Secret Service, FBI, and Drug Enforcement Administration are the investigative agencies.

Edwin Yupanqui Garcia Castro and Juan Pedro Gonzalez Cedano. Drug Conspiracy; Possession of Heroin With Intent to Distribute. Castro, 26, and Cedano, 35, both of Tulsa, are charged with conspiracy to distribute and possession with intent to distribute more than one kilogram of a mixture and substance containing heroin. Immigration and Customs Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration are the investigative agencies. 

Humberto Cruz-Valasco. Reentry of Removed Alien. Cruz-Velasco, 31, of Tulsa, is charged with having returned to the United States unlawfully after being deported on March 31, 2015, from Laredo, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a fine of $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

FNU LNU and Adrian Torres-Moran. Drug Conspiracy. First Name Unknown, Last Name Unknown (FNU LNU)—aka “Cholo Loco”—residence  and age unknown, and Torres-Moran, 20, of Tucson, Arizona, are charged with conspiring to possess with intent to distribute 500 grams or more of a mixture or substance containing cocaine. The Drug Enforcement Administration and the Texas Highway Patrol are the investigative agencies.

FNU LNU, Gumaro Ibarra, and Jesus Adelio Angulo-Lopez. Drug Conspiracy; Reentry of Removed Alien. FNU LNU—aka “Cholo Loco”—age  and residence unknown, Ibarra, 24, residence unknown, and Angulo-Lopez, 24, of Broken Arrow, are charged with drug conspiracy with intent to distribute 500 grams or more of a mixture or substance containing cocaine. Angulo-Lopez is also charged with reentry of removed alien, having returned to the United States unlawfully after being deported on July 2, 2017, at Calexico, Calif. The Texas Highway Patrol, the Drug Enforcement Administration, and Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.

Jason Marcus Franklin. Drug Conspiracy; Possession of Heroin With Intent to Distribute; Unlawful Use of a Communication Device. Franklin, 33, of Tulsa, is charged with drug conspiracy, possession with intent to distribute heroin, and unlawful use of a cell phone to coordinate illegal drug activity. Franklin, along with his co-conspirators, allegedly obtained and distributed heroin throughout the Northern District of Oklahoma, utilizing Tulsa as their base of operations. The conspiracy consisted of a dispatcher, facilitator, drivers, and redistributors. To avoid detection, dispatchers and drivers rotated in and out of Oklahoma from Mexico every six months.  As part of the operation, the dispatcher, facilitator and drivers received heroin in bulk from Mexico and delivered drugs to redistributors to sell in communities across northeastern Oklahoma and elsewhere. The facilitator supplied heroin to drivers who delivered the drug to redistributors. Franklin allegedly acted as a redistributor and would text or call the dispatcher to order heroin.  Then, using cell phones, the dispatcher coordinated locations where drivers and Franklin would meet and eventually exchange cash for heroin.  Franklin, and other redistributors, would then allegedly sell the heroin.  The Tulsa Police Department, the FBI, and the Drug Enforcement Administration are the investigative agencies.

Jose Juan Gomez-Martinez. Reentry of Removed Alien. Gomez-Martinez, 48, of Tulsa, is charged with having returned to the United States unlawfully after being deported on March 31, 2007, from Laredo, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Scott Andrew Howie. Possession of Methamphetamine With Intent to Distribute; Possession of Firearms in Furtherance of a Drug Trafficking Crime; Felon in Possession of Firearms and Ammunition. Howie, 37, of Bartlesville, is charged with possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine; possession a firearm in furtherance of a drug trafficking crime; and being a felon in possession of firearms and ammunition, which included a Mossberg (Wards Western Field), Model 46B (04M 491A), .22 caliber bolt-action rifle, the Marlin Firearms Co., Model Glenfield 75, .22 caliber semi-automatic rifle, a Mossberg, Model 510, 20 gauge caliber shotgun, a Ruger, Model EC9s, 9mm Luger semi-automatic pistol, and associated ammunition. The Bartlesville Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

Brian Kirk Marshall. Assaulting Federal Officers; Carrying, Using, and Discharging a Firearm During and in Relation to a Crime of Violence; Possession of a Firearm and Ammunition After a Conviction for a Misdemeanor Crime of Domestic Violence. Marshall, 49, of Pattonsburg, Missouri, is charged with forcibly assaulting FBI agents while agents were executing a search warrant of his Kansas, Oklahoma, residence; carrying, using, and discharging a firearm during a crime of violence; and possessing a firearm and ammunition after being convicted of third degree domestic assault in Missouri in 2008. The FBI is the investigative agency. 

