Western District of Oklahoma

Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country.  Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.

Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities.  In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence.  Project Guardian draws on the Department’s earlier achievements, such as the "Triggerlock" program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

"Gun crime remains a pervasive problem in too many communities across America.  Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian," said Attorney General William P. Barr.  "Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally."

"Project Guardian will help the Western District of Oklahoma build on our success in Operation 922, which focuses on gun possession in the context of domestic violence," said U.S. Attorney Timothy J. Downing.  "We look forward to working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as other law enforcement agencies that address violent crime, to keep guns out of the hands of those prohibited under federal law."

"ATF has a long history of strong partnerships in the law enforcement community," said Acting Director Regina Lombardo. "Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets.  ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating, and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms."

Project Guardian’s implementation is based on five principles:

1. Coordinated Prosecution.  Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: (a) was arrested in possession of a firearm; (b) is believed to have used a firearm in committing a crime of violence or a drug trafficking crime prosecutable in federal court; or (c) is suspected of actively committing a violent crime in the community on behalf of a criminal organization.
    
2. Enforcing the Background Check System.  United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
    
   Particular emphasis will be placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
    
3. Improved Information Sharing.  On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
    
4. Coordinated Response to Mental Health Denials.  Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, that information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS.  ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. 
    
   Additionally, United States Attorneys will consult with relevant district stakeholders to assess the feasibility of adopting Disruption of Early Engagement Programs (DEEP) to address mental-health-prohibited individuals who attempt to acquire a firearm.  United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
    
5. Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.

Federal law enforcement represents only about 15% of all law enforcement resources nationwide.  Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime.  The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety and provide a greater depth of resources available to address gun crime on a national level.

For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.

 

OKLAHOMA CITY – A federal grand jury has charged ISAIAH WHITEFOX REDBIRD, 34, of Carnegie, Oklahoma, with premeditated murder and assault with the intent to commit murder, announced U.S. Attorney Timothy J. Downing.

According to an indictment returned by a federal grand jury yesterday, Redbird deliberately killed a person by striking him on the head with a blunt force instrument on September 11, 2018, in Indian Country.  He is charged in a separate count with assaulting a person identified as K.R. on the same day with the intent to commit murder.

An affidavit filed in federal court on November 28, 2018, alleges the Chief of the Carnegie Police Department discovered K.R. walking on a street in Carnegie on the morning of September 12, 2018, with severe head injuries.  K.R. could not remember how she sustained her injuries.  According to the affidavit, law enforcement discovered the body of K.R.’s boyfriend, Byron Tongeamah Jr., also known as "Subee," later that morning in the carport of an abandoned residence in which they had been sleeping.  The abandoned residence is in Indian Country, and Tongeamah and K.R. are both Indians.

Two witnesses reported they had seen Redbird near the abandoned residence on the night of September 11.  Further investigation by the Bureau of Indian Affairs and the Federal Bureau of Investigation led to a residence at which Redbird allegedly attempted to burn and then buried his clothing soon after Tongeamah’s death.

Redbird was arrested in Arizona on September 26, 2018, for an unrelated probation violation.  He has been in federal custody since that time.

If found guilty of premeditated murder, Redbird faces a mandatory punishment of life in prison.  If convicted of assault with intent to commit murder, he could be sentenced to up to twenty years in prison and up to five years of supervised release.  He could also be fined up to $250,000 on each count.

This case is a result of an investigation by the Bureau of Indian Affairs, the Federal Bureau of Investigation—Oklahoma City Field Office, and the Carnegie Police Department.  Assistant U.S. Attorneys Brandon Hale and Jason Harley are prosecuting the case.

The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – VERNON WAYNE BROCK, 70, of Alva, has pleaded guilty to hiring someone to commit murder, announced U.S. Attorney Timothy J. Downing.

A federal grand jury indicted Brock on April 17, 2019, for using interstate commerce facilities to commit murder-for-hire during the first few days of April.  According to an affidavit filed in the case, an individual from Kansas whom Brock was trying to hire to commit murder contacted the FBI and cooperated in the investigation.  Law enforcement determined that Brock and the individual from Kansas were partners in Oklahoma vape shops and that Brock was upset with a former employee who refused to continue a sexual relationship with him.  Brock wanted the individual from Kansas to arrange the murder of the former employee’s boyfriend in Oklahoma City in exchange for $5,000.  He identified the boyfriend by sending a picture to the individual from Kansas and confirming "that’s the guy we want dead."  Recorded conversations between Brock and the individual from Kansas included statements such as: "Are they going to thump her around a little bit?  And do him?  Cause that’s what I wanted."

FBI agents arrested Brock on the afternoon of April 3, with the assistance of the Woods County Sheriff’s Office, after Brock delivered a $5,000 check to the individual from Kansas at a café in Harper, Kansas.  He has been in federal custody since that time.

Brock pleaded guilty this morning to the one-count indictment.  He admitted he traveled in interstate commerce on April 1, 2019, and used facilities of interstate commerce—a cell phone and a pickup truck—with intent that murder be committed in exchange for payment.

At sentencing, Brock faces a potential penalty of ten years in prison, a fine of $250,000, and three years of supervised release.  Sentencing will take place in approximately 90 days.

This case is a result of an investigation by the Federal Bureau of Investigation–Oklahoma City Field Office, Woodward Resident Agency.  Prosecuted by Assistant U.S. Attorneys Ashley Altshuler and Jason Harley, the case is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions.  As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.  To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal crimes connected to domestic violence.

Reference is made to public filings for more information.

OKLAHOMA CITY – Joe Alexander, M.D., has agreed to pay $50,000 to settle civil penalty claims stemming from allegations he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Timothy J. Downing.

Dr. Alexander owns and operates the Alexander Clinic, a weight loss center in Enid, Oklahoma.  He also owns and operates weight loss clinics in Texas.  The United States alleges that from January 1, 2017, to June 10, 2019, Dr. Alexander issued prescriptions for Schedule III and IV controlled substances in Oklahoma without a DEA registration number for the clinic address in Oklahoma, and without a controlled substance license from the Oklahoma Bureau of Narcotics.

To resolve these allegations, Dr. Alexander has agreed to pay $50,000 to the United States.

In reaching this settlement, Dr. Alexander did not admit liability, and the government did not make any concessions about the legitimacy of the claims.  The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.

This case was investigated by the Drug Enforcement Administration, Office of Diversion Control.  Assistant U.S. Attorneys Ronald R. Gallegos and Amanda R. Johnson prosecuted the case.

 

OKLAHOMA CITY – CLAYTON LEROY BOWER, 43, of Norman, has been arrested for robbing Chase Bank in Norman, announced U.S. Attorney Timothy J. Downing.

According to an affidavit in support of a criminal complaint filed on October 28, 2019, Bower entered the Chase Bank branch near Robinson Street and 36th Avenue late in the day on Friday, October 25.  He allegedly handed a plastic grocery sack and a demand note to a teller, who filled the sack with approximately $2,730.00.  After bank surveillance photos were published in the media, law enforcement received information that pointed to Bower.  He was arrested at his Norman apartment on October 27 and made an initial appearance today before U.S. Magistrate Judge Shon T. Erwin.

