FEDERAL DISTRICT ARCHIVE
Northern District of Oklahoma
Press releases recorded for this federal judicial district.
Jennings Resident Settles Trespass and Destruction of Cimarron River Public Property ClaimsRead the Press Release
TULSA, Okla.—A Jennings man agreed to pay $4,000 in civil penalties to settle allegations of trespass and destruction of United States Government property on the Cimarron River, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
According to the settlement agreement, Baaron Hagood owns residential property near the Cimarron River adjacent to property owned and maintained by the United States Army Corps of Engineers.
From 2011 through 2014, Hagood bulldozed a 16 foot wide dirt road from his property, across Government property, to the Cimarron River. This resulted in the destruction of numerous mature trees and native grasses. Hagood allowed his guests to use All-Terrain Vehicles on Government property which created trails stretching for over a mile along the river. In addition, Hagood stored a canoe, a fishing boat and fishing equipment on Government property.
The case was handled by Assistant United States Attorney Marianne Hardcastle and Assistant District Counsel for the Army Corps of Engineers, Alexandria Tramel and Jason Chester.
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Justice Department Announces over $23.2 Million in Funding for Body Worn CamerasRead the Press Release
TULSA, Okla.—The Justice Department has awarded $599,200 to the Tulsa Police Department as part of the Body-Worn Camera Pilot Implementation Program, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma.
“Today’s nearly $600,000 will allow the Tulsa Police Department to develop and enhance their body-worn camera program,” said U.S. Attorney Williams. “The Justice Department is committed to supporting the safety of law enforcement officers who protect our communities.”
Nationwide, a total of more than $23.2 million was awarded to 73 local and tribal agencies in 32 states to expand the use of body-worn cameras and explore their impact. The investment includes $19.3 million to purchase body-worn cameras, $2 million for training and technical assistance and $1.9 million to examine the impact of their use. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of President Obama’s proposal to purchase 50,000 body-worn cameras for law enforcement agencies within three years.
The grants, which require a 50/50 in-kind or cash match, can be used to purchase equipment and require that applicants establish a strong implementation plan and a robust training policy before purchasing cameras. The long term costs associated with storing this information will be the financial responsibility of each local agency.
The Office of Justice Programs’ Bureau of Justice Statistics is collecting data on body-worn camera usage through surveys of law enforcement agencies. It is also designing data collection forms for future surveys of prosecutors and public defenders to measure how body-worn camera footage is being used by the courts in criminal cases.
For additional information about the Body-Worn Camera Pilot Implementation Program, visit http://www.bja.gov/bwc/pdfs/BWCPIP-Award-Fact-Sheet.pdf.
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Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
TULSA, Okla. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
The grant recipients from the Northern District of Oklahoma include:
- Cherokee Nation, Public Safety and Community Policing (COPS), $936,872
- Eastern Shawnee Tribe of Oklahoma, Violence Against Women Tribal Governments Program (OVW), $784,000
- Muscogee (Creek) Nation, Public Safety and Community Policing (COPS), $894,468
- Muscogee (Creek) Nation, Justice Systems and Alcohol and Substance Abuse (BJA), $739,944
- Osage Nation of Oklahoma, Violence Against Women Tribal Governments Program (OVW), $877,882
- Quapaw Tribe of Oklahoma, Public Safety and Community Policing (COPS), $513,332
- Quapaw Tribe of Oklahoma, Violence Against Women Tribal Governments Program (OVW), $449,420
- Wyandotte Nation, Public Safety and Community Policing (COPS), $299,746
- Wyandotte Nation, Violence Against Women Tribal Governments Program (OVW), $233,945
“Today’s more than $5.7 million in grant funding reflects the Department of Justice’s strong commitment to assisting tribes with improving public safety and preventing violence against women in the Northern District of Oklahoma,” said United States Attorney Danny C. Williams Sr. “My office is deeply committed to increasing engagement and coordination with native tribes for the betterment and safety of their members and communities. We regard our responsibility to the tribes as a significant priority.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/. A fact sheet on CTAS is available at /media/791821/dl?inline.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
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Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.—The results of the September 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Kenneth O’Neal Batten. Sexual Exploitation of a Child, Distribution of Child Pornography, and Possession of Child Pornography. O’Neal Batten, 36, of Claremore, is charged with sexual exploitation of a child for the purpose of producing and distributing child pornography, as well as possessing child pornography. If convicted, the statutory minimum penalty is 15 years and not more than 30 years in prison and a $250,000 fine for sexual exploitation of a child; not less than five years and not more than 20 years in prison and a $250,000 fine for distribution of child pornography; and not more than 20 years in prison and a $250,000 fine for possession of child pornography. United States Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is the investigating agency.
Llobane Cobos-Carperna. Reentry of Removed Alien. Cobos-Carperna, 27, is charged with having returned to the United States unlawfully after being deported in September 2008 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Joshua Robert Downs. Possession of Firearm and Ammunition After Conviction of a Crime of Domestic Violence. Downs, 36, of Skiatook, is charged with possessing a firearm and ammunition after a prior domestic assault and battery conviction. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Federal Bureau of Investigation is the investigating agency.
Santos Flores-Alvarado. Reentry of Removed Alien. Flores-Alvarado, 32, is charged with having returned to the United States unlawfully after being deported in October 2012 near Atlanta, Georgia. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Fernando Gonzalez-Esparza. Reentry of Removed Alien. Gonzalez-Esparza, 31, is charged with having returned to the United States unlawfully after being deported in November 2012 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
John Dean Lockett. Failure to Register as a Sex Offender. Lockett, 46, of Tulsa, is charged with failing to register as a sex offender as required under the Sex Offender Registration and Notification Act. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. United States Marshals Service is the investigating agency.
Sammie Leo Montgomery. Failure to Register as a Sex Offender. Montgomery, 50, is charged with failing to register as a sex offender as required under the Sex Offender Registration and Notification Act. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. United States Marshals Service is the investigating agency.
Jorge Sanchez-Urquiza. Reentry of Removed Alien. Sanchez-Urquiza, 29, is charged with having returned to the United States unlawfully after being deported in December 2009 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Timothy Jason Sumner. Felon in Possession of a Firearm and Ammunition. Sumner, 31, of Tulsa , is charged with possessing a 9mm caliber revolver and ammunition after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency.
Albert Sveinjonsson. Abusive Sexual Contact in Indian Country. Sveinjonsson, a non-Indian, 46, of Haskell, is charged with engaging in sexual contact with an Indian woman without her permission. If convicted, the statutory maximum penalty is two years in prison and a $250,000 fine. The Federal Bureau of Investigation is the investigating agency.
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Property Development Company Executive Sentenced to Nearly Three Years for Committing $1.2 Million in Bank FraudRead the Press Release
TULSA, Okla.—Bruce Carlton Wright, 69, of Norman, was sentenced Tuesday by United States District Court Chief Judge Gregory K. Frizzell to 33 months in prison for defrauding the IBC Bank of $1,176,490.60, announced United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma. As part of his sentence, a criminal forfeiture money judgment was entered against the defendant in the amount of $1,176,490.60.
From June 2007 to July 2008, Wright and his co-defendant, Robert Alan Blaksley, 51, of Owasso, conspired to submit fraudulent invoices to IBC Bank from his property development company for work that was not performed on a Bentonville, Arkansas property.
Wright and Blaksley were charged on August 13, 2014 with conspiracy and 11 counts of bank fraud. Wright was found guilty following an 8-day jury trial that ended on May 28, 2015, and Blaksley pleaded guilty on May 8, 2015.
The case was investigated by the FBI and Assistant United States Attorneys Joel-lyn A. McCormick and Catherine Depew prosecuted the case.
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Tulsa Robbery Spree Duo Sentenced in Federal CourtRead the Press Release
TULSA, Okla.—Two men responsible for a robbery spree in metro Tulsa were sentenced in United States District Court, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
Billy Joe Laverty, 38, was sentenced today by United States District Court Judge Claire V. Eagan to 25 years in prison for his role in a series of robberies. Laverty pleaded guilty on May 27. On August 14, Laverty’s accomplice, Allen Wayne Smith, 48, was sentenced to 15 years in prison. Smith pleaded guilty on May 15. Both men were indicted by a grand jury in April 2015.
Smith and Laverty began their robbery spree on January 17, 2015. The two men carjacked a victim at gunpoint, attempted to rob a Domino’s Pizza in Tulsa, and robbed a convenience store in Jenks, Oklahoma. During the convenience store robbery, Laverty discharged a firearm at the cashier. Smith acted as the getaway driver. On January 24, Tulsa Police officers apprehended both men.
This case was investigated by the Tulsa Police Department, Tulsa County Sheriff’s Office, Jenks Police Department, and the Federal Bureau of Investigation. Assistant United States Attorneys Neal C. Hong and Jan S. Reincke prosecuted the case.
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U.S. Attorney's Office Sponsors Fresh Start Reentry Resource FairRead the Press Release
TULSA, Okla.—The United States Attorney’s Office hosted a Fresh Start Reentry Program Resource Fair today for individuals with felony convictions to help connect them with community resource agencies and employment opportunities. Participating vendors provided information related to housing, employment, food, clothing, counseling and legal services offered in Tulsa County.
“The Fresh Start Reentry Resource Fair offered individuals with felony convictions valuable resources to help them find success in the community,” said U.S. Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. “One of the barriers to reentry is the difficulty in finding employment. A steady source of income provides stability and decreases the risk of recidivism. Today, through the collaboration with our reentry partners and local businesses, the participants took a step forward toward a “Fresh Start” in the community.”
The Resource Fair was a partnership with the United States Probation Office; Tulsa County District Attorney’s Office; the Oklahoma Department of Corrections; and the Oklahoma Department of Career and Technology Education.
In October 2013, the United States Attorney’s Office launched the Fresh Start Reentry Program. Fresh Start is dedicated to reducing criminal recidivism in the Northern District, including Tulsa, by helping individuals with felony convictions gain access to resources, and also to provide them with the necessary motivation for success when reintegrating into the community. Fresh Start is a result of the Department of Justice’s Smart on Crime Initiative.
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Former Oklahoma State Senator Pleads Guilty to Wire Fraud and Tax EvasionRead the Press Release
TULSA, Okla.—Former Oklahoma State Senator Ricky L. Brinkley pleaded guilty today to fraudulently obtaining over $1.2 million dollars from the Better Business Bureau (“BBB”) and subscribing to a false tax return.
United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma; FBI Special Agent in Charge Scott L. Cruse of the Oklahoma City Division; IRS-Criminal Investigation Acting Special Agent in Charge Madie Branch of the Dallas Field Office; and Director Stan Florence of the Oklahoma State Bureau of Investigation made the announcement.
Brinkley, 54, of Owasso, Oklahoma, pleaded guilty before U.S. District Court Judge Claire V. Eagan to five-counts of wire fraud and one-count of subscribing to a false tax return. Sentencing is scheduled on November 20, 2015. Brinkley represented the 34th District, including Owasso, Collinsville, Skiatook, Sperry, Turley, and Tulsa.
From August 2, 1999 to April 26, 2015, Brinkley served as the President and Chief Executive Officer and then the Chief Operations Officer of the Better Business Bureau (BBB). During his employment, Brinkley was responsible for the operation, accounting, and financial management including paying bills and signing checks on behalf of the BBB.