Kaylnn Dee Meyer. Failure of a Sex Offender to Notify of International Travel. Meyer, 36, of Vinita, is charged with failure to report information required by the Sex Offender Registration and Notification Act that she intended to and, in fact, traveled outside the United States. Meyer was previously convicted of enabling child sexual abuse and is required to register as a sex offender and meet specified requirements. The U.S. Marshals Service, Immigration and Customs Enforcement’s Homeland Security Investigations, and the Oklahoma Department of Corrections are the investigative agencies.

Brett Alan Mull.  Corruptly Altering a Record, Document, and Evidence; Acquiring Methamphetamine Through Deception. Brett Alan Mull, 47, of Pryor, is charged with destroying, mutilating, and concealing evidence with intent to impair its integrity or availability for use in an official proceeding, and with using deception and his position as a Mayes County Deputy Sheriff and Lieutenant in charge of the narcotics unit to steal methamphetamine that had officially been seized as evidence. The FBI is the investigative agency.

Zaphion Lynn Nofire. Possession of Methamphetamine With Intent to Distribute. Zaphion Lynn Nofire, 24, of Eucha, is charged with possession with intent to distribute methamphetamine. Nofire faces a maximum penalty of 20 years in prison and a $1 million fine. The Bureau of Indian Affairs is the investigative agency.

Kevin Alonso Rios Casas and Aurelio Gonzalez Romero. Drug Conspiracy; Possession of Heroin With Intent to Distribute. Casas, 22, and Romero, 20, both of Tulsa, are charged with drug conspiracy and with possession with intent to distribute one kilogram or more of a mixture and substance containing heroin. The Tulsa County Sheriff’s Office, the Drug Enforcement Administration, and Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.

Simon Dias Varelas. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine With Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Varelas, 41, of Sallisaw, is charged with being a felon in possession of a Taurus, PT 111 Pro, 9mm semi-automatic pistol and more than 120 rounds of 9 mm caliber ammunition as well as a Tanfoglio, Model GT380, .380 caliber semi-automatic pistol and associated ammunition.  He is also charged with possession of methamphetamine with intent to distribute; and possession of a firearm in furtherance of a drug trafficking crime. The West Siloam Springs Police Department, Cherokee County Investigators, and the Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

Johnny Josiah Ward, III. Aggravated Identity Theft; Misuse of Social Security Number; False Statement in Application for Passport. Ward, 55, of St. Augustine, Florida, is charged with unlawfully using another person’s identification in relation to felony violations; misusing another person’s social security number and representing it as his own on a passport application submitted to the Department of State; and making a false statement on a passport application in order to be issued a U.S. passport. The Social Security Administration- Office of the Inspector General and U.S. Department of State are the investigative agencies.

John Andrew Williams. Possession of Fifteen or More Counterfeit Access Devices; Possession of Device-Making Equipment; Wire Fraud. John Andrew Williams, 47, of Pembroke Pines, Florida, was charged with possessing 15 or more counterfeit gift cards and with using credit card encoder equipment to re-encode the depleted gift cards fraudulently with bank account and identification information belonging to other persons, which he had obtained illegally from the “dark web.” Williams was also charged with purchasing U.S. postage stamps from kiosks throughout the United States and selling the stamps on Craigslist by means of wire communications. The Rogers County Sheriff’s Office and U.S. Postal Inspection Service are the investigative agencies.

Alicia Wright. Possession of Methamphetamine With Intent to Distribute. Wright, 43, of Hemet, California, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies.