If found guilty of bank robbery, Bower faces a maximum potential penalty of twenty years in prison, three years of supervised release, a fine of $250,000, and mandatory restitution.

This case is a result of an investigation by the Federal Bureau of Investigation—Oklahoma City Division and the Norman Police Department.  Assistant U.S. Attorney Edward J. Kumiega is prosecuting the case.

The public is reminded that this charge is merely an allegation and that Bower is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – JUSTIN LANE FOUST, 43, of Sulphur, Oklahoma, has been sentenced to 121 months in prison for wire fraud, money laundering, and aggravated identity theft in connection with fraud against Chesapeake Energy, announced U.S. Attorney Timothy J. Downing.

According to an 11-count indictment filed on January 16, 2018, Foust was employed by Chesapeake Operating, Inc., a wholly owned subsidiary of Chesapeake Energy Corporation, from April 2002 until September 2011.  In July 2011, Foust formed Platinum Express, LLC, which became an approved vendor for Chesapeake Operating in October of that year.  The indictment alleged that from October 2011 until July 2014, Chesapeake Operating contracted with Platinum Express primarily to transport waste water to disposal facilities in western Oklahoma.

On February 5, 2019, a jury convicted Foust on 8 out of 11 counts of defrauding Chesapeake Operating by causing Platinum Express to submit false invoices for services it did not perform.  In particular, Foust created fraudulent work tickets for steaming production equipment, dirt berm work, plating tanks, hauling rock, repairing cattle guards, blading lease roads, and other services.  He generated many fraudulent invoices for amounts just under $5,000, which he knew from his prior work with Chesapeake Operating required a lower level of approval for processing and payment.  The trial evidence established he forged the signature and employee identification number a Chesapeake Operating employee on each invoice to ensure Chesapeake Operating’s accounting department would process them.  This conduct qualifies as aggravated identity theft.  He further caused these work tickets and invoices to be submitted through interstate wire communications to Oildex, the Denver, Colorado, company that processed the claims on behalf of Chesapeake Operating.

Today U.S. District Judge Stephen P. Friot sentenced Foust to 121 months in prison, to be followed by three years of supervised release, during which he must perform 104 hours of community service.  This sentence includes a mandatory minimum two-year sentence for aggravated identity theft.  It also takes into account the court’s finding that Foust obstructed justice by using civil lawsuits as a diversionary tactic to inculpate others, destroyed evidence, staged a fake break-in of the Platinum Express office, and provided false information to law enforcement.

The court also ordered Foust to pay $2,646,207.22 in restitution and $4,345,619.00 in forfeiture, which represents the proceeds he received from the offense as noticed in the indictment.

This case is the result of an investigation by the Oklahoma Economic and Identity Crimes Task Force, which is composed of the United States Secret Service, the FBI, IRS–Criminal Investigations, Homeland Security Investigations, the U.S. Postal Inspection Service, the Oklahoma Highway Patrol, the Oklahoma City Police Department, the Edmond Police Department, the Moore Police Department, and the Norman Police Department.  The case agents hail from FBI and IRS–Criminal Investigations.  Assistant U.S. Attorneys Jessica L. Perry, Amanda Green, and Tom Snyder prosecuted the case.

Reference is made to court filings for further information.

OKLAHOMA CITY – BRIAN LEE FOSTER, 50, of Norman, has pleaded guilty to failing to file two personal federal income tax returns, announced U.S. Attorney Timothy J. Downing.

According to a two-count information filed on October 8, Foster received gross income of approximately $1,424,449 in 2012 and approximately $981,528 in 2013.  The United States alleged he willfully failed to file any income tax return for each year.

Foster pleaded guilty today before U.S. Magistrate Judge Suzanne Mitchell.  He admitted he earned substantial income in 2012 and 2013 and intentionally failed to file required tax returns.

At sentencing, Foster faces a maximum penalty on each count of one year in prison and a fine of up to $100,000, in addition to up to one year of supervised release.  Pursuant to his plea agreement, he will also be required to pay restitution to the Internal Revenue Service for unpaid taxes, which could include years in addition to 2012 and 2013.  Sentencing will take place in approximately 90 days.

These charges are the result of an investigation by the Internal Revenue Service—Criminal Investigations.  The case is being prosecuted by Assistant U.S. Attorney Charles W. Brown.

Reference is made to court filings for further information.

OKLAHOMA CITY – The Department of Justice has awarded more than $85.3 million to bolster school security—including funding to educate and train students and faculty—and support first responders who arrive on the scene of a school shooting or other violent incident.  Including a statewide grant to the Department of Education, more than $2.3 million will go to school security measures in the Western District of Oklahoma.

"These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive," said Attorney General William P. Barr.  "By training faculty, students, and first responders, and by improving school security measures, we can make schools and their communities safer."

"Improving public safety by reducing violence is a top priority for this office," said U.S. Attorney Timothy J. Downing of the Western District of Oklahoma.  "I am pleased the Department of Justice’s grants can help our state’s educators keep our schools free of violence."

The grants include $600,000 to prevent violence in schools in Norman and Oklahoma City.  They also provide more than $1.7 million to the Oklahoma State Department of Education.  In particular, DOJ has awarded:

• $250,000 to the State Department of Education and $100,000 to Norman Public Schools to address threats through anonymous reporting technology;
• $996,855 to the State Department of Education to create or enhance a state school safety center;
• $498,997 to the State Department of Education to prevent and respond to mental health crises; and
• $500,000 to Oklahoma City Public Schools for school security measures.

President Trump signed the STOP School Violence Act into law in March 2018, authorizing grants that are designed to improve threat assessments, train students and faculty to provide tips and leads, and prepare law enforcement officers and emergency professionals to respond to school shootings and other violent incidents.  The grant programs are managed by OJP’s Bureau of Justice Assistance and the Justice Department’s Office of Community Oriented Policing Services.

The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:

• Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
• Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
• Train law enforcement to help deter student violence against others and themselves;
• Improve notification to first responders through implementation of technology that expedites emergency notifications;
• Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
• Train school officials to intervene when mentally ill individuals threaten school safety; and
• Provide training and technical assistance to schools and other awardees in helping implement these programs.

About the Office of Justice Programs:

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system.  More information about OJP and its components can be found at www.ojp.gov.

About the Office of Community Oriented Policing Services:

The COPS Office is a federal agency responsible for advancing community policing nationwide.  Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

OKLAHOMA CITY – The Department of Justice announced today that it has awarded over $273.4 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.  Of that amount, $8,536,419 will go to tribes in the Western District of Oklahoma.

"Violent crime and domestic abuse in American Indian and Alaska Native communities remain at unacceptably high levels, and they demand a response that is both clear and comprehensive," said Attorney General William P. Barr.  "We will continue to work closely with our tribal partners to guarantee they have the resources they need to curb violence and bring healing to the victims most profoundly affected by it." "My office is thrilled that tribes will be receiving funds to support public safety in Indian Country," said U.S. Attorney Timothy J. Downing.  "The U.S. Attorney’s Office will continue to work with federal, state, and tribal officials to keep tribal members safe and promote health and well-being in Indian Country."