According to admissions made in connection with his guilty plea, from November 2005 to February 2015, Brinkley diverted in excess of $1.2 million dollars from the BBB through the creation of fraudulent invoices for services not rendered, and improperly represented these invoices as reimbursement for legitimate BBB expenses. He also admitted that he fraudulently signed checks, transferred, used, and disbursed BBB funds to pay personal expenses and debts including mortgage payments, expenses for pool cleaning services at his home, and his personal American Express, Discover, and Visa cards. Brinkley further admitted that he used BBB’s credit card to make cash withdrawals at automated teller machines located within casinos to support his gambling habit and that he would also create and process for payment false invoices using BBB’s funds for payment. The United States believes the loss amount is closer to $1.8 million. Final loss and restitution amounts will be determined prior to sentencing.
In addition to the fraudulent diversion of funds from the BBB, Brinkley admitted that he failed to report the monies and funds on his federal tax return and that he subscribed a false tax return for tax year 2013 by failing to report approximately $148,390 in income.
United States Attorney Williams stated that, “non-profit organizations such as the BBB provide the community with resources to make informed decisions in the marketplace. The BBB’s vision is ‘an ethical marketplace where buyers and sellers trust each other.’ Brinkley has abused the trust of the BBB board, its business members, marketplace consumers, and the trust the public has placed in him. BBB has worked with federal and state agencies by identifying the diverted funds. I hope this investigation and conviction is a step towards strengthening the trust of BBB members and consumers, and will allow BBB to continue to provide valuable services to the community.”
FBI Special Agent in Charge Cruse stated that, “criminal investigations against those holding positions of public trust are never easy, but they are among some of the most important cases that we do in the FBI. That is because we hold our public servants to a higher standard. Our citizens expect their public servants to uphold the law in all aspects of their lives, whether it be in connection with their public responsibilities or in their personal endeavors. The FBI, along with our law enforcement partners, will continue to aggressively target those entrusted by organizations to manage their funds who choose to exploit this trust for their personal gain.”
IRS-CI Acting Special Agent in Charge Branch stated that, “although the BBB emphasizes high ethical standards, honesty, and legal compliance for themselves and their business partners, Mr. Brinkley chose to violate each of these tenets by conducting himself in a financially irresponsible manner. Filing a false income tax return is totally unfair to those American citizens who file accurate tax returns, and is inconsistent with his background as a public servant. However, the public can be confident in the fact that IRS-Criminal Investigation pursues justice on their behalf in seeking prosecution of anyone, regardless of status, who violates the tax laws.”
"Late last year, OSBI developed information indicating potential crimes were committed from within the Tulsa BBB. Once OSBI opened a criminal investigation at the request of Tulsa County D.A. Steve Kunzweiler, it became apparent federal laws may also have been broken. OSBI appreciates the FBI and IRS's willingness to work with OSBI agents to ensure justice, both on the federal and state levels, is served," OSBI Director Stan Florence said.
Brinkley faces a maximum penalty of 20 years in prison and a $250,000 fine, or twice the pecuniary gain/loss caused by the defendant’s acts for the wire fraud charges; and the maximum penalty is three years in prison and a $250,000 fine for the filing of a false tax return. Brinkley has also agreed to the forfeiture of funds in the amount of $1,829,033.86 representing proceeds of the wire fraud scheme.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the Oklahoma State Bureau of Investigation. This case is being prosecuted by Assistant United States Attorneys Clinton J. Johnson, Clemon Ashley, Shannon Cozzoni, and Catherine Depew.
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Mayfield Heights man accused of embezzling $677,000 from his employerRead the Press Release
A Mayfield Heights man is accused of stealing more than $677,000 from his former employer, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.
Geno Trunzo, 51, was indicted on one count of making or possessing forged securities of private entities and four counts of money laundering.
Trunzo worked for a company that engaged in the retail sale of mattresses and bedding supplies from 2004 until December 2014. Trunzo was promoted to be the company’s controller in late 2005. In this role, he managed the company’s accounts payable , was responsible for paying the company’s business expenses and had access to the company’s books, records, checks and credit lines, according to the indictment.
Trunzo forged and created approximately 431 checks drawn on the company’s accounts by affixing, without authorization, a stamped image of the name of an authorized signer of the checks. Trunzo made the checks payable to himself and to third-party payees for his personal benefit, causing a loss to the company of approximately $677,131, according to the indictment.
The case is being prosecuted by Assistant U.S. Attorney Adam Hollingsworth following an investigation by the FBI.
If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Illegal Alien Sentenced to Nearly Four Years in PrisonRead the Press Release
TULSA, Okla.—United States District Court Chief Judge Gregory K. Frizzell sentenced Ubaldo Esparza-Ortiz, 28, to 45 months in prison for illegal reentry into the United States, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. Chief Judge Frizzell also imposed three years of supervised release following Esparza-Ortiz’s prison sentence.
On January 15, 2015, United States Immigration and Customs Enforcement (ICE) agents discovered Esparza-Ortiz was illegally in the country after he had been arrested by Tulsa police officers for domestic assault and battery with a dangerous weapon. This was Esparza-Ortiz’s fourth illegal reentry into the United States. He has also been convicted multiple times for domestic violence in Tulsa.
This case was investigated by ICE. Assistant United States Attorney Neal C. Hong prosecuted the case.
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Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.—The results of the August 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Vysean Leandre Embry and Jermaine Mayes. Drug Conspiracy, Distribution of Cocaine Base, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Embry, 31, and Mayes, 31, both of Tulsa, are charged with conspiring to distribute crack cocaine, distributing crack cocaine, and possessing a firearm in furtherance of a drug trafficking crime. If convicted, the defendants face the statutory maximum penalty of 20 years in prison and a $1,000,000 fine for the drug conspiracy and distribution of cocaine base charges; and a statutory minimum penalty of five years and up to life in prison, to run consecutively with any other sentence, and a $250,000 fine for the firearm charge. The FBI and the Tulsa Police Department are the investigating agencies.
Mary Sue Russell. Embezzlement of Government Money and Property and False Statements. Russell, 53, of Miami, Oklahoma, is charged with embezzling over $1,000 from the U.S. Department of Interior, Bureau of Indian Affairs, from May 2012 to October 2014. In addition, Russell is charged with three-counts of providing false statements to a BIA Special Agent. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine for embezzling over $1,000; and a maximum penalty of five years in prison and a $250,000 fine for making false statements. The Bureau of Indian Affairs is the investigating agency.
Remijio Villarreal. Felon in Possession of Firearms. Villarreal, 38, of Tulsa, is charged with possessing a 7.62X39 caliber rifle, a .22 caliber rifle, and a 20 gauge shotgun after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. In addition, the firearms will be forfeited. The Tulsa Police Department and the FBI are the investigating agencies.
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Louisiana Felon Sentenced to Five Years in Prison for Possessing FirearmsRead the Press Release
TULSA, Okla.—Freddie Allen Hayes, 34, was sentenced to 60 months in prison for being a felon in possession of firearms and ammunition, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. United States District Court Judge Claire V. Eagan also sentenced Hayes to three years of supervised release following his prison sentence.
On June 18, 2013, the Northern Oklahoma Violent Crimes Task Force attempted to serve a felony arrest warrant on Hayes. Hayes fled in a vehicle, leading law enforcement on a car chase until he crashed into a tree. An investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) revealed that Hayes had been in possession of a pistol, a shotgun and numerous rounds of ammunition. Hayes has multiple felony convictions.
This case was investigated by ATF and the Tulsa Police Department. Assistant United States Attorneys Neal C. Hong and Gary L. Davis II prosecuted the case.
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Felon Sentenced to Five Years in Prison for Possessing A FirearmRead the Press Release
TULSA, Okla.—Ray Allen Cook, 31, was sentenced to 60 months in prison for being a felon in possession of a firearm, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. United States District Chief Judge Gregory K. Frizzell also sentenced Cook to three years of supervised release following his prison sentence.
On September 13, 2014, Tulsa Police officers attempted to stop Cook for a traffic violation. Cook refused to stop and led the police on a high-speed chase. Eventually, Cook crashed into a parked vehicle, but not before he threw a .22 caliber pistol out the window. Cook then fled on foot; however, Tulsa police officers quickly apprehended him and recovered the firearm. Cook is a multiple-convicted felon, with several violent felonies on his record.
This case was investigated by the Tulsa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Neal C. Hong and Jan S. Reincke prosecuted the case.
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Public Outreach Initiative Aimed at Reducing the Number of Firearms Found at Tulsa Airport Security CheckpointRead the Press Release
TULSA, Okla.—United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma and Federal Security Director Stephen Cortright for Oklahoma, announced today that they have begun a public outreach initiative to remind passengers that firearms and other dangerous items are prohibited at airport security checkpoints.
“Whenever TSA discovers a firearm at a security checkpoint, we alert law enforcement, and they make decisions about any criminal penalties,” said Director Cortright. “TSA also has the ability to assess a civil penalty, which can be as much as $11,000.”
In 2014, TSA officers intercepted 23 firearms at the security checkpoint at TUL. So far this year, TSA has discovered 19 firearms at TUL. United States Attorney Williams says, “We want to emphasize that possessing any type of firearm at the airport or attempting to carry such items on board aircraft, without following proper procedures, will not be tolerated in the Northern District of Oklahoma.”
Federal and state laws prohibit people from carrying guns into the sterile area of airports or onto planes, though passengers can legally travel with a firearm in a checked bag. The firearm must be unloaded, properly packed in a hard-sided, locked case, and declared to the airline at the ticket counter. Ammunition, firearm parts—including firearm frames, receivers, clips and magazines—are also prohibited in carry-on bags, but can be packed in checked bags.
Cases involving such violations can be prosecuted by either the Tulsa County District Attorney’s Office or the United States Attorney’s Office. Cases prosecuted federally as felonies, carry imprisonment up to 10 years and fines of up to $250,000.00. Cases may also be filed as a misdemeanor offense by either state or federal prosecutors.
For more information about how to properly pack a firearm in a checked bag, go to: http://www.tsa.gov/traveler-information/firearms-and-ammunition
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Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.—The results of the July 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Stuart H. Clark. Failure to Register as a Sex Offender. Clark, 24, of Tulsa, is charged with failing to register as a sex offender as required under the Sex Offender Registration and Notification Act. If convicted the statutory maximum penalty is 10 years in prison and a $250,000 fine. United States Marshals Service is the investigative agency.
Ray Diaz-Gonzalez. Alien in the United States After Deportation. Diaz-Gonzalez, 36, is charged with having returned to the United States unlawfully after being deported in December 2013 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Jamie Christine Elliot. Possession of Counterfeit Obligations and Securities of the United States. Elliot, 27, of Tulsa, is charged with possessing counterfeit $10 bills in April 2015. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Secret Service is the investigating agency.
Victor Lozaria-Montoya. Alien in the United States After Deportation. Lozaria-Montoya, 22, is charged with having returned to the United States unlawfully after being deported in December 2014 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Jose Juan Munoz-Martinez. Alien in the United States After Deportation. Munoz-Martinez, 44, is charged with having returned to the United States unlawfully after being deported in August 2011 near Hidalgo, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Kenneth Alexander Rostron. Assimilated Crime of Burglary in the Second Degree in Indian Country. Rostron, 20, of Tulsa, is charged with breaking and entering into a pickup truck. If convicted, the statutory minimum penalty is two years in prison and the maximum penalty is seven years with a $250,000 fine. The Osage Nation Police Department is the investigating agency.
Ronald Gene Thomas Jr. Assaulting a Federal Officer. Thomas, 37, of McAlester, Oklahoma, is charged with using a motor vehicle to assault a Deputy United States Marshal who was performing official duties. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Marshals Service is the investigating agency.Janet L. Whitfield. Theft of Government Funds. Whitfield, 57, of Tulsa, is charged with stealing approximately $24,272 in benefits from the Railroad Retirement Board from September 2012 to January 2015. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. United States Railroad Retirement Board is the investigating agency.