A 34-year old man has entered a guilty plea to possession of child pornography, announced U.S. Attorney Trent Shores.

From May 22, 2017, through July 13, 2017, Igor Kolosha, knowingly possessed and accessed graphic images and videos of children under the age of 12 engaged in sexually explicit conduct. Some of those images were of children as young as toddlers.  

“Child pornography victims are repeatedly exploited by pedophiles lurking on the internet in search of sexually graphic photos and videos,” said U.S. Attorney Trent Shores. “Federal investigators and prosecutors act with the utmost vigilance when it comes to protecting child victims. We will identify, locate and prosecute child predators and anyone who seeks out or produces child pornography.”

U.S. District Judge Claire V. Eagan accepted the guilty plea and set sentencing for Feb. 12, 2019. At that time, Kolosha faces a maximum of 20 years in prison and a $250,000 possible fine. 

Kolosha was permitted to remain on bond pending the sentencing.

The FBI conducted the investigation. Assistant U.S. Attorney Shannon Cozzoni prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

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

TULSA, Okla. – A 36-year-old resident of Grove has pleaded guilty to possession of an unregistered destructive device discovered at a residence in Afton, announced U.S. Attorney Trent Shores.

In his plea agreement, Richard C. Cole admitted to possessing a pipe bomb which was capable of exploding and for not taking the required steps to apply for and register the destructive device with the National Firearms Registration and Transfer Record according to federal laws. The bomb was located at his former rental apartment in Afton.

“Improvised explosive devices such as these are dangerously volatile,” said Shores. “The pipe bombs here involved “exploding targets” consisting of binary explosives, which when the two components are mixed become explosives. These types of IEDs are subject to federal law and federal storage requirements. Mr. Cole acted criminally and irresponsibly by possessing these pipe bombs. Thank goodness they were discovered, and the Oklahoma Highway Patrol Bomb Squad was able to render the devices safe.”

On Aug. 25, 2018, Delaware County Sheriff’s deputies were called to Cole’s apartment unit after the landlord discovered a suspected improvised explosive device (IED). The landlord made the discovery as he was inspecting the apartment following Cole’s eviction. Authorities then contacted the Oklahoma Highway Patrol Bomb Squad who, upon arrival, observed two, one-pound canisters containing “mixed Tannerite” which is a binary explosive. They also found two boxes of ammunition along with an IED, commonly referred to as a “pipe bomb,” in an ammunition container. The explosive experts then rendered the device safe at that time. 

A conviction for possessing an unregistered device carries a possible sentence of 10 years in prison and a $250,000 maximum fine. U.S. District Judge Claire V. Eagan will impose sentencing Feb. 8, 2019. Cole was permitted to remain on bond pending that hearing.

The Bureau of Alcohol, Tobacco, Firearms and Explosives; Oklahoma Highway Patrol Bomb Squad and Delaware County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. He is also the National Security Anti-Terrorism prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.

TULSA, Okla. – A 32-year-old man has been ordered to federal prison following his conviction of one count of sexual exploitation of a child, announced U.S. Attorney Trent Shores. Justin Lee Boyer pleaded guilty Aug. 6, 2018.

Today, U.S. District Judge Claire V. Eagan sentenced Boyer to 25 years in prison. Boyer will also serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Boyer will also be ordered to register as a sex offender.

“Boyer used technology to sexually exploit a young girl for his perverse sexual gratification. Federal agents and prosecutors are ever vigilant in their efforts to protect our children online,” said U.S. Attorney Shores. “Project Safe Childhood is a priority for this office.”

At the time of his plea, Boyer admitted he engaged in text messaging and used Skype to communicate with a 10-year-old girl who resided in another state. As a result of those conversations, the young girl produced visual depictions of sexually-explicit conduct and sent them to Boyer using her cell phone.

Boyer has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI, Jefferson County, Colorado, Sheriff’s Office, Creek County Sheriff’s Office and the Sapulpa Police Department conducted the investigation. Assistant U.S. Attorneys Jeffrey A. Gallant and Shannon Cozzoni prosecuted the case.

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