The following amounts have been awarded to Western District of Oklahoma tribes for the programs indicated:

• Absentee Shawnee Tribe of Indians of Oklahoma - $2,142,292

Public Safety and Community Policing - $499,549

Justice Systems and Alcohol and Substance Abuse - $750,000

Tribal Youth Programs - $392,743

Addressing Violent Crime in Tribal Communities - $500,000

• Cheyenne and Arapaho Tribes - $1,050,000

Comprehensive Tribal Justice Systems Strategic Planning - $150,000

• Citizen Potawatomi Nation - $171,757

Public Safety and Community Policing - $171,757

• Comanche Nation - $1,142,023

Justice Systems and Alcohol and Substance Abuse - $749,467

Tribal Youth Program - $392,556

• Kaw Nation - $1,619,868

Violence Against Women Tribal Governments Program - $899,955

Tribal Victim Services Program - $719,913

• Otoe-Missouria Tribe of Indians - $562,122

Violence Against Women Tribal Governments Program - $562,122

• Chickasaw Nation - $1,676,597

Public Safety and Community Policing - $776,597

Violence Against Women Tribal Governments Program - $900,000

• Tonkawa Tribe of Indians of Oklahoma - $171,760

Public Safety and Community Policing - $171,760

Nationwide, 236 grants were awarded to 149 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs.  Of the $118 million awarded via CTAS, just over $62.6 million comes from the Office of Justice Programs, about $33.1 million from the Office on Violence Against Women, and more than $23.2 million from the Office of Community Oriented Policing Services.  A portion of the funding will support tribal youth mentoring and intervention services, help native communities implement requirements of the Sex Offender Registration and Notification Act, and provide training and technical assistance to tribal communities.  Another $5.5 million was funded by OJP’s Bureau of Justice Assistance to provide training and technical assistance to CTAS awardees.

The Department also announced awards and other programming totaling $167.2 million in a set-aside program to serve victims of crime.  The awards are intended to help tribes develop, expand, and improve services to victims by supporting programming and technical assistance.  About $25.6 million of these awards were awarded under CTAS and are included in the $118 million detailed above.

CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs.  The awards cover 10 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; violent crime reduction; and tribal youth programs.

The Department also provided $6.1 million to help tribes to comply with federal law on sex offender registration and notification, $1.7 million in separate funding to assist tribal youth, and nearly $500,000 to support tribal research on missing and murdered indigenous women and children and other public-safety-related topics.

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.

A listing of today’s announced CTAS awards is available at: https://www.justice.gov/tribal/awards.

 

OKLAHOMA CITY – Two men have been charged in separate cases with firearms offenses at Will Rogers World Airport, announced U.S. Attorney Timothy J. Downing.

On June 9, 2019, a federal grand jury indicted DESMOND DEMETRIUS ANTWINE, 44, of Oklahoma City, for being a felon in possession of a firearm.  Antwine entered a guilty plea to this charge on October 9, 2019, before U.S. District Judge Joe Heaton.  During his plea hearing, Antwine admitted he possessed a 9mm pistol at Will Rogers World Airport on January 11, 2019, and knew he had been convicted of a felony.

At sentencing, Antwine faces a maximum penalty of ten years in prison, three years of supervised release, and a fine of $250,000.  If the court were to determine the Armed Career Criminal Act applies, however, he would face a mandatory minimum sentence of 15 years in prison a maximum of life.  Sentencing will take place in approximately 90 days.

In a separate case, a federal grand jury has indicted THOMAS LU NGUYEN, 35, of Los Angeles, California, for being a felon in possession of a firearm and entering an airport area in violation of security requirements.  On October 1, 2019, Nguyen was charged by complaint with these crimes after Transportation Security Administration screeners at Will Rogers World Airport detected a loaded 9mm semi-automatic pistol in his backpack at approximately 5:30 a.m.  According to the indictment returned by the grand jury on October 16, Nguyen "knowingly and willfully entered an aircraft or airport area that serves an air carrier or foreign air carrier with intent to evade security procedures and restrictions . . . ."

If convicted, Nguyen faces a maximum penalty on each count of ten years in prison, three years of supervised release, and fine of up to $250,000.  Sentencing will take place in approximately 90 days.  The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The Antwine case is the result of an investigation by the Oklahoma City Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF").  It is being prosecuted by Assistant U.S. Attorney Jessica Cárdenas. The Nguyen case is the result of an investigation by the Oklahoma City Police Department, the Federal Bureau of Investigation–Oklahoma City Division, and the ATF.  It is being prosecuted by Assistant U.S. Attorney David P. Petermann.  Both cases are part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions.  As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.  For more information, visit https://www.justice.gov/psn.

Reference is made to public filings for more information.

OKLAHOMA CITY – ROMEATRIUS MOSS, 39, a nurse and Air Force Major stationed at Vance Air Force Base in Enid, has pleaded guilty to criminal health care fraud in which she accepted kickbacks for referring TRICARE beneficiaries to pharmacies furnishing compounded drugs, announced U.S. Attorney Timothy J. Downing.

According to a felony information filed on September 30, 2019, Moss solicited and received $73,823.06 in return for referrals to compounding pharmacies involving individuals covered by TRICARE, which is a health insurance program for members of the U.S. military.  Because of resulting cost increases and infringement on patient choice, it is a crime to solicit or receive payments for referrals to health care providers for an item or service that could be paid, in whole or in part, by a federal health care program.

Moss pleaded guilty on October 15 before U.S. District Judge Patrick R. Wyrick.  She admitted that while she was employed in the medical unit at Vance AFB, she gave military members pre-printed prescription pads and induced them to ask their doctors for specific compounded drugs.  Moss admitted she then sent the prescriptions or caused them to be sent to specific pharmacies.  Moss admitted she was paid a kickback that was a percentage of the gross reimbursement the pharmacies received from TRICARE for filling the prescriptions.

At sentencing, Moss faces a maximum penalty of five years in prison and a fine of up to $250,000, in addition to up to three years of supervised release.  As a result of her plea agreement, she will pay restitution to TRICARE in the amount of $622,459, the total amount of kickbacks she received in the referral scheme.  She has also agreed to the criminal forfeiture of her residence in Enid, a 2016 Porsche Cayenne, and a 2000 Fleetwood Pace Arrow.

These charges are the result of an investigation by the Defense Criminal Investigative Service, the Air Force’s Office of Special Investigations, and the Federal Bureau of Investigation–Oklahoma City Division.  The case is being prosecuted by Assistant U.S. Attorney Amanda Maxfield Green.

Reference is made to court filings for further information.

OKLAHOMA CITY – CHRISTA DAWN JACKSON, of Tuttle, has pleaded guilty to an information that charges her with embezzling more than $1.2 million through wire fraud, announced U.S. Attorney Timothy J. Downing.  She has also pleaded guilty to signing a false federal income tax return and admitted that she owes the IRS more than $200,000.

According to federal charges filed on September 26, 2019, Jackson worked as an office manager at AllPoints Pipe Service Inc., where she had access to company checks and accounting systems.  The United States alleges that from February 2010 to June 2017, she made company checks out to herself and her husband and forged the signature of the company’s owner on those checks.  It also alleges she initiated electronic transfers from company bank accounts to third parties for her own benefit and created false invoices to conceal her embezzlement.  In addition to charging wire fraud, the government charged her with signing a false 2014 federal income tax return on which she reported that her income was only $96,496, when she knew her income was substantially higher.