Sand Springs Residents Settle Trespass and Destruction of Keystone Lake Public Property ClaimsRead the Press Release
TULSA, Okla.—Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma, announced today that Robin Beaty and David Hester have paid $20,000 in civil penalties to settle allegations of trespass and destruction of public property. The Hesters own residential property on Keystone Lake adjacent to property owned by the United States and maintained by the United States Army Corps of Engineers.
According to the allegations, from July 10, 2013 to April 9, 2015, despite repeated cessation requests from the U.S. Army Corps of Engineers, the Hesters placed dirt and debris from the construction of their home on government property, stored heavy construction equipment owned by Mr. Hester’s company, HLH Realty Co., on government property and removed government boundary markers. Additionally, the United States alleged that the Hesters operated heavy equipment on government property which destroyed ground cover and left gouges on the land caused by the tracks of the equipment.
For wrongful injuries to timber upon the land of another, or removal thereof, Oklahoma law provides for not less than three times, nor more than ten times actual damages, plus costs and attorney’s fees. Oklahoma law also provides that the detriment caused by the wrongful occupation of real property is deemed to be the value of the use of the property for the time of such occupation and the costs of recovering the possession.
The case was handled by Assistant United States Attorney Marianne Hardcastle and Assistant District Counsel for the Army Corps of Engineers, Alexandria Tramel and Jason Chester.
Gun Store Owner Pleads Guilty to Selling A Firearm to A Convicted FelonRead the Press Release
TULSA, Okla.—James Patrick Okey, 45, pleaded guilty on Wednesday to sale of a firearm to a convicted felon announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. Okey was a Federal Firearms Licensee (FFL) who owned and operated a gun store, Hunters Choice, located in Sapulpa, Oklahoma.
“As a FFL, Okey had a duty to keep guns out of the hands of convicted felons,” said United States Attorney Williams. “The United States Attorney’s Office is committed to keeping the community safe from gun violence, starting with keeping those convicted of serious crimes from obtaining firearms.”
On May 15, 2014, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confidential informant and an ATF undercover agent went into Hunters Choice. The confidential informant told Okey that she was a convicted felon, however, Okey sold her a firearm anyway. Knowingly selling a firearm to a convicted felon is a violation of federal law.
Okey faces a maximum sentence of 10 years in prison, a $250,000 fine, and up to three years of supervised release. Additionally, Okey’s federal firearms license is subject to revocation. United States District Court Judge Claire V. Eagan will sentence Okey on October 5, 2015. This case was investigated by ATF and prosecuted by Assistant United States Attorney Neal C. Hong.
Former Treasurer Sentenced to Nearly Three Years in Prison for Embezzling over $419,000 from Fraternal Order of PoliceRead the Press Release
TULSA, Okla.–The former Treasurer of the Fraternal Order of Police Oklahoma State Lodge and the Tulsa Fraternal Order of Police was sentenced today to serve 33 months in federal prison for embezzling over $419,000 from Lodge bank accounts, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. In addition to the prison sentence, U.S. District Court Chief Judge Gregory K. Frizzell ordered Lorna Jean Vanlandingham to pay restitution in the amount of $291,127.59, three years of supervised release, and a $15,000 fine.
On February 11, 2015, Vanlandingham, of Tulsa, was charged with two-counts of wire fraud. At a plea hearing on March 25, Vanlandingham admitted that from April 6, 2010 to March 11, 2014, she embezzled from the Fraternal Order of Police Oklahoma. Additionally, from January 23, 2013 to April 23, 2014, she admitted to embezzling from the Fraternal Order of Police Tulsa Lodge #93. The loss to the Oklahoma State Lodge was $66,778.53 and the loss to the Tulsa Lodge #93 was $352,313.31.
“Instead of acting in good faith, she abused her position of trust by writing fraudulent checks and making unauthorized transfers which resulted in the loss of over $419,000 from Lodge bank accounts,” said U.S. Attorney Williams. “Throughout the case, my office was committed to seeking justice and to holding the defendant accountable for her misconduct and wrongdoing. All crimes, especially those committed against the law enforcement community, will be investigated and prosecuted to the fullest extent of the law.”
The case was handled by the Federal Bureau of Investigation and Assistant U.S. Attorney Jeffrey A. Gallant prosecuted the case.
Settlement Reached in Fraud Lawsuit Against Sapulpa CompanyRead the Press Release
TULSA, Okla.—Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma, announced today that H&R Enterprises, LLC has agreed to pay $6,500 in civil penalties to settle allegations of violating the Buy American Act (BAA) and submitting false claims to the United States, in violation of the False Claims Act.
In December 2009, H&R Enterprises, LLC, based in Sapulpa, OK, submitted a bid on a construction project for rehabilitating and painting multiple storage tanks in the City of Dimmitt, Texas that was funded by the Stimulus Act and administered by the Environmental Protection Agency. In order to ensure compliance with the BAA, H&R was required to submit documentation, known as BAA Certificates, certifying that the materials to be used on the project were manufactured in the United States.
The United States Attorney’s Office brought a lawsuit against H&R under the False Claims Act. The suit alleged that steel reinforcing plates used by H&R were not manufactured in the U.S. and that the BAA Certificates submitted by H&R for the steel plates were falsified in that they contained fictitious names and forged signatures of personnel of the American companies from which the steel plates were purportedly acquired; the notary stamps on the Certificates were counterfeited; and the notary’s names were forged.
“This settlement demonstrates a commitment to ensuring individuals and companies that do business with the Government, and receive taxpayer money, comply with the law. We will investigate and prosecute violators, regardless of the monetary value of the violation,” said U.S. Attorney Williams. “We encourage the public to report individuals and companies that are committing fraud or otherwise violating the law concerning Government contracts.”
The Buy American Act was codified in the depression era during the time of the New Deal to help American companies. The Act established a general preference for the use of materials manufactured in the United States on public works projects funded by the U.S. Government. Contractors on public works projects are required to certify the materials used are manufactured in the United States.
Assistant United States Attorney Marianne Hardcastle represented the United States and the investigation was conducted by Agent Edwin Debiew, Environmental Protection Agency, Office of Inspector General, Office of Investigations.
Settlement Reached in Medicare Fraud Lawsuit Against Tulsa Doctor and His Medical ClinicRead the Press Release
TULSA, Okla.—United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma announced today that Jerome E. Block, M.D. and his clinic, Integrations Medical Clinic, have agreed to pay a total of $105,000 in civil penalties to settle allegations of submitting false Medicare claims to the United States.
A former employee of Dr. Block filed a qui tam civil lawsuit as a Relator, commonly known as a “Whistle Blower” complaint, in the name of the United States under the False Claims Act. The Complaint alleged that Dr. Block and his clinic violated Medicare regulations by permitting unlicensed personnel and staff to provide medical services to patients, such as taking and recording the patient’s history, including chief complaint and history of present illness, performing and recording the physical examination and performing and recording medical decision making. Thereafter, Dr. Block and his clinic submitted bills to Medicare for these services. Medicare regulations require that such services must be provided by a licensed physician or nurse practitioner to qualify for payment.
Under the False Claims Act, Dr. Block is subject to liability to the United States for civil penalties between $5,500 and $11,000 for each false claim plus three times the amount of actual damages that the United States sustained as a result of the false claims.
“This settlement demonstrates the U.S. Attorney’s Office’s commitment to combatting health care fraud. We will investigate and prosecute violators and those who abuse the system,” said U.S. Attorney Williams. “We are dedicated to protecting taxpayer money and the integrity of Medicare. When health care providers try to increase their profits by misrepresenting the services they bill to taxpayer-funded health care programs, we will do our best to make sure that they are held accountable.”
Pursuant to the False Claims Act, the Relator in the case will receive the sum of $28,350 from the settlement. U.S. Attorney Williams commended the Relator for bringing the matter to the attention of the U.S. Attorney’s Office. “We welcome and appreciate the assistance of the public in alerting us to instances where fraud is being perpetrated upon the taxpayers of the United States.”
Assistant U.S. Attorney Marianne Hardcastle handled the matter for the United States with the assistance of Patrick L. Bronaugh with the U.S. Department of Health and Human Services.
For more information on Medicare fraud, visit the website at www.stopmedicarefraud.gov. To report Medicare Fraud, call 1(800)447-8477.Universal Aryan Brotherhood Member and Associates Plead Guilty to Racketeering ChargesRead the Press Release
TULSA, Okla.-One member of the Universal Aryan Brotherhood (UAB) prison gang pleaded guilty today to an indictment charging him with conspiracy to participate in a racketeering enterprise and conspiracy to possess with intent to distribute methamphetamine, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Danny C. Williams Sr. of the Northern District of Oklahoma.
Anthony Ramon Hall, 39, of Tulsa, pleaded guilty before U.S. District Court Judge Claire V. Eagan of the Northern District of Oklahoma. In addition, on June 2, 2015, UAB associate Carl Matthew Smith, 37, of Tulsa, pleaded guilty to conspiracy to participate in a racketeering enterprise and conspiracy to possess with intent to distribute methamphetamine. On June 4, 2015, UAB associate Robert Allen Paul Bryan, 40, of Tulsa, pleaded guilty to one count of violence in aid of racketeering connected to the maiming of a former UAB member. Hall’s sentencing is set Sept. 24, 2015, Smith’s sentencing is set for Sept. 3, 2015. Bryan’s sentencing is set for Sept. 22, 2015.
In connection with their guilty pleas, Hall and Smith acknowledged their membership in or association with the UAB, a violent, “whites only” prison-based gang with members and associates operating inside and outside of state prisons throughout Oklahoma. Hall also admitted that he held a leadership position in the UAB’s “main council,” which is the supreme governing body of the UAB. The main council has the authority to issue direct orders, vote on the admission of new members or prospects, declare war on rival gangs and mete out punishment for violation of UAB bylaws.
Hall and Smith further admitted to advancing the UAB enterprise by selling methamphetamine. Specifically, Hall admitted to using smuggled cell phones to coordinate the delivery, receipt and sale of methamphetamine from prison by UAB members and associates outside of prison who would then return profits to him. Hall also admitted to coordinating the firebombing of a car belonging to a person he believed had stolen from UAB’s methamphetamine enterprise. Smith admitted to selling methamphetamine and marijuana for the benefit of the UAB as well, and to delivering drug proceeds to UAB members in prison.
During his plea proceedings, Bryan admitted to participating in the May 2013 maiming of a former UAB member. Specifically, Bryan admitted that he and UAB members, operating on orders from the main council, restrained the victim while additional gang members used a heated knife to burn off the victim’s UAB neck tattoo.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Tulsa Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Internal Revenue Service-Criminal Investigations Division; FBI; Tulsa County Sheriff’s Office; and the Oklahoma Department of Corrections. The case is being prosecuted by John C. Hanley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Allen Litchfield and Jan Reincke of the Northern District of Oklahoma.
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Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.—The results of the June 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Arthur Lafrance Davis. Possession of Cocaine Base (“Crack”) with Intent to Distribute. Davis, 50, of Tulsa, is charged with possession with intent to distribute cocaine base (“crack”). If convicted, the statutory maximum penalty is 20 years in prison and a fine of $1,000,000. The Bureau of Indian Affairs is the investigating agency.
Joel De Luna Munoz. Alien in the United States After Deportation. De Luna Munoz, 30, was arrested and is charged with having returned to the United States unlawfully after being deported in November 2012 from Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Bobby Lee Harjo. Theft of Mail. Harjo, 52, of Glenpool, a United States Postal Service employee, is charged with stealing mail on October 3, 2014 and December 11, 2014. If convicted, the statutory maximum penalty for each count is five years in prison and a fine of $250,000. The United States Postal Service-Office of Inspector General is the investigating agency.
Kyshawn Deyawn Hicks. Theft of Mail. Hicks, 25, of Tulsa, a United States Postal Service employee, is charged with stealing mail from January to March 2015. If convicted, the statutory maximum penalty is five years in prison and a fine of $250,000. The United States Postal Service-Office of Inspector General is the investigating agency.
Levi J. Lively. Theft of Mail. Lively, 27, of Broken Arrow, a United States Postal Service employee, is charged with stealing mail on February 20, 2015. If convicted, the statutory maximum penalty is five years in prison and a fine of $250,000. The United States Postal Service-Office of Inspector General is the investigating agency.
Charles Brandon Lunsford. Felon in Possession of a Firearm. Lunsford, 38, of Claremore, is charged with possessing a .223/556 caliber rifle after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency.
James Cody Porter. Possession of Methamphetamine with Intent to Distribute. Porter, 26, of Tulsa, is charged with possession with intent to distribute methamphetamine. If convicted, the statutory maximum penalty is 20 years in prison and a fine of $1,000,000. The Bureau of Indian Affairs is the investigating agency.
Two Tulsa Men Plead Guilty to Robbery and Discharging A Firearm During A Crime of ViolenceRead the Press Release
TULSA, Okla.—Billy Joe Laverty, 38, pleaded guilty on Wednesday to “Hobbs Act” robbery and discharging a firearm during a crime of violence, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. The Hobbs Act makes it illegal for anyone to commit, or attempt to commit, a commercial robbery, that is a robbery that affects interstate commerce.
Laverty and his co-defendant, Allen Wayne Smith, engaged in a series of robberies which began on January 17, 2015 and ended on January 19, 2015. Laverty and Smith carjacked a victim at gunpoint, attempted to rob a Domino’s Pizza in Tulsa, and robbed a convenience store in Jenks, Oklahoma. During the convenience store robbery, Laverty discharged a firearm.
Smith pleaded guilty on May 15, 2015, and will be sentenced on August 14, 2015. Laverty will be sentenced on August 28, 2015. Laverty and Smith face a maximum of 20 years in prison for the Hobbs Act robbery and life in prison for discharging a firearm during a crime of violence. They also face a mandatory minimum of 10 years in prison for discharging a firearm during the robbery. United States District Court Judge Claire V. Eagan will sentence both defendants.
This case was investigated by the Tulsa Police Department, Tulsa County Sheriff’s Office, Jenks Police Department, and the Federal Bureau of Investigation. Assistant United States Attorneys Neal C. Hong and Jan S. Reincke prosecuted the case.
Jury Convicts Property Development Company Executive for $1.2 Million Bank FraudRead the Press Release
TULSA, Okla.—Following an 8-day jury trial, Bruce Carlton Wright, 69, of Norman, was convicted today of conspiracy and 11-counts of bank fraud. The scheme to defraud the IBC Bank of approximately $1.2 million dollars was in connection with property development, announced United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma.
Court documents show from June 2007 to July 2008, Wright and his co-defendant, Robert Alan Blaksley, 52, of Owasso, conspired to submit fraudulent invoices to the IBC Bank for work that was not performed on a Bentonville, Arkansas property. The invoices were materially misleading and omitted sufficient detail to determine if work was actually completed and how much work remained on a property. The bank fraud amount totaled $1,176,490.60.
On August 13, 2014, Wright and Blaksley were charged by indictment for conspiracy to commit bank fraud and bank fraud. During the conspiracy, Wright was the Vice President and President of Group Blaksley, LLC, and was responsible for managing the day-to-day operations and overseeing construction projects. Blaksley was the CEO.
Wright will be sentenced on September 16, 2015, and faces the statutory maximum sentence of 30 years in prison and a fine of $1,000,000. Blaksley pleaded guilty on May 8, 2015, and will be sentenced on August 13, 2015 by United States District Court Chief Judge Gregory K. Frizzell. In addition to the prison incarceration, both defendants will face a criminal forfeiture money judgment in the amount of $1,176,490 representing proceeds of the bank fraud scheme.
The case was investigated by the Federal Bureau of Investigation; Assistant United States Attorneys Joel-lyn A. McCormick and Catherine Depew prosecuted the case.
(U.S. v. Bruce Carlton Wright and Robert Alan Blaksley)
Jury Convicts Felon in Possession of Machine GunsRead the Press Release
TULSA, Okla. — Following a two-day jury trial, Gregory Lynn Shrader, 56, of Jay, Oklahoma, a convicted felon, was found guilty of being in possession of firearms and ammunition, United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma announced today. On June 5, 2014, Shrader was charged by a grand jury with the offense.
On March 6, 2014, a search warrant was executed at Shrader’s home. During the search, law enforcement found three firearms and ammunition, including a 12GA gauge shotgun, a .45 ACP rifle, and a 9mm rifle and ammunition. Both rifles were machine guns.
Sentencing has been set on August 13, 2015, before United States District Court Judge Claire V. Eagan. Shrader faces the statutory maximum penalty of 10 years in prison and a fine of $250,000. In addition, Shrader faces the forfeiture of the firearms and ammunition involved in the offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Field office, with assistance by the United States Postal Inspection Service, Phoenix division, and Federal Bureau of Investigation, Tulsa office. Assistant United States Attorneys Joel-lyn A. McCormick, Clemon Ashley, and Catherine Depew prosecuted the case.
Broken Arrow Man Pleads Guilty to Stealing Nearly $300,000 from Supplemental Nutrition Assistance ProgramRead the Press Release
TULSA, Okla. — Milton Islam, 46, of Broken Arrow, Oklahoma and the owner of Apache Food Mart in Tulsa, Oklahoma, pleaded guilty today to stealing approximately $282,912 from the United States Department of Agriculture’s Supplemental Nutrition Assistance Program (SNAP), formerly known as Food Stamps, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
Islam admitted that from May 26, 2011 to July 31, 2014, he stole $282,912 from SNAP using a scheme in which customers used their SNAP benefits at Apache Food Mart to receive cash, rather than nutritional assistance. The cash customers received was only half the amount that Islam received from SNAP. SNAP offers nutrition assistance to millions of eligible, low-income individuals and families.
Sentencing is set for August 11, 2015, before United States District Court Chief Judge Gregory K. Frizzell. Islam faces the statutory maximum penalty of 10 years in prison and fine of up to twice the loss amount or $565,824. In addition to prison incarceration, Islam faces a criminal forfeiture money judgment of $282,912.
The case was investigated by the United States Department of Agriculture-Office of the Inspector General. Assistant United States Attorneys Clinton J. Johnson, Shannon Cozzoni, and Catherine Depew prosecuted the case.
To report suspicious Nutrition Assistance fraud, contact the United States Department of Agriculture Office of the Inspector General at 1 (800) 424-9121. For information on SNAP, visit www.fns.usda.gov/snap.
First-Time Drug Trafficker Sentenced to over Five Years in PrisonRead the Press Release
TULSA, Okla.—Alejandro Cabrera Charre, 23, was sentenced on Wednesday to 63 months in prison for conspiring to distribute methamphetamine, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. United States District Court Chief Judge Gregory K. Frizzell also sentenced Alejandro Charre to three years of supervised release following his prison sentence.
Testimony at trial revealed that Alejandro Charre and his uncle, Juan Charre, traveled from Texas to Tulsa to deliver methamphetamine. On October 18, 2014, Tulsa Police Department officers discovered approximately four pounds of methamphetamine concealed in the Charres’ vehicle. The drugs had an estimated value of $46,000. On November 4, 2014, the Charres were indicted by a Grand Jury for drug trafficking offenses. Juan Charre pleaded guilty; however, Alejandro Charre pleaded not-guilty and was tried on January 26, 2015. On January 28, 2015, a jury found him guilty.
This case was investigated by the Tulsa Police Department’s Special Investigations Division and the Drug Enforcement Administration. Assistant United States Attorneys Neal C. Hong and Timothy L. Faerber prosecuted the case.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
Derick Dean Brown. Sexual Exploitation of a Child, Receipt of Child Pornography, Enticement, and Possession of Child Pornography. Brown, 24, of Collinsville, Oklahoma, is charged with sexual exploitation of a female minor, receiving and possessing child pornography, and two-counts of enticement. If convicted, the statutory minimum penalty for sexual exploitation of a child is 15 years in prison and not more than 30 years, and a $250,000 fine; the statutory minimum penalty for receipt of child pornography is five years in prison and not more than 20 years, and a $250,000 fine; the statutory minimum for enticement is 10 years in prison with a maximum of life in prison and a $250,000 fine; and the statutory maximum penalty for possession of child pornography is 20 years in prison and a $250,000 fine. Upon conviction, the defendant faces the forfeiture of his Ford Mustang used to commit or facilitate the commission of the enticement offenses. The Federal Bureau of Investigation is handling the case.
Armando Calzada-Maravillas. Alien in the United States After Deportation. Calzada-Maravillas, 46, was arrested and is charged with having returned to the United States unlawfully after being deported in December 2008, near Hidalgo, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Ronald Steve Mason, II. Felon in Possession of Firearm and Ammunition. Mason, 31, of Tulsa, is charged with possessing a 9mm semiautomatic pistol and ammunition after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation are the investigating agencies.
Brian K. Morrison. Failure to Register as a Sex Offender. Morrison, 45, of Tulsa, is charged with failing to register under the required Sex Offender Registration and Notification Act after a prior sex offender conviction. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. United States Marshal Services is the investigating agency.
Dennis Ray Smith and Shannon Renee Friddle. Conspiracy to Commit Copyright Infringement. Smith, 60, and Friddle, 40, both of Broken Arrow, Oklahoma, are charged with conspiring to commit copyright infringement of certain movies and television shows. From September 2012 to July 2014, Smith and Friddle manufactured and sold thousands of counterfeit DVDs containing pirated movies and TV shows protected by copyright. If convicted, the statutory maximum penalty is five years in prison and a $250,000 fine. Upon conviction, the defendants face forfeiture of more than $105,000 in proceeds obtained as a result of the copyright infringement offense. United States Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is investigating the case.
Former Muscogee (Creek) Nation Second Chief Sentenced to Nearly Three Years in Prison for Embezzling from NationRead the Press Release
TULSA, Okla.—Roger Dana Barnett, 53, of Bristow, the former Muscogee (Creek) Nation Second Chief, was sentenced to serve 33 months in prison and ordered to pay $211,880.76 in restitution for embezzling from the Muscogee (Creek) Nation, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. In addition to the prison incarceration and restitution, Barnett was sentenced to three years of supervised release. During the time of release, Barnett will be banned from gambling facilities and is required to attend gambling addiction counseling.
“The defendant abused his position of trust,” said U.S. Attorney Williams. “Muscogee (Creek) Nation officials reported the misuse of tribal funds after an internal audit. We will continue to work with tribal government and law enforcement partners to bring those who abuse the system to justice.”
On August 6, 2014, a grand jury charged Barnett with embezzling tribal funds in excess of $1,000 from April 3, 2013 to April 29, 2014. Barnett pleaded guilty to the charge on October 9, 2014.
The FBI conducted the investigation; Assistant United States Attorney Shannon Cozzoni prosecuted the case.
Helena Chemical Corporation to Pay $225,000 Fine for Environmental CrimeRead the Press Release
TULSA, Okla.— United States Attorney Danny C. Williams Sr. announced today a guilty plea by Helena Chemical Corporation for unlawfully disposing the restricted pesticide, Medal II AT, at its Welch, Oklahoma, facility in Craig County.