This morning, Jackson pleaded guilty to both crimes.  She has entered a plea agreement that requires her to pay restitution to AllPoints Pipe Service in the amount of $1,254,064.09 and to the IRS in the amount of $223,808.00.  The plea agreement also provides for a forfeiture money judgment in the amount of the embezzlement.

At sentencing, Jackson faces a maximum penalty of 20 years in prison for wire fraud and three years in prison for signing a false tax return.  She could also be required to serve a total of four years of supervised release and to pay a fine of up to $250,000 on each count.

These charges are the result of an investigation by the United States Secret Service, the Internal Revenue Service–Criminal Investigations, and the Federal Bureau of Investigation–Oklahoma City Division, with assistance from the El Reno Police Department.  The case is being prosecuted by Assistant U.S. Attorney William E. Farrior.

Reference is made to court filings for further information.

OKLAHOMA CITY – TERRENCE L. HILL, 38, of Oklahoma City, and RONALD BENTON, 47, of Temple, Oklahoma, have been convicted in separate cases of illegally possessing ammunition and a firearm respectively, announced U.S. Attorney Timothy J. Downing.  Both cases are part of "Operation 922," the U.S. Attorney’s Office’s effort to prosecute individuals who perpetrate domestic violence and violate federal gun laws.

The Terrence L. Hill Conviction

A grand jury indicted Terrence Hill on February 5, 2019, for possessing four .380 caliber steel cartridge casings after having been convicted of a felony.  On October 8 and 9, 2019, a federal jury heard evidence that Hill, who has a felony conviction, shot his former girlfriend at her residence in northwest Oklahoma City in the early morning hours of September 19, 2018.  After having dated for approximately two years, Hill and his girlfriend broke up in early 2018.  The girlfriend filed a petition for a protective order against Hill in Oklahoma County District Court on September 12, 2018.  The evidence at trial showed that on the evening of September 18, 2018, Hill called his former girlfriend and threatened to kill her and her daughter.  After a nearly sleepless night, the girlfriend saw Hill in her backyard at around 7:00 a.m.  According to the trial evidence, he fired at least four shots at her through a patio window and hit her twice in the back as she tried to escape.  Investigators recovered four casings in the backyard.  The victim’s wounds were not fatal.

On October 11, 2019, a jury unanimously found Hill guilty of possessing ammunition after a felony conviction.  At sentencing, he faces a maximum penalty of ten years in prison, followed by three years of supervised release, and a fine of up to $250,000.  Sentencing will take place in approximately 90 days.

The Ronald Benton Conviction

Ronald Benton was indicted on December 12, 2018, for possessing a firearm after being convicted of a misdemeanor crime of domestic violence.  He entered a guilty plea on March 11, 2019.  On August 22, 2019, however, the court allowed him to withdraw his guilty plea because of a new U.S. Supreme Court case that held that the government must prove the defendant knew the status that made his gun possession a federal crime.  On September 3, a grand jury returned a superseding indictment that added the allegation that Benton made a false statement on Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF") Form 4473 when he purchased a 9mm pistol in Lawton in May 2018 and stated he had never been convicted of a misdemeanor crime of domestic violence.

A jury heard the evidence against Benton on October 8, 2019.  In particular, it heard that Benton had been convicted of misdemeanor battery against his spouse in New Mexico in 2007.  The evidence showed the ATF contacted him after his May 2018 firearm purchase to inform him he was not allowed to possess a firearm.  The ATF executed a search warrant at his home in Temple, Oklahoma, on June 15, 2018, and found the pistol and ammunition in his bedroom.

Benton was convicted unanimously on October 9 on the gun crime.  The jury acquitted him of lying to purchase the weapon.  He faces a maximum penalty of ten years in prison, followed by three years of supervised release, and a fine of up to $250,000.  Sentencing will take place in approximately 90 days. 

 *     *     *     *     *

The Hill conviction is the result of an investigation by the Oklahoma City Police Department and the ATF, with assistance from FBI-Oklahoma City Division.  It is being prosecuted by Assistant U.S. Attorneys Jacquelyn M. Hutzell and Matthew P. Anderson.  The Benton conviction is the result of an investigation by the ATF.  It is being prosecuted by Assistant U.S. Attorneys Wilson D. McGarry and Jason M. Harley.

"Operation 922" is the local implementation of the national PSN initiative in the Western District of Oklahoma.  Rather than focusing on prosecutions coming from a geographic area, "Operation 922" prioritizes prosecutions on a subject matter plaguing Oklahoma: domestic violence.  As part of this initiative, federal prosecutors focus on enforcing 18 U.S.C. § 922, which precludes specific individuals—including not only felons, but also domestic-violence abusers who are subject to a victim protective order or who have been previously convicted of a misdemeanor crime of domestic violence—from possessing firearms or ammunition.  In addition, the U.S. Attorney’s Office prosecutes domestic abuse in Indian Country, including assaults, batteries, strangulations, and homicides.

Reference is made to public filings for further information.

Two years ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods ("PSN"), the centerpiece of the Department’s strategy to reduce violent crime.  Since that announcement, the U.S. Attorney’s Office for the Western District of Oklahoma has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.  According to the FBI’s Uniform Crime Report released last week, the violent crime rate decreased for the second consecutive year, down 3.9 percent from the 2017 numbers.  And according to the Oklahoma State Bureau of Investigation, Oklahoma has seen fewer murders and robberies over the last two years.

"The revitalized Project Safe Neighborhoods program is a major success," said Attorney General William P. Barr.  "It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety.  U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police.  The Justice Department’s relationships across the board have never been stronger."

"Reducing violence in the Western District of Oklahoma is a top priority of my work as U.S. Attorney and of the dedicated Assistant U.S. Attorneys and staff in the office," said U.S. Attorney Downing.  "It is gratifying to know we have a role to play in assisting our state, local, and tribal law enforcement partners in bringing down crime rates and improving the lives of citizens who may be vulnerable to violent actors."

As we celebrate the two-year anniversary of the revitalized PSN program, these are some of the highlights of PSN in the Western District of Oklahoma over the past year:

Enforcement Actions

In addition to charging felons in possession of firearms, the U.S. Attorney’s Office has focused on the prosecution of perpetrators of domestic violence, particularly those who possess firearms in violation of federal criminal law.  The following are some examples of the office’s enforcement actions under the PSN banner, including "Operation 922," which focuses on gun crimes tied to domestic violence:

• On May 17, 2019, a jury convicted Chad Wayne Kaspereit of possessing a firearm while subject to a victim protective order and lying on a federal form to purchase firearms.  Sentencing is pending.  See https://www.justice.gov/usao-wdok/pr/jury-convicts-man-subject-victim-protective-orders-possessing-firearms.

• In May 2019, four defendants received lengthy prison sentences within the course of a week in separate gun cases connected to domestic violence.  See https://www.justice.gov/usao-wdok/pr/operation-922.