According to the plea agreement, for at least a six-month period beginning in May 2013, Helena Chemical Corporation disposed of unused Medal II AT by discharging the pesticide onto the ground and allowing it to run onto an adjacent property and into the Little Cabin Creek. Medal II AT contains the restricted use chemicals Altrazine and S-Metolachor which are two of the main active ingredients.
If exposed to Altrazine, a person may experience difficulty breathing, weakness, irritation of the eyes, and suffer from liver damage; and a person exposed to S-Metolachor may experience eye, skin and respiratory irritation, dizziness, and nausea.
Under the settlement, Helena Chemical will pay $150,000 in criminal fines and $75,000 toward performing community service to fund environmental projects, initiatives, emergency responses, and/or education dedicated to the preservation and restoration of the environment and waters.
The case was jointly investigated by the Environmental Protection Agency and the Oklahoma Department of Agriculture. Assistant United States Attorney Joel-lyn A. McCormick prosecuted the case.
Man Sentenced to 7 Years in Prison for Possession of MethamphetamineRead the Press Release
TULSA, Okla.—Juan Pablo Charre, 35, was sentenced by United States District Court Chief Judge Gregory K. Frizzell on Wednesday to serve 84 months in federal prison for possessing over 50 grams of methamphetamine with intent to distribute, announced United States Attorney Danny C. Williams Sr.
Following a traffic stop on October 18, 2014, Tulsa Police Department officers discovered approximately four pounds of methamphetamine concealed in a compartment of Charre’s vehicle. Charre was travelling from Texas to Tulsa. The drugs had a value of at least $46,000. Charre was charged on November 4, 2014, and pleaded guilty on January 5, 2015.
The superseding indictment also charged Charre’s nephew, Alejandro Cabrera Charre, 23, with conspiring to distribute and possession with intent to distribute methamphetamine. On January 28, 2015, following a three-day trial, a federal jury found Alejandro Charre guilty of conspiring with Juan Charre to bring the methamphetamine from Texas to Tulsa. Sentencing for Alejandro Charre is scheduled for May 6, 2015.
This case was investigated by the Tulsa Police Department’s Special Investigations Division and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorneys Neal C. Hong and Timothy L. Faerber.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.- The results of the April 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.Roger Dean Armstrong Jr. and Roger Dean Armstrong Sr. Assault with a Dangerous Weapon in Indian Country. Armstrong Jr., 34, and Armstrong Sr., 60, both from Wyandotte, Oklahoma, are charged with assaulting two people with a dangerous weapon. If convicted, the statutory maximum penalty is ten years in prison and a fine of $250,000. The Bureau of Indian Affairs is the investigating agency.
Jaime Ayvar-Martinez. Alien in the United States After Deportation. Ayvar-Martinez, 24, was arrested and is charged with having returned to the United States unlawfully after being deported in June 2013 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Timothy Patrick Hoyt. Interference with Commerce by Robbery. Hoyt, 44, of Bella Vista, Arkansas, is charged with robbing a restaurant employee by force. If convicted, the statutory maximum penalty is 20 years in prison and $250,000 fine. The Federal Bureau of Investigation is handling the case.
Billy Joe Laverty and Allen Wayne Smith. Carjacking, Interference with Commerce by Robbery, and Use, Carry, Brandish, and Discharge a Firearm During and in Relation to a Crime of Violence. Laverty, 38, of Tulsa, and Smith, 48, are charged with carjacking and robbing a restaurant employee by force on January 17 and 19, 2015. In addition, the defendants are charged with firing a pistol during the robbery on January 19, 2015. If convicted, the carjacking charge carries a statutory maximum penalty of 15 years in prison and a $250,000 fine; interference with commerce by robbery carries a statutory maximum penalty of 20 years in prison and a $250,000 fine; and discharging a firearm during a crime of violence carries a statutory maximum penalty of 10 years in prison and a $250,000 fine. The Federal Bureau of Investigation is handling the case.
Carlos Peralta-Urquiza. Alien in the United States After Deportation. Peralta-Urquiza, 39, was arrested and is charged with having returned to the United States unlawfully after being deported in April 2012 near Eagles Pass, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Patty Jean Phelps. Assaulting a Federal Officer and Assault within the Special Maritime and Territorial Jurisdiction of the United States by Striking, Beating, and Wounding. Phelps, 44, of Bella Vista, Arkansas, is charged with using a vehicle to assault a Department of Veterans Affairs Officer while engaged in official duty at the Ernest Childers Veterans Affairs Outpatient Clinic on March 3, 2015. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. The Federal Bureau of Investigation is handling the case.
Anita LaDon Rendel. Embezzle, Steal, Convert and Misapply Monies in Excess of $1,000 From an Indian Tribal Organization. Rendel, 51, of Miami, Oklahoma, is charged with embezzling more than $1,000 from the Eastern Shawnee Tribe. If convicted, the statutory maximum penalty is five years in prison and a $250,000 fine. The Department of Housing and Urban Development, Office of the Inspector General is investigating the case.
Eric Grant Roberts. Malicious Mischief in Indian Country. Roberts, 44, of Tulsa, is charged with maliciously destroying personal property belonging to an Indian person. If convicted, the statutory maximum penalty is five years in prison and a $250,000 fine. The Federal Bureau of Investigation and the Cherokee Nation Marshal Service are the investigating agencies.
Marcus Dupree Smith and Kamau Jahi Williams. Drug Conspiracy and Possession of Cocaine Base with Intent to Distribute. Smith, 32, and Williams, 36, both of Tulsa, are charged with conspiring to possess with intent to distribute 28 grams or more of crack cocaine on January 17, 2015. Upon conviction, the defendants face a joint and several money judgment representing proceeds obtained as a result of the drug conspiracy and possession of crack cocaine with intent to distribute offense. If convicted, the statutory minimum penalty is five years and the maximum penalty is 40 years in prison and a $5,000,000 fine. The Federal Bureau of Investigation and the Tulsa Police Department are the investigating agencies.
Jose Vera-Diaz. Alien in the United States After Deportation. Vera-Diaz, 50, was arrested and is charged with having returned to the United States unlawfully after being deported in January 2014 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Laretta Carol Wilcox. Theft of Government Property. Wilcox, 47, of Tulsa, is charged with stealing more than $1,000 from the Social Security Administration from July to November 2014. Upon conviction, the defendant shall forfeit property and also faces a money judgment representing proceeds of her theft of government property offense. If convicted, the statutory maximum penalty is ten years in prison and a $250,000 fine. The Social Security Administration, Office of the Inspector General is investigating the case.
Former Treasurer Pleads Guilty to Embezzling Nearly $475,000 from Fraternal Order of PoliceRead the Press Release
TULSA, Okla.–Lorna Jean Vanlandingham, the former Treasurer of the Fraternal Order of Police Oklahoma State Lodge and the Tulsa Fraternal Order of Police, pleaded guilty today to embezzling nearly $475,000 from Lodge bank accounts, announced United Sates Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. Sentencing is scheduled on June 22, 2015 before U.S. District Court Chief Judge Gregory K. Frizzell.
Vanlandingham, 71, of Tulsa, was charged in a criminal information with two-counts of wire fraud on February 11, 2015. At the time of the scheme, she was responsible for maintaining the financial books and records of the Fraternal Order of Police Oklahoma State Lodge and the Fraternal Order of Police Oklahoma State Lodge #93 in Tulsa.
According to court documents, from April 6, 2010 to March 11, 2014, Vanlandingham embezzled nearly $68,000 from the Fraternal Order of Police Oklahoma State Lodge by writing fraudulent checks and making unauthorized transfers. Additionally, from January 23, 2013 to April 23, 2014, Vanlandingham embezzled nearly $405,000 from the Fraternal Order of Police Oklahoma Lodge #93. She used the monies for personal expenses.
Vanlandingham faces the statutory maximum penalty of 20 years in prison, plus restitution, for each wire fraud charge.
The case was handled by the Federal Bureau of Investigation; Assistant U.S. Attorney Jeffrey A. Gallant is prosecuting the case.
(U.S. vs. Lorna Jean Vanlandingham)
Owasso Man Sentenced to over Two Years in Prison for Bank RobberyRead the Press Release
TULSA, Okla.—Steven Ray Auten, 31, was sentenced to 33 months in prison for robbing a bank by threatening the teller with a hoax bomb, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. Auten was indicted on September 3, 2014, and plead guilty on December 9, 2014.
According to court documents, Auten admitted to robbing the International Bank of Commerce in Owasso on August 9, 2014. He further admitted to presenting a note to the bank teller which demanded money and threatened that he had a bomb. Auten did not actually have a bomb at the time of the robbery. He stole approximately $2400.
In addition to the prison sentence, U.S. District Court Chief Judge Gregory K. Frizzell ordered Auten to pay restitution to the bank.
The case was investigated by the Federal Bureau of Investigation; and prosecuted by Assistant U.S. Attorney Clinton J. Johnson.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.— The results of the March 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.Christobal Calles-Santos. Alien in the United States After Deportation. Calles-Santos, 23, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in March 2013 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Ruth Ann Dameron. Possession of Methamphetamine with Intent to Distribute.Dameron, 49, of Afton, Oklahoma, is charged with possessing methamphetamine with intent to distribute. If convicted, the statutory maximum penalty is 20 years in prison and a $1,000,000 fine. The Bureau of Indian Affairs is the investigating agency.
Ubaldo Esparza-Ortiz. Alien in the United States After Deportation. Esparza-Ortiz, 28, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in November 2013 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Marquillion Glover, Kennan Jackson, Demario Grayson, Rashad Phipps, and Steven Claude President. Drug Conspiracy, Possession with Intent to Distribute Cocaine, Maintaining a Drug Involved Premise, and Felon in Possession of a Firearm.Glover, 31, Jackson, 34, Grayson, 38, Phipps, 35, and President, 23, all of Tulsa, are charged with conspiring to possess cocaine with the intent to distribute. All of the defendants are also alleged to have maintained a house to process and distribute cocaine. Jackson is also charged with possessing a .45 caliber pistol after a prior drug felony conviction. If convicted, the drug conspiracy charge carries a statutory minimum penalty of five years and a maximum penalty of 40 years in prison and a $5,000,000 fine; the possession of cocaine with intent to distribute charge carries a statutory maximum penalty of 20 years in prison and a $1,000,000 fine; the maintaining a drug involved premises charge carries a statutory maximum penalty of 20 years in prison and a $500,000 fine. Jackson also faces a statutory maximum penalty of 10 years in prison and a $250,000 fine for being a felon in possession of a firearm. If convicted, the defendants face a money forfeiture judgment representing proceeds obtained as a result of the drug conspiracy and related offenses. Jackson also faces forfeiture of the firearm. The case is a joint investigation by Federal Bureau of Investigation, the Tulsa Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Milton Islam. Theft of Government Property. Islam, 46, of Broken Arrow, Oklahoma, is charged with stealing approximately $282,912 from the U.S. Department of Agriculture Supplemental Nutrition Assistance Program, formerly known as Food Stamps, from May 26, 2011 to July 31, 2014. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The U.S. Department of Agriculture-Office of the Inspector General is the investigating agency.
Cody Douglas Jones. Felon in Possession of a Firearm and Ammunition, Possession of a Firearm in Furtherance of Drug Trafficking Crimes, and Possession of Methamphetamine with Intent to Distribute. Jones, 26, of Joplin, Missouri, is charged with possessing a 9mm caliber pistol and ammunition after prior felony convictions in Missouri and for possessing the weapon in furtherance of a drug trafficking crime. Jones is also alleged to have possessed methamphetamine with the intent to distribute. If convicted, the felon in possession of a firearm and ammunition charge carries a statutory maximum penalty of 10 years in prison and a $250,000 fine; the possession of a firearm in furtherance of drug trafficking crimes charge carries a statutory minimum penalty of five years and up to life in prison and a fine of $250,000; and the possession of methamphetamine with intent to distribute charge carries a statutory maximum penalty of 20 years in prison and $1,000,000 fine. Upon conviction, Jones also faces forfeiture of the firearm and ammunition. The Bureau of Indian Affairs is the investigating agency.
Jhony Morales-Cruz. Alien in the United States After Deportation. Morales-Cruz, 22, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in March 2014 near Eagle Pass, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Isabel Rodriguez-Fraire. Alien in the United States After Deportation. Rodriguez-Fraire, 34, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in April 2008 near El Paso, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Jelani Traylamont Sisco. Felon in Possession of a Firearm. Sisco, 39, of Tulsa, is charged with possessing a 9mm caliber pistol after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The case is a joint investigation by the Federal Bureau of Investigation, the Tulsa Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Luis Miguel Velasquez-Cuevas. Misuse of Social Security Number and Alien in the United States After Deportation. Velasquez-Cuevas, 28, is charged with presenting a false social security number with the intent to deceive the Wyandotte Nation Casino and the Internal Revenue Service. Velasquez-Cuevas is also alleged to have returned to the United States unlawfully after being deported in December 2009 near El Paso, Texas. If convicted, the misuse of a social security number charge carries a statutory maximum penalty of five years in prison and a $250,000 fine; and the alien in the U.S. after deportation charge carries a statutory maximum penalty of 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement and the Wyandotte Nation Police are the investigating agencies.
Tulsa Man Sentenced to over 17 Years in Prison for Distributing Child PornographyRead the Press Release
TULSA, Okla.—Kenneth R. Morain, 63, of Tulsa, was sentenced by United States District Court Judge James H. Payne to 210 months in prison, to be followed by lifetime supervised release, for possessing, receiving, and distributing more than 33,000 image and video files of child pornography, announced United States Attorney Danny C. Williams Sr., for the Northern District of Oklahoma. Morain was also ordered to pay $33,000 in restitution to the victims. He was charged by a grand jury on February 3, 2014, and he pleaded guilty on July 17, 2014.
“Exploiting and abusing the most vulnerable in our community is a heinous crime,” said U.S. Attorney Williams. “We will work with our law enforcement partners to track down those who exploit and abuse children and prosecute those criminals to the fullest extent of the law. The defendant will now face the consequences of his crimes behind bars.”
Morain used free Wi-Fi internet services at various businesses across Tulsa to access and share child pornography via the Peer-to-Peer (P2P) file sharing network called ARES. He would view and download child pornography while seated in his vehicle parked in a business’s parking lot. During the investigation more than 33,000 images and video files of child pornography were discovered on Morain’s seized computer and removable flash drives.
The case was a joint investigation by the FBI and the Tulsa Police Department; prosecution was handled by Assistant United States Attorney Jeffrey A. Gallant.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.projectsafechildhood.gov.
(U.S. vs. Kenneth R. Morain)
Settlement Reached in Medicare Fraud Lawsuit Against Catoosa Doctor and Owner of Vision and Eye Care Medical Diagnostic and Laser Center Inc.Read the Press Release
TULSA, Okla.— Robert Charles Duke and his Catoosa business, Vision and Eye Care Medical Diagnostic and Laser Center, Inc., have agreed to pay a total of $150,000 to settle allegations of submitting false Medicare and Medicaid claims to the United States and the State of Oklahoma.
The announcement was made by United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma, Attorney General Scott E. Pruitt for the State of Oklahoma, and Special Agent in Charge Mike Fields for the United States Department of Health and Human Services Office of Inspector General, Dallas Region.
“This settlement demonstrates the U.S. Attorney’s Office’s steadfast commitment to combatting health care fraud and abuse. Along with our partners we will take swift action to investigate and prosecute violators and those who abuse the system,” said U.S. Attorney Williams. “We are dedicated to protecting taxpayer money and to ensuring Medicare and Medicaid programs are available to those who need them.”
“Stopping Medicaid fraud is a priority for the Attorney General’s Office and we appreciate our federal law enforcement partners for working with us to take action against a provider who tried to abuse the system. Preventing Medicaid fraud stops misuse of taxpayer dollars but also ensures the program resources are available to help those who need it,” said Attorney General Pruitt.
“When health care providers try to boost their profits by misrepresenting the services they bill to taxpayer-funded health care programs, our agency will make sure they are held accountable for their deceptive schemes,” said SAC Fields.
A civil complaint filed on July 28, 2014, alleged that Duke, 63, of Claremore, Oklahoma, and the Catoosa business had violated the Oklahoma Medicaid False Claims Act and the common law for unjust enrichment and breach of contract.
The lawsuit alleged that, from January 2005 to July 2014, Duke received $1,343,732.36 in Medicaid and Medicare payments after submitting false and inflated patient billings. It further alleged that Duke knowingly and wrongfully coded medical service charges to Medicare. The bills submitted to Medicare did not comply with regulations such that the documentation was incomplete and insufficient according to the allegations.
During 2006 through early 2010, Duke allegedly billed Medicare in excess of 12 hours per day on 387 occasions; 124 of those occasions were in excess of 24 hours per day. In one instance, it was alleged Duke billed for 68 hours for one day.
From 2005 to 2007, Duke allegedly submitted 422 bills claiming services were provided at the doctor’s office, at a higher reimbursement rate, when in fact, the services were performed at nursing homes. In addition, from 2008 to 2010, Duke allegedly wrongfully billed Medicaid in excess of 12 hours per day on 96 occasions.
According to the settlement agreement, Duke denied liability of wrongdoing.
The U.S. Department of Health and Human Services administers the Medicare program and the Oklahoma Health Care Authority administers the Medicaid Program for eligible lower income citizens. The Medicare Program is funded by the U.S. Federal government and the Medicaid Program is funded by both the U.S. Federal government and the State of Oklahoma.
Under the False Claims Act, Duke could have been liable to the United States for civil penalties for each claim plus three times the amount of actual damages that the United States sustained as a result of the false claims.
The case was a joint investigation by the Department of Health & Human Services – Office of Investigations and the Oklahoma Attorney General’s Medicaid Fraud Control Unit; Assistant U.S. Attorney Marianne Hardcastle for the Northern District of Oklahoma and Assistant Attorney General Niki S. Batt for the State of Oklahoma handled the case.
For more information on Medicare fraud, visit the website at www.stopmedicarefraud.gov. To report Medicare Fraud, call 1(800) 447-8477.
(U.S. vs. Robert Charles Duke )
Justice Department Resolves Lawsuit Against Sairam Enterprises Inc. for Discriminating Against Disabled Veteran with Service AnimalRead the Press Release
WASHINGTON The Department of Justice reached an agreement today to resolve a lawsuit it brought against Sairam Enterprises Inc. LLC, which owns a hotel in Tulsa, Oklahoma. The proposed consent decree, which must be approved by the court, resolves a 2014 lawsuit that the department filed against Sairam Enterprises over allegations that it violated the Americans with Disabilities Act (ADA) when it denied a room at a Days Inn to a person with a service animal and his family.
The lawsuit alleged that on July 31, 2010, a veteran of the U.S. Air Force and the U.S. Marine Corps who relies on a service animal sought a hotel room at the Days Inn and Conference Center Tulsa which had a no pets policy. The Days Inn is now known as the Tuscany Inn. The veteran wanted a room for himself, his family and his service dog. His service dog is a German shepherd, which performs tasks related to his disabilities.
The complaint alleged that Sairam violated Title III of the ADA when it refused to rent the family a room because of the service dog. The ADA requires that hotels allow guests to stay with their service animals without being subjected to additional fees. Sairam denies the allegations.
Under the terms of the consent decree, Sairam will pay $5,000 to the veteran and his wife and will provide its employees with training regarding the ADA and the protections it provides to guests with service animals. The consent decree also requires Sairam to post signs and other announcements at its hotel stating its willingness to lodge travelers with service animals.
“The Department of Justice is determined to enforce the right of all people with disabilities to have equal access to hotels and other public accommodations,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “This settlement vindicates the rights of a veteran and his family and protects the rights of all future travelers with disabilities who pass through Tulsa.”
“The Northern District of Oklahoma is committed to protecting the rights of people with disabilities to ensure equal access to public accommodations,” said U.S. Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. “My office will continue to work to eliminate barriers to the use of public accommodations and to protect every citizen’s rights.”
To read the consent decree and for more information on the ADA, visit the ADA website at www.ada.gov. Those interested in finding out more about this consent decree or the obligations of public entities under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website. ADA complaints may be filed by email to ada.complaint@usdoj.gov.
(U.S. v. Sairam Enterprises Inc. )
Former Medical Technician Sentenced to over One Year in Prison for Accepting Bribes in Exchange for Falsifying Urinalysis Drug TestsRead the Press Release
TULSA, Okla. —A former medical technician was sentenced to 18 months in federal prison for accepting bribes in exchange for submitting fraudulent urinalysis drug tests and to submitting a falsified certification, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma.
William Ray Allen, 33, of Tulsa, was responsible for collecting urine specimens for random urinalysis drug testing while employed by 12 & 12, Incorporated, a drug treatment facility. Allen admitted to warning those selected for court ordered random drug testing that they were going to be tested. He also substituted his own urine or the urine of others for drug testing and submitted falsified certifications with the substituted urine for analysis. Allen knowingly shipped the fraudulent substituted urine samples via Federal Express to the United States Probation Drug Laboratory. The drug treatment facility is contracted by the United States Probation Office to provide court ordered drug testing and treatment services to persons under supervision.Allen was indicted by a grand jury on September 4, 2014, and pleaded guilty on October 9, 2014, to four counts of honest services mail fraud and three counts of accepting a bribe. Due to a conflict of interest, Allen was sentenced by United States District Court Judge David L. Russell of the Western District of Oklahoma.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Joel-lyn A. McCormick on behalf of the United States.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. — The results of the February 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.Gustavo Ambriz-Vargas. Alien in the United States After Deportation. Gustavo Ambriz-Vargas, 35, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in March 2014 near Calexico, California. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Jose Ambriz-Vargas. Alien in the United States After Deportation. Jose Ambriz-Vargas, 28, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in March 2011 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Kathleen Suzanne Chance. Theft of Government Property. Chance, 38, of Tulsa, is charged with stealing more than $1,000 in Social Security from March 2010 to December 2013. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Social Security Administration-Office of Inspector General is the investigating agency.
Winston Avery Covington. Felon in Possession of a Firearm and Ammunition. Covington, 32, of Tulsa, is charged with possessing a 9mm caliber pistol and ammunition after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Police Department are the investigating agencies.
Douglas Nick Dooley. Possession of Methamphetamine with Intent to Distribute and Felon in Possession of a Firearm. Dooley, 45, of Afton, Oklahoma, is charged with possessing methamphetamine with intent to distribute. In addition, Dooley is charged with possessing a .22 caliber revolver after prior felony convictions. If convicted, the statutory maximum penalty for possession with intent to distribute methamphetamine is 20 years in prison and a $1,000,000 fine. If convicted, the statutory maximum penalty for a felon in possession of a firearm is 10 years in prison and a $250,000 fine. Upon conviction, the defendant faces forfeiture of the firearm. The Bureau of Indian Affairs is the investigating agency.
Jamaal Everett Gardenhire. Felon in Possession of Firearm and Ammunition. Gardenhire, 31, of Tulsa, is charged with possessing a .357 Magnum caliber revolver and ammunition after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. Upon conviction, the defendant faces forfeiture of the firearm and ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency.