• During the last year, numerous members of the Universal Aryan Brotherhood have been sentenced to long prison sentences for gun and drug offenses.  See, for example, https://www.justice.gov/usao-wdok/pr/universal-aryan-brotherhood-members-sentenced-decades-prison.

• On August 13, 2019, Brandon Sherod Ramsey was sentenced to the statutory maximum of 120 months in prison for being a felon in possession of a firearm.  In imposing this sentence, the court considered Ramsey’s connections to gun crimes, such as his having pointed a firearm at another driver while traveling on the interstate, as well as his possession of two high-capacity magazines.

• On September 12, 2019, Jervares Damora Davis was sentenced to 100 months in prison for being a felon in possession of a firearm.  Davis was involved in an attempted drive-by shooting involving rival gang members that resulted in serious injuries to his girlfriend.

• On September 20, 2019, James Dean Lamar LaFountain was sentenced to 60 months in prison for assaulting his wife with a knife in Indian Country.  See https://www.justice.gov/usao-wdok/pr/seiling-man-sentenced-five-years-domestic-violence-indian-country.

Community Partnerships

• The U.S. Attorney’s Office has worked with Palomar, Oklahoma City’s Family Justice Center, to bring to justice individuals who commit domestic violence and are in violation of federal criminal gun laws.  The district has received national recognition for its efforts to supplement local efforts to combat domestic violence, including its work with Palomar.  See https://www.justice.gov/usao-wdok/pr/department-justice-highlights-western-district-oklahoma-its-focus-firearms-offenses.

• The office spearheads the Probationer and Parolee Reentry Program (PPREP), which since March 2011 has coordinated with state prosecutors and federal and state law enforcement to inform thousands of recently released state parolees and probationers about social services available to them and also about the consequences of further criminal activity, including the illegal possession of firearms.  For more information, visit https://www.justice.gov/usao-wdok/pr/assistant-us-attorney-ashley-l-altshuler-receives-award-attorney-general-reentry.

Improvements to Community Safety

• For the second consecutive year, the estimated number of violent crimes in the nation decreased when compared with the previous year’s statistics, according to FBI figures released last week.  In 2018, the number of violent crimes was down 3.3 percent from the 2017 number.

• The 2018 statistics also show the estimated rate of violent crime was 368.9 offenses per 100,000 inhabitants. The violent crime rate fell 3.9 percent when compared with the 2017 rate.

• According to OSBI’s 2018 crime statistics, murders in Oklahoma were down almost 15% between 2017 (246) and 2018 (210).  That trend holds true in Oklahoma County, where murders went from 94 to 60 in that same timeframe.  Robberies are in decline over a two-year period, from 3,135 state-wide in 2016 to 2,765 state-wide in 2018, and from 1,305 in Oklahoma County in 2016 to 1,208 in Oklahoma County in 2018.  For more information, visit https://osbi.ok.gov/publications/crime-statistics.

To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.

OKLAHOMA CITY — Naif Abdulaziz M. Alfallaj, 35, a citizen of Saudi Arabia and a former resident of Weatherford, Oklahoma, has been sentenced to 151 months in federal prison for making a false statement to the FBI about his attendance at an al Qaeda training camp in Afghanistan in late 2000, as well as for visa fraud.

Assistant Attorney General for National Security John C. Demers, United States Attorney Timothy J. Downing of the Western District of Oklahoma, Special Agent-in-Charge Melissa R. Godbold of the FBI’s Oklahoma City Division, and Special Agent-in-Charge Ryan Spradlin of Homeland Security Investigations (HSI) made the announcement.

"The U.S. Government identified the defendant after finding his fingerprints on an application to join al Qaeda that the U.S. military had gathered from the battlefields of Afghanistan," said Assistant Attorney General John C. Demers of the National Security Division.  "We were able to match those fingerprints with fingerprints taken for his U.S. visa application and to determine that he had made false statements in that application in order to conceal his attendance at an al Qaeda training camp in 2000.  With the sentence imposed today, he will be held accountable for his crime and removed from the country.  I want to thank the military personnel, agents, analysts, and prosecutors whose dedication is responsible for this case."

"This case required thorough investigation and careful coordination among agents and prosecutors in a matter that is our highest priority—terrorism," said U.S. Attorney Downing.  "We are fortunate to have dedicated, effective federal law enforcement looking out for potential threats to public safety in Oklahoma."

"This investigation highlights the ongoing efforts of the FBI’s Oklahoma City Joint Terrorism Task Force.  Together with our federal, state, and local law enforcement partners, the FBI is committed to defending the American people against potential acts of terrorism.  Today’s sentencing is a reminder that protecting the United States from the threat of terrorism remains the FBI's number one priority," said Special Agent-in-Charge Melissa Godbold of the FBI’s Oklahoma City Field Office.

HSI Special Agent-in-Charge Spradlin said: “Our ongoing fight against terrorists depends upon our partnerships with many law enforcement agencies and sometimes takes years.  However, the United States has the resources, the will, and the patience to identify and pursue terrorists—despite the lies they tell to hide themselves.  Homeland Security Investigations frequently plays a key role in identifying and locating terrorists in our midst.”

On February 5, 2018, Alfallaj was taken into custody by the FBI without incident, based on a criminal complaint signed in the Western District of Oklahoma.  According to the complaint, the FBI found 15 of Alfallaj’s fingerprints on an application to an al Qaeda training camp, known as al Farooq, which was one of al Qaeda’s key training sites in Afghanistan leading up to the attacks of September 11, 2001.  The document was recovered by the U.S. military from an al Qaeda safe house in Afghanistan and included an emergency contact number associated with Alfallaj’s father in Saudi Arabia.

Alfallaj first entered the U.S. in late 2011 on a nonimmigrant visa based on his wife’s status as a foreign student.  He answered several questions on his visa application falsely, including whether he had ever supported terrorists or terrorist organizations.  Alfallaj has been detained in federal custody since his arrest.

On February 6, 2018, a grand jury in Oklahoma City returned a three-count indictment against Alfallaj.  Count One alleged that from March 2012 to the present, he possessed a visa obtained by fraud.  Count Two alleged he used that visa in October 2016 to apply for lessons at a private flight school in Oklahoma.  Count Three charged him with making a false statement to the FBI in an investigation of an offense involving international terrorism by denying, among other things, that he had ever visited Afghanistan.

Alfallaj pleaded guilty to Counts One and Three on December 14, 2018.  In particular, he admitted he possessed a nonimmigrant visa from March 2012 to early 2018 that he obtained by fraud.  He also admitted he falsely told federal agents during the December 2017 interview that he had never visited Afghanistan or participated in religious, tactical, or military training outside Saudi Arabia, and otherwise affirmed falsely that all of the answers on his nonimmigrant visa application were true and correct.  As part of his plea agreement, Alfallaj consented to the entry of a stipulated judicial order of removal from the United States at the end of any prison term.

Today, U.S. District Judge Scott L. Palk sentenced Alfallaj to 151 months in prison.  This consists of 120 months—the statutory maximum—for visa fraud and 96 months—also the statutory maximum—for making a false statement.  The court announced that 31 months of the false-statement sentence will run consecutive to the visa-fraud sentence, for a total incarceration period of 151 months.  In reaching this sentence, the court took into account Alfallaj’s pattern of deceptive statements and his inquiry on an online forum in 2013 about participating in fighting in Afghanistan or Chechnya, in which he used his nickname from the al Farooq camp.  At the conclusion of the hearing, the judge signed the stipulated order of removal.