Aide Hernandez-Saenz. Alien in the United States After Deportation. Hernandez-Saenz, 41, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in September 2009 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Aldo Linares-Torres. Alien Illegally in the United States in Possession of a Firearm and Ammunition and Unlawful User of Controlled Substance in Possession of a Firearm and Ammunition. Linares-Torres, 34, is charged with possessing a .38 Special caliber revolver and ammunition while being unlawfully in the United States. In addition, the defendant is charged with possessing a firearm and ammunition while being an unlawful user of a controlled substance. If convicted, the charges carry the statutory maximum penalty of 10 years in prison and a $250,000 fine. Upon conviction, the defendant faces forfeiture of the firearm and ammunition. United States Immigration and Customs Enforcement is the investigating agency.
Armondo Nunes-Flores. Alien in the United States After Deportation. Nunes-Flores, 40, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in February 2009 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Christopher M. Rohrbach. Failure to Register as a Sex Offender. Rohrbach, 33, of Watts, Oklahoma, is charged with failing to register as a sex offender as required under the Sex Offender Registration and Notification Act after a 2007 conviction. If convicted, the maximum statutory penalty would be 10 years in prison and a $250,000 fine. The U.S. Marshals Service is the investigative agency.
Felipe Romero-Ramirez. Alien in the United States After Deportation. Romero-Ramirez, 43, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in July 2003 near Laredo, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Kristina Renea Smith. Assault Resulting in Serious Bodily Injury in Indian Country and Assault in Indian Country by Striking, Beating, and Wounding. Smith, 26, of Salisaw, Oklahoma, a non-Indian, is charged with assaulting an Indian woman resulting in serious bodily injury on November 15, 2014 at the Hard Rock Casino. In addition, the defendant is charged with a misdemeanor for assaulting another Indian woman during the same incident. If convicted, the statutory maximum penalty for assault resulting in serious bodily injury in Indian Country is 10 years in prison and a $250,000 fine. If convicted of the misdemeanor, the statutory maximum penalty is one year and a $100,000 fine. The FBI and the Cherokee Nation Marshal Service are the investigating agencies.
Sabrina Nicole Stubbs. Theft from Indian Lands in Excess of $1,000. Stubbs, 29, of Jenks, Oklahoma, a non-Indian, is charged with stealing over $1,000 worth of personal property belonging to an Indian man. If convicted, the statutory maximum penalty is five years in prison and a $250,000 fine. The FBI and the Cherokee Nation Marshal Service are the investigating agencies.
Timothy Jason Sumner. Failure to Register as a Sex Offender. Sumner, 30, of Joplin, Missouri, is charged with failing to register as a sex offender as required under the Sex Offender Registration and Notification Act after a prior sex offense conviction. If convicted, the maximum statutory penalty would be 10 years in prison and a $250,000 fine. The U.S. Marshals Service is the investigative agency.
Keenan Dancell Verner. Possession of Methamphetamine with Intent to Distribute. Verner, 31, of Tulsa, is charged with possessing with the intent to distribute 50 grams or more of methamphetamine. If convicted, the statutory minimum penalty is five years in prison and the maximum penalty is 40 years and a $5,000,000 fine. The Tulsa Police Department is the investigating agency.
Juan Villalobos-Jimenez. Alien in the United States After Deportation. Villalobos-Jimenez, 21, was arrested in Tulsa County and is charged with having returned to the United States unlawfully after being deported in February 2013 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Former Arrow Trucking Executive Pleads Guilty in Multi-Million Dollar FraudRead the Press Release
TULSA, Okla. – James Douglas Pielsticker, former Chief Executive Officer and President of Arrow Trucking Company, pleaded guilty today before United States District Court Chief Judge Gregory K. Frizzell to conspiring to commit bank fraud, tax fraud, and evading his personal income taxes.
United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma, Principal Deputy Assistant Attorney General Caroline D. Ciralo for the Justice Department’s Tax Division, Special Agent in Charge James E. Finch of the FBI’s Oklahoma City Division Office, and Special Agent in Charge Damon Rowe of the IRS-Criminal Investigation’s Dallas Division Office made the announcement.
Pielsticker, 46, of Dallas, Texas, formerly of Tulsa, Oklahoma, was indicted by a grand jury on December 1, 2014. According to court documents, Arrow Trucking withheld payroll taxes from employees’ wages. Beginning in 2009, Pielsticker, Jonathan Leland Moore, the former Chief Financial Officer of Arrow Trucking Company, and others conspired to defraud the United States by, among other things, failing to account for and pay over more than $9 million in payroll taxes, including federal income tax, Medicare and social security taxes, for Arrow Trucking employees. As part of the conspiracy, Pielsticker’s co-conspirators provided Transportation Alliance Bank (TAB), a financial institution in Ogden, Utah, with fraudulent and misleading invoice data that inflated amounts due to Arrow Trucking. As a result of this false information, the TAB paid Arrow Trucking more money than Arrow Trucking was entitled to receive under the companies’ agreement.
As part of the plea agreement, Pielsticker admitted that he evaded his individual income taxes due and owing to the United States for 2009 by causing Arrow Trucking to spend thousands of dollars on his various personal expenses, including payments related to his wedding and on Bentley and Maserati automobiles.
Pielsticker faces a statutory maximum penalty of ten years in prison. In addition, Pielsticker faces money judgments in an amount representing proceeds obtained as a result of his participation in a conspiracy to defraud the United States and to commit bank fraud.
The case was investigated by the FBI and IRS-CI; Department of Justice Tax Division Trial Attorney Charles A. O’Reilly and Assistant U.S. Attorneys Jeffrey A. Gallant and Catherine Depew are prosecuting the case.
(U.S. v. James Douglas Pielsticker )
Jury Convicts Man of Transporting Methamphetamine from Texas to TulsaRead the Press Release
TULSA, Okla.—Following a three-day trial, a federal jury found Alejandro Cabrera Charre, 23, guilty of conspiring to distribute and possess with intent to distribute methamphetamine, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The Superseding Indictment alleged that on October 18, 2014, Alejandro Charre and his uncle, Juan Pablo Charre, transported approximately four pounds of methamphetamine by car from Texas to Tulsa. Following a traffic stop, Tulsa Police Department officers discovered the methamphetamine hidden in a secret compartment in their vehicle.
Juan Pablo Charre pleaded guilty on January 5, 2015, to one count of possessing over 50 grams of methamphetamine with intent to distribute. Alejandro Charre went to trial on January 26, 2015. Trial testimony revealed that Alejandro Charre conspired with his uncle to bring the four pounds of methamphetamine to Tulsa. The trial testimony further revealed that the value of the methamphetamine was at least $46,000. On January 28, 2015, the jury found Alejandro Charre guilty.
This case was investigated by the Tulsa Police Department’s Special Investigations Division and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorneys Neal C. Hong and Timothy L. Faerber.
(U.S. v. Alejandro Cabrera Charre)
Tulsa Man Sentenced to 9 Years for Bank RobberyRead the Press Release
TULSA, Okla.—United States District Chief Judge Gregory K. Frizzell sentenced Aaron Joseph Rock, 24, of Tulsa, to serve 110 months in prison today for robbing a bank in Sand Springs, U.S. Attorney Danny C. Williams Sr. announced.
On June 14, 2014, Rock entered BancFirst in Sand Springs and presented a bank teller with a bank withdrawal slip on which was written the message, “Give me your money, I have a gun.” Rock then stole $1,232 from the bank.
Rock was indicted on August 5, 2014. United States Judge Frizzell also ordered Rock to pay $1,232 in restitution to the bank.
The case was investigated by the FBI and the Sand Springs Police Department. Assistant U.S. Attorneys R. Trent Shores and Clinton J. Johnson prosecuted on behalf of the United States.
U.S. v. Aaron Joseph Rock
Sapulpa Man Sentenced to 17 Years for Possessing and Distributing Child PornographyRead the Press Release
TULSA, Okla.—A Sapulpa man was sentenced to serve 210 months in prison, to be followed by lifetime supervised release, today for possessing and distributing child pornography, United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma announced. A FBI undercover online operation discovered a total of 290 images and 143 videos of child pornography on the defendant’s computer.
“Child pornography is a heinous crime against children and those who participate in online exploitation will be prosecuted,” said U.S. Attorney Williams. “My office is committed to safeguarding our communities. We will continue to protect the most vulnerable in our community from exploitation and sexual abuse.”
Kevin Leroy Smith, 50, was charged on July 9, 2014, with eight counts of distribution and attempted distribution of child pornography and one count of possession of child pornography. A jury found Smith guilty of all counts on September 16, 2014.
During the investigation, while using an Ares based Peer to Peer program (P2P), the FBI was able to download 14 videos and two images of child pornography from January and February 2014 from another user. The FBI tracked the username to Smith.
In addition to the sentence of incarceration of 210 months, Smith was fined $25,000 and ordered to pay $1,000 in restitution and a $900 special assessment.
United States District Judge John E. Dowdell presided over the sentencing. The case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Jeffrey Gallant for the Northern District of Oklahoma.
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 Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
U.S. v. Kevin Leroy Smith
Local Pastor Sentenced for Embezzling over $900,000 from Community CenterRead the Press Release
TULSA, Okla.—Willard Lenord Jones, 63, of Tulsa, church pastor and former Executive Director of the Greater Cornerstone Community Development Project, was sentenced today by United States District Judge John E. Dowdell to a total of 37 months in prison for having committed three counts of wire fraud and one count of subscribing to a false tax return.
United States Attorney Danny C. Williams Sr., for the Northern District of Oklahoma, FBI Special Agent in Charge James E. Finch, for the Oklahoma City Division, and IRS Criminal Investigation (IRS CI) Special Agent in Charge R. Damon Rowe, for the Dallas Office made the announcement.
“Willard Jones has now been confronted with the magnitude of his crimes,” said U.S. Attorney Williams, “and he will have a long time to think about his crimes and the impact of his conduct on the South Haven community. I commend the coordinated efforts by the FBI and IRS CI and their commitment to aggressively investigate financial fraud crimes and to ensure justice is served for the community.”
"Crimes like those committed by Willard Jones violate the public trust and harm the efforts of legitimate individuals and organizations involved in improving their communities,” said FBI SAC Finch. "The FBI believes the sentence received by Mr. Jones sends a strong message throughout our community."
“Willard Jones lavished himself with hotel stays, restaurants, casinos, liquor, automobiles, a Rolex watch and a mink coat with funds he stole from the Church and the Greater Cornerstone Community Development Project and he destroyed the trust those organizations and the citizens of South Haven in West Tulsa had placed in him. In doing so, he also cheated all American taxpayers," said IRS CI SAC Rowe. “IRS CI was there to investigate, along with our other law enforcement partners, and we will continue to devote our resources to investigate fraud and seek justice for all American taxpayers.”
At a change of plea hearing on October 9, 2014, Jones admitted that, from September 2007 to June 2013, he misappropriated approximately $933,000 from the Greater Cornerstone Community Development Project, a non-profit organization formed to raise money for the building and operation of a community center in South Haven, a neighborhood in West Tulsa. He also admitted that he failed to report $390,061 of income in 2011 on his federal tax return for 2011.
As the Executive Director of the community center, Jones solicited monetary contributions from donors, including foundations, corporations, churches and individuals, to fund the development project. As part of the scheme, Jones fraudulently transferred funds from community center bank accounts to church bank accounts and then transferred those funds into personal bank accounts. Jones admitted using the money on personal expenses and luxury items, including hotels, gambling, liquor, automobiles, and jewelry.