This case is the result of an investigation by the FBI-Oklahoma City Joint Terrorism Task Force, which includes members from the U.S. Department of Homeland Security, the U.S. Secret Service, the Transportation Security Administration, the Oklahoma Highway Patrol, the University of Oklahoma Police Department, the Oklahoma City Police Department, and the Edmond Police Department.  Assistant U.S. Attorney Matt Dillon of the Western District of Oklahoma and Trial Attorneys David C. Smith and C. Alexandria Bogle of the National Security Division’s Counterterrorism Section prosecuted the case.

Naif Abdulaziz M. Alfallaj, 35, a citizen of Saudi Arabia and a former resident of Weatherford, Oklahoma, has been sentenced to 151 months’ imprisonment for making a false statement to the FBI about his attendance at an al Qaeda training camp in Afghanistan in late 2000, as well as for visa fraud.

“The U.S. Government identified the defendant after finding his fingerprints on an application to join al Qaeda that the U.S. military had gathered from the battlefields of Afghanistan,” said Assistant Attorney General John C. Demers of the National Security Division.  “We were able to match those fingerprints with fingerprints taken for his U.S. visa application and to determine that he had made false statements in that application in order to conceal his attendance at an al Qaeda training camp in 2000.  With the sentence imposed today, he will be held accountable for his crime and removed from the country.  I want to thank the military personnel, agents, analysts and prosecutors whose dedication is responsible for this case.”  

“This case required thorough investigation and careful coordination among agents and prosecutors in a matter that is our highest priority—terrorism,” said U.S. Attorney Downing for the Western District of Oklahoma.  “We are fortunate to have dedicated, effective federal law enforcement looking out for potential threats to public safety in Oklahoma.”

“This investigation highlights the ongoing efforts of the FBI's Oklahoma City Joint Terrorism Task Force.  Together with our federal, state, and local law enforcement partners, the FBI is committed to defending the American people against potential acts of terrorism.  Today's sentencing is a reminder that protecting the United States from the threat of terrorism remains the FBI's number one priority, ” said Special Agent in Charge Melissa Godbold of the FBI's Oklahoma City Field Office.

“Our ongoing fight against terrorists depends upon our partnerships with many law enforcement agencies and sometimes takes years,” said HSI Special Agent-in-Charge Ryan Spradlin.  “However, the United States has the resources, the will and the patience to identify and pursue terrorists — despite the lies they tell to hide themselves.  Homeland Security Investigations frequently plays a key role in identifying and locating terrorists in our midst.”

On Feb. 5, 2018, Alfallaj was taken into custody by the FBI without incident, based on a criminal complaint signed in the Western District of Oklahoma.  According to the complaint, the FBI found 15 of Alfallaj’s fingerprints on an application to an al Qaeda training camp, known as al Farooq, which was one of al Qaeda’s key training sites in Afghanistan leading up to the attacks of September 11, 2001.  The document was recovered by the U.S. military from an al Qaeda safe house in Afghanistan and included an emergency contact number associated with Alfallaj’s father in Saudi Arabia.

Alfallaj first entered the U.S. in late 2011 on a nonimmigrant visa based on his wife’s status as a foreign student.  He answered several questions on his visa application falsely, including whether he had ever supported terrorists or terrorist organizations.  Alfallaj has been detained in federal custody since his arrest.

On Feb. 6, 2018, a grand jury in Oklahoma City returned a three-count indictment against Alfallaj.  Count One alleged that from March 2012 to the present, he possessed a visa obtained by fraud.  Count Two alleged he used that visa in October 2016 to apply for lessons at a private flight school in Oklahoma.  Count Three charged him with making a false statement to the FBI in an investigation of an offense involving international terrorism by denying, among other things, that he had ever visited Afghanistan.

Alfallaj pleaded guilty to Counts One and Three on Dec. 14, 2018.  In particular, he admitted he possessed a nonimmigrant visa from March 2012 to early 2018 that he obtained by fraud.  He also admitted he falsely told federal agents during the December 2017 interview that he had never visited Afghanistan or participated in religious, tactical, or military training outside Saudi Arabia, and otherwise affirmed falsely that all of the answers on his nonimmigrant visa application were true and correct.  As part of his plea agreement, Alfallaj consented to the entry of a stipulated judicial order of removal from the United States at the end of any prison term.

Today, U.S. District Judge Scott L. Palk sentenced Alfallaj to 151 months’ imprisonment.  This consists of 120 months—the statutory maximum—for visa fraud and 96 months—also the statutory maximum—for making a false statement.  The court announced that 31 months of the false-statement sentence will run consecutive to the visa-fraud sentence, for a total incarceration period of 151 months.  In reaching this sentence, the court took into account Alfallaj’s pattern of deceptive statements and his inquiry on an online forum in 2013 about participating in fighting in Afghanistan or Chechnya, in which he used his nickname from the al Farooq camp.  At the conclusion of the hearing, the judge signed the stipulated order of removal.

This case is the result of an investigation by the FBI-Oklahoma City Joint Terrorism Task Force, which includes members from the U.S. Department of Homeland Security, the U.S. Secret Service, the Transportation Security Administration, the Oklahoma Highway Patrol, the University of Oklahoma Police Department, the Oklahoma City Police Department, and the Edmond Police Department.  Assistant U.S. Attorney Matt Dillon of the Western District of Oklahoma and Trial Attorneys David C. Smith and C. Alexandria Bogle of the National Security Division’s Counterterrorism Section prosecuted the case.

OKLAHOMA CITY – KIRANKUMAN GANDHI, 49, has pleaded guilty to soliciting arson, announced U.S. Attorney Timothy J. Downing.

A federal grand jury indicted Gandhi on July 2, 2019, for attempting to destroy by fire a building at 1004 West 11th Street in Hobart, Oklahoma, where Gandhi owned the Hiway Inn.  According to the indictment, the property was being rented and thus affected interstate commerce.

Today, Gandhi pleaded guilty to a superseding information that charges the related crime of solicitation to commit a crime of violence, in particular arson.  During a hearing before U.S. District Judge David L. Russell, he admitted that between June 14, 2018, and June 12, 2019, he paid an undercover federal agent to burn down property affecting interstate commerce.

Gandhi faces a maximum potential penalty of ten years in prison and a fine of $125,000.  He could also face up to three years of supervised release after any prison sentence.

This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Kiowa County Sheriff’s Office.  Assistant U.S. Attorneys Mark R. Stoneman and Jacquelyn M. Hutzell are prosecuting the case.

Reference is made to public filings for more information.

 

OKLAHOMA CITY – SAGE ATHEAKEE GOMEZ, 23, a member of the Ponca Tribe of Oklahoma, has been sentenced to five years in prison for involuntary manslaughter, announced U.S. Attorney Timothy J. Downing.

According to court documents, on September 15, 2018, Gomez stabbed B.L.W., a member of the Tonkawa Tribe, at a rural residence on Indian land near Ponca City.  The victim died of his wounds on October 2.  Gomez has been in federal custody since his arrest in late September 2018.

On October 16, 2018, a federal grand jury charged Gomez with three federal crimes: voluntary manslaughter "upon sudden quarrel and heat of passion" in Indian Country, Assault with a Dangerous Weapon in Indian Country, and Assault Resulting in Serious Bodily Injury in Indian Country.  On March 8, 2019, Gomez pleaded guilty to a superseding information that charged him with involuntary manslaughter.  In particular, the new charge alleged that when he stabbed the victim during an altercation, Gomez committed a reckless act "without due caution and circumspection, which might produce death."

After a lengthy hearing today, U.S. District Judge Charles B. Goodwin sentenced Gomez to five years in the custody of the Bureau of Prisons, to be followed by three years of supervised release.  This prison sentence is above the advisory imprisonment range under the U.S. Sentencing Guidelines.  The court also ordered Gomez to pay $6,890.27 in restitution to cover funeral expenses.  Of that amount, $5,500 will go to the Tonkawa Tribe and $1,390.27 will go to the Oklahoma Crime Victims Fund.

This case is result of an investigation by the Bureau of Indian Affairs.  It was prosecuted by Assistant U.S. Attorneys Arvo Q. Mikkanen and Matthew Anderson.

Reference is made to public filings for further information.

OKLAHOMA CITY – A federal grand jury has charged DAVID QUY, D.O., 62, an Oklahoma City resident who practiced medicine in Warr Acres, with dispensing opioids illegally and identity theft, announced U.S. Attorney Timothy J. Downing.

According to the indictment, Quy saw patients at Family Medicine Center, 5500 N.W. Expressway, in Warr Acres.  It is alleged that from November 2014 until May 8, 2019, he conspired to dispense Schedule II prescription opioids, including Oxycodone and Hydrocodone, outside the usual course of professional medical practice and without legitimate medical purpose when he wrote prescriptions for certain of his employees and then directed those employees to fill the prescriptions and bring the pills back to him.  He is also charged with 55 counts of illegally dispensing Schedule II opioids on specific dates from November 2014 to April 2019.

In two separate counts, he is charged with identity theft based on allegations that he wrote prescriptions for Hydrocodone-Homatropine Syrup, a Schedule II opioid, in the names of minor children of employees when he intended that those prescriptions be used by someone else.

On May 14, 2019, the Oklahoma Bureau of Narcotics and Dangerous Drugs issued an emergency suspension of Quy’s license to prescribe controlled substances.

If found guilty of conspiracy or any of the 55 substantive counts of dispensing opioids illegally, Quy faces up to twenty years in prison, not less than three years of supervised release, and a fine of up to $1 million.  If found guilty of identity theft, he could be imprisoned up to five years, serve an additional three years on supervised release, and be subject to a $250,000 fine.

This case is a result of an investigation by the Oklahoma Bureau of Narcotics and Dangerous Drugs, with assistance from the Drug Enforcement Administration.  Assistant U.S. Attorney Scott E. Williams is prosecuting the case.

The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – JAMES DEAN LAMAR LaFOUNTAIN, 25, of Seiling, Oklahoma, has been sentenced to five years in federal prison for wounding his wife and later calling her from jail to instruct her not to testify against him, announced U.S. Attorney Timothy J. Downing.

According to a two-count superseding indictment, LaFountain assaulted his wife with a knife with the intent to do bodily harm and also attempted to strangle and suffocate her, all on November 25, 2018.  The case was charged in federal court because LaFountain is an Indian and the alleged crimes took place in Indian Country.  Originally arrested on tribal charges, LaFountain has been in the custody of the U.S. Marshals Service since January 3, 2019.

On April 25, 2019, LaFountain pleaded guilty to a two-count superseding information.  At his plea hearing, he admitted he held his wife down and wounded her in Indian Country on November 25, 2018.  He also admitted he committed the crime of tampering with a witness by calling his wife from jail in an attempt to get her not to testify against him.

At sentencing today, U.S. District Judge Charles Goodwin sentenced LaFountain to five years in the Bureau of Prisons, to be followed by three years of supervised release.  The court took into account reports that LaFountain, while intoxicated, put a knife to his wife’s throat, attempted to strangle her, and threatened their children.   The court also considered episodes of LaFountain’s escalating physical violence toward his wife, as well as his having placed numerous phone calls to her in early 2019 with instructions not to testify against him.

This sentence is the result of an investigation by the Bureau of Indian Affairs, with assistance from the Dewey County Sheriff’s Office.  The case was prosecuted by Assistant U.S. Attorney Jessica Cárdenas.

Reference is made to court filings for further information.

OKLAHOMA CITY – Two members of the Universal Aryan Brotherhood have been sentenced to decades in prison in separate cases, announced U.S. Attorney Timothy J. Downing of the Western District of Oklahoma.  CHRISTOPHER CHAD POOL, aka "Cityboy," 40, will serve 20 years in prison for drug and gun crimes, while OWEN HENRY LONG, JR., aka "Ardmore," 38, will serve more than 28 years in prison for a drug offense.

A federal grand jury indicted Pool on August 21, 2018, for possessing methamphetamine with intent to distribute and possession of a machine gun, a silencer, and an illegally modified rifle.  The indictment also charged him with being a felon in possession of three firearms and possessing those firearms in furtherance of a drug-trafficking crime.  All of this conduct took place in Canadian County.  On March 8, 2019, Pool pleaded guilty to the first five of these six crimes.  He has been in the custody of the U.S. Marshals Service since August 2018.

On August 26, 2019, U.S. District Judge Charles B. Goodwin sentenced Pool to 240 months, or 20 years, in federal prison.  After imprisonment, he will be on supervised release for five years.  In addition, he will forfeit military-style body armor, $5,789 in cash, and more than 30 firearms.  At sentencing, the court heard information about Pool’s threats to kill multiple law enforcement officers and their families.

Pool’s co-defendant, CHRISTINA LORAL POOL, aka Christina Loral McNees, aka "Citygirl," 26, pleaded guilty to the same offenses on March 8, 2019, and was sentenced on August 9, 2019, to 72 months, or six years, in prison, to be followed by four years of supervised release.

In a separate case, Long was indicted on July 17, 2018, for crimes in Beckham County: possessing methamphetamine with intent to distribute, being a felon in possession of a semi-automatic pistol, and possessing that pistol in furtherance of drug trafficking.  A jury found him guilty of the drug crime on December 13, 2018, and was unable to reach a verdict on the gun offenses.  He has been in U.S. Marshals custody since July 2018.

Today, U.S. District Judge Joe Heaton sentenced Long to 340 months, or 28 years and four months, to be followed by four years of supervised release.

Long’s co-defendant, ANGELA DAWN SHEPHERD, 38, was sentenced to 24 months, or two years, in prison for methamphetamine possession with intent to distribute on June 2, 2019.  She will be subject to supervised release for three years after service of her sentence.

"These long sentences for Universal Aryan Brotherhood members reflect the violent nature of that gang and will protect the public from the drugs and firearms these sorts of individuals bring into our communities," said U.S. Attorney Downing.  "I appreciate the continuing focus on violent gangs by our partner law enforcement agencies, including the Department of Homeland Security and the Bureau of Alcohol, Tobacco, Firearms, and Explosives."