An order has been entered forfeiting his residence, a Rolex watch and fur coat. A criminal forfeiture money judgment has also been entered against him in the amount of $933,507.80. United States Attorney Williams said, “One of the main purposes of the federal forfeiture laws is to deprive criminals of property acquired through their illegal activities. It is particularly rewarding that the United States will return forfeited proceeds to the victims in this case.”
In addition to receiving a sentence of incarceration of 37 months on the wire fraud counts and 36 months on the tax fraud count, all to run concurrently, the court imposed a period of supervised release of three years on the wire fraud counts and one year on the tax fraud count, all to run concurrently, and ordered Jones to pay restitution in the amount of $933,507.80 to the community center and $155,112 to the Internal Revenue Service. Restitution payments are first applied to the amount owed to the community center, and only after it is fully repaid will any additional payments be applied to the IRS restitution.
The case was investigated by the FBI and IRS CI. United States Attorney Danny C. Williams Sr., and Assistant U.S. Attorneys Joseph F. Wilson, Kevin C. Leitch, and Catherine Depew prosecuted on behalf of the United States.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. — The results of the January 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.Roy James Hudson. Felon in Possession of Firearm and Ammunition, Possession of an Unregistered Weapon Made from a Shotgun, and Possession of an Unregistered Weapon Made from a Rifle. Hudson, 28, of Pryor, Oklahoma, is charged with possessing 13 firearms and various rounds of ammunition after prior felony convictions. The firearms include unregistered short-barreled weapons made from a shotgun and a rifle. If convicted, the minimum statutory penalty for possession of the firearms and ammunition after felony convictions is 15 years in prison and the maximum statutory penalty is life in prison. If convicted, the maximum penalty for possessing unregistered short-barreled weapons made from a shotgun and a rifle is 10 years in prison. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mayes County Sheriff’s Office, and the Pryor Police Department are the investigative agencies.
Mario Jimenez-Ramirez. Reentry of Removed Alien. Jimenez-Ramirez, 36, was arrested and is charged with having returned to the United States unlawfully after being deported in February 2009 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the investigating agency.
Rene Marmolejo-Rodriguez. Reentry of Removed Alien. Marmolejo-Rodriguez, 32, was arrested and is charged with having returned to the United States unlawfully after being deported in November 2009 near San Ysidro, California. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the investigating agency.
Kelly Verd Nichols. Mail Fraud and Unlawful Monetary Transactions. Nichols, 46, of Sapulpa, Oklahoma, is charged with two counts of mail fraud and four counts of unlawful money transactions occurring between December 2009 and June 2010. If convicted, the statutory maximum penalty is not more than 20 years in prison for mail fraud and not more than 10 years in prison for unlawful monetary transactions. The indictment also contains forfeiture allegations which provide notice to the defendant that upon conviction he also faces entry of a forfeiture money judgment in the amount of $267,000. The Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation are the investigating agencies.
Beto Romero-Lozada. Reentry of Removed Alien. Romero-Lozada, 43, was arrested and is charged with having returned to the United States unlawfully after being deported in April 2007 near San Ysidro, California. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. The U.S. Immigration and Customs Enforcement is the investigating agency.
Jacob Dane Young and Jamie Lee King. Drug Conspiracy, Possession of Marijuana with Intent to Distribute and Possession of Firearms in Furtherance of a Drug Trafficking Crime. Young, 24, and King, 23, both of Tulsa, are charged with possessing marijuana with intent to distribute and conspiring to distribute marijuana. Upon conviction, the defendants face entry of a criminal forfeiture money judgment representing proceeds obtained as a result of the drug conspiracy and any property used to facilitate the drug offenses. Both defendants are also charged with possessing 15 firearms in furtherance of a drug trafficking crime. King is additionally charged with possessing a machine gun in furtherance of a drug trafficking crime. If convicted, the statutory maximum penalty for possessing marijuana with intent to distribute and conspiracy is five years in prison. If convicted, the statutory minimum penalty for possessing firearms in furtherance of a drug trafficking crime is five years in prison and the statutory maximum penalty is life in prison. If convicted, the statutory minimum penalty for possessing a machine gun in furtherance of a drug trafficking crime is 30 years in prison and the statutory maximum penalty is life in prison. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency.
Tribal Special Assistant U.S. Attorneys Join U.S. Attorney's Office to Prosecute Crimes in Indian CountryRead the Press Release
TULSA, Okla.—Two Tribal Special Assistant U.S. Attorneys, one each from the Osage Nation and Cherokee Nation, were sworn-in at an investiture ceremony today and will assist with improving public safety in tribal communities, announced Danny C. Williams Sr., United States Attorney for the Northern District.
“Indian Country is a significant priority and my office is committed to building and sustaining safe tribal communities in the Northern District,” said U.S. Attorney Williams. “The Tribal SAUSAs will assist in key prosecution areas which derive from federal jurisdiction over crimes occurring in Indian land to include drug trafficking, sexual abuse, and violence against women.”
Jeff Jones is the Attorney General of the Osage Nation and Sara Hill is the Deputy Attorney General of the Cherokee Nation. Jones and Hill will work alongside Assistant U.S. Attorneys in the Northern District’s Indian Country Prosecution Unit.
The United States Constitution, treaties, federal statutes, executive orders, and court decisions establish and define the unique legal and political relationship that exists between the United States and Indian tribes. Federal laws vest the Department of Justice with primary jurisdiction over most felonies that occur on Indian lands in most states. There are thirteen federally recognized tribes in the Northern District of Oklahoma.
Former Arrow Trucking Executives Charged in Multi-Million Dollar Bank Fraud and Tax FraudRead the Press Release
TULSA, Okla. – James Douglas Pielsticker, former Chief Executive Officer and President of Arrow Trucking Company, was arraigned today in U.S. District Court in Dallas, Texas, on bank fraud and tax fraud charges stemming from an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigations. Jonathan Leland Moore, former Chief Financial Officer of Arrow Trucking Company, previously waived indictment and pleaded guilty on December 4, 2014, to an one-count information charging him with conspiring to commit both bank fraud and tax fraud.
United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma; Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department’s Tax Division; Special Agent in Charge James E. Finch of the FBI’s Oklahoma City Division Office; and Special Agent in Charge Damon Rowe of the IRS-CI’s Dallas Division Office made the announcement.
James Douglas Pielsticker, 46, of Dallas, Texas, formerly of Tulsa, Oklahoma, was indicted by a grand jury in a 23-count superseding indictment on December 1, 2014, which was unsealed today. The superseding indictment charges Pielsticker with one-count of conspiring to commit bank fraud, 15-counts of bank fraud, one-count of conspiring to defraud the Internal Revenue Service, three-counts of tax evasion, and three-counts of failing to account for and pay over payroll taxes.
According to the indictment and information, from May 2009 to December 2009, Pielsticker and co-conspirators provided Transportation Alliance Bank (TAB), a financial institution located in Ogden, Utah, with fraudulent and misleading invoice data consisting of inflated amounts due to Arrow Trucking. As a result of this false information, the TAB paid Arrow Trucking more money than Arrow Trucking was entitled to under the companies’ agreement.
As alleged in the indictment and information, Arrow Trucking withheld payroll taxes from employees’ wages. Beginning in 2009, Pielsticker and others conspired to defraud the United States by failing to account for and pay over Arrow Trucking employees’ payroll taxes and with respect to Pielsticker’s own income taxes. Arrow Trucking failed to pay over approximately $5,000,000 in payroll taxes consisting of federal income taxes, Medicare taxes, and Social Security taxes. Also, Pielsticker attempted to evade his individual income taxes due and owed to the United States for the years 2007, 2008, and 2009.
It is further alleged, Pielsticker caused Arrow Trucking to spend thousands of dollars on various personal expenses, include payments related to Bruce Webber, Pielsticker’s wedding, and Bentley and Maserati automobiles.
If convicted, Pielsticker faces the statutory maximum penalty of not more than 30 years in prison and a fine of $1,000,000 for each of the bank fraud related counts; and not more than five years in prison and a fine of $250,000 for each count of tax related counts.
In addition, upon conviction, Pielsticker faces entry of a money judgment in the amount of $15,000,841.32 based upon proceeds he obtained as a result of the bank fraud conspiracy and the bank fraud scheme.
The case was investigated by the FBI and IRS-CI. The case is being prosecuted by Trial Attorney Charles O’Reilly of the Tax Division and Assistant U.S. Attorneys Jeff Gallant and Catherine Depew of the U.S. Attorney’s Office for the Northern District of Oklahoma.
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U.S. v. James Douglas Pielsticker
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. — The results of the December 2014 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Mahcoe Jamar Knapper. Embezzle, Steal, Purloin and Knowingly Convert Public Monies. Knapper, 35, of Tulsa, is charged with stealing and converting to his own use money in excess of $1,000 belonging to the U.S. Department of Veterans Affairs from January 2012 to August 2012. If convicted, the statutory maximum penalty is not more than 10 years in prison and a $250,000 fine. The Department of Veterans Affairs-Office of Inspector General is the investigating agency.
Pablo Antonio Lopez-Acosta. Reentry of Removed Aliens. Lopez-Acosta, 30, was arrested and is charged with having returned to the United States unlawfully after being deported in August 2012 near Hidalgo, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. The U.S. Immigration Customs Enforcement is the investigating agency.
Cesar Zuniga-Acosta. Reentry of Removed Aliens. Zuniga-Acosta, 20, was arrested and is charged with having returned to the United States unlawfully after being deported in June 2013 near Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. The U.S. Immigration Customs Enforcement is the investigating agency.
Two Leaders of A Drug Trafficking Organization Sentenced to 25 Years and 11 Years for Methamphetamine Conspiracy and Related ChargesRead the Press Release
TULSA, Okla. – Two leaders of a drug trafficking organization were sentenced in United States District Court for drug conspiracy and possession with the intent to distribute 15 kilograms or more of methamphetamine; maintaining drug-involved premises; and possession of firearms and ammunition, announced Danny C. Williams, Sr., U.S. Attorney for the Northern District of Oklahoma.
United States District Court Judge Claire V. Eagan sentenced Samuel Garcia-Escalera, 36, to 300 months, and Joel Deloera-Escalera, 34, to 135 months in prison after guilty convictions following a five day jury trial. The defendants were charged in a second Superseding Indictment on April 14, 2014. Garcia-Escalera was also sentenced for attempted witness tampering after pleading guilty to a separate criminal Information filed August 25, 2014, for his efforts to prevent witnesses from testifying at the trial.
“The defendants operated a drug trafficking network, supplying methamphetamine to other traffickers, who then supplied to mid-level distributors,” said U.S. Attorney Williams. “The defendants’ activity was disrupted and dismantled by local, state, and federal law enforcement in Oklahoma.”
From April 2012 to August 2013, Garcia-Escalera and Deloera-Escalera conspired to distribute and possess with intent to distribute 15 kilograms or more of methamphetamine; maintained houses for the purpose of storing and distributing methamphetamine; and, were aliens illegally and unlawfully in the United States. In addition, Garcia-Escalera possessed a .45 caliber pistol in furtherance of a drug trafficking crime and Deloera-Escalera possessed a .40 caliber pistol, 9mm caliber semi-automatic pistol, a .22 caliber revolver, and various ammunitions.
As a part of their sentence, Judge Eagan entered a forfeiture money judgment in the amount of $1,283,620 representing proceeds obtained as a result of the methamphetamine conspiracy and also entered a preliminary order of forfeiture of seized currency.
The case was investigated by the Tulsa Police Department, Oklahoma Bureau of Narcotics and Dangerous Drugs, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted on behalf of the United States by Assistant United States Attorneys Gary L. Davis, II, Jan Reincke, and Catherine Depew.