"Homeland Security Investigations (HSI) special agents partner everyday with local and state law enforcement agencies in our joint efforts to combat any public-safety threats," said Ryan L. Spradlin, Special Agent-in-Charge of HSI Dallas.  "Gang members and drug traffickers should know that HSI has vast law enforcement resources across the globe to end their ruthless goals of wreaking havoc in our communities."  

The Pool sentence is the result of an investigation by HSI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Oklahoma City Police Department and the District Attorney’s Offices for Oklahoma and Canadian Counties.  Assistant U.S. Attorneys Nicholas J. Patterson and Wilson D. McGarry prosecuted that case.  The Long sentence is the result of an investigation by HSI, with assistance from the District 2 Drug Task Force, the Elk City Police Department, and the District Attorney’s Office for District 2, which includes Beckham County.  It was prosecuted by Assistant U.S. Attorneys Nicholas J. Patterson and Jason M. Harley.  Both cases are part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime.  In October 2017, the Department announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.

Reference is made to court filings for further information.

OKLAHOMA CITY – Nineteen individuals have been charged in an indictment unsealed today with conspiring to distribute multiple kilograms of heroin and methamphetamine from sources in Mexico and elsewhere, announced U.S. Attorney Timothy J. Downing.  As of today, federal, state, local, and tribal law enforcement officers have arrested 17 of these defendants as part of an operation that involved executing fourteen search warrants and seizing firearms, illegal drugs, and U.S. currency.

"Consistent with this administration’s prioritization of opioid enforcement, the U.S. Attorney’s Office will work closely with law enforcement to keep heroin off of Oklahoma streets," said U.S. Attorney Downing.  "I could not be more pleased about this successful series of arrests and the cooperation among law enforcement that makes an operation of this sort possible."

"Today is a great day for the citizens of Oklahoma," said Clyde E. Shelley, Jr., Special Agent-in-Charge of the Dallas Field Division of the Drug Enforcement Administration.  "The DEA, along with partners from numerous federal, state, local, and tribal law enforcement agencies, have dismantled a heroin trafficking organization responsible for distributing large amounts of this dangerous drug across the state of Oklahoma."

John P. Scott, Assistant Special Agent-in-Charge of DEA’s Oklahoma District, said: "This case is a perfect example of the outstanding collaboration and partnerships that the law enforcement community has here in the state of Oklahoma.  This case was developed over the last two years, spanning multiple states and judicial districts.  It would not have been possible without the efforts of the case agents, task force officers, and prosecutors who work tirelessly to rid our community of those determined to make money off of selling drugs that devastate communities and destroy lives."

The defendants charged in the indictment are:

• Juan Rocha-Teran, 33
• Daniel Gonzalez-Herrera, 28
• Victor Legorreta-Torres, 33
• Angel Artemio Gonzalez, 20
• Nicole Burkhammer, 24
• Samuel Purkhiser, 29
• Brittany Blake, 29
• Carlos De Leon, 29
• Mariano Contreras-Acosta, 51
• Edward Owens, 35
• Joshua Keenan Williams, 28
• Neri Estuardo Sanchez-Mijangos
• Kelsey Taylor, 22
• Jeff Burke, 30
• Christian Dusenberry, 23
• Damon Colclasure, 44
• Haylee Butler, 23
• Weston Guinn, 32
• Rosalynn Zaragoza, 19

Defendants Rocha-Teran, Gonzalez-Herrera, Legorreta-Torres, Artemio Gonzalez, De Leon, and Sanchez-Mijangos are citizens of Mexico.

According to the indictment, from December 2015 to the present, each defendant was a member of a conspiracy that distributed one kilogram or more of heroin and 500 grams or more of methamphetamine.  It is alleged that Rocha-Teran, Legorreta-Torres, Artemio Gonzalez, De Leon, Contreras-Acosta, and Sanchez-Mijangos acquired multiple kilogram and pound quantities of heroin and methamphetamine from sources in California, Nevada, Mexico, Texas, and elsewhere for re-distribution in the Oklahoma City area.  Certain conspirators allegedly stored the drugs at specific addresses in Oklahoma City.  They are alleged to have used coded language in cell phone conversations to facilitate the distribution.
 
In addition to one count of conspiracy, the indictment charges various defendants in 37 counts of possession with intent to distribute, 17 counts of using a telephone to facilitate a drug felony, and four counts of maintaining a premises for the purpose of distributing drugs.
 
On August 20, officers from a variety of federal, state, local, and tribal law enforcement agencies executed a coordinated series of arrests and searches in Oklahoma and Nevada.  Including first responders, more than 200 personnel were involved in the operation.  The August 20 takedown resulted in 14 arrests in various parts of Oklahoma.  One additional defendant was arrested today.  All fifteen of these defendants are being arraigned this afternoon at 1:00, 2:00, and 3:00 before U.S. Magistrate Judge Shon T. Erwin.  In addition, Contreras-Acosta was arrested on August 6 in Texas and is being held in the Dallas County Jail, and De Leon was arrested on August 14 in Oklahoma City and is been held in the Oklahoma County Jail.
 
Defendants Angel Artemio Gonzalez and Rosalynn Zaragoza have not been apprehended and are considered fugitives.  Law enforcement believes Artemio Gonzalez is in the Ontario, California, area and that Zaragoza is in the Oklahoma City area.
 
In the course of arresting defendants, law enforcement officers have seized a total of more than 16 pounds of heroin, more than three pounds of methamphetamine, eight firearms, and approximately $30,000 in U.S. currency.  The amount of heroin seized is the equivalent of approximately 30,000 individual doses.
 
The following agencies assisted in bringing these defendants into custody and searching locations associated with them:

• Broken Arrow Police Department
• Bureau of Alcohol, Tobacco, Firearms & Explosives
• Bureau of Indian Affairs
• Canadian County Sheriff’s Office
• Chickasaw Nation Lighthorse Police Department
• Choctaw Police Department
• Duncan Police Department
• Edmond Police Department
• El Reno Police Department
• Grady County Sheriff’s Office
• Mesquite, TX Police Department
• Moore Police Department
• Norman Police Department
• Oklahoma Bureau of Narcotics
• Oklahoma City Police Department
• Oklahoma County District Attorney’s Office
• Oklahoma County Sheriff’s Office
• Oklahoma District 18 Task Force
• Oklahoma District 21 Task Force
• Oklahoma District 23 Task Force
• Oklahoma Highway Patrol
• Ontario, California, Police Department, Career Criminal Division
• Oregon State Police
• Rogers County District Attorney’s Office
• Seminole Nation Lighthorse Police Department
• Texas Department of Public Safety
• Tulsa County Sheriff’s Office
• Tulsa Police Department
• U.S. Immigration and Customs Enforcement (Enforcement and Removal Operations)
• U.S. Marshals Service
• Yukon Police Department

If found guilty of conspiracy, each defendant faces up to life in prison and a minimum mandatory sentence of ten years, as well as supervised release of up to life and a fine of up to $10,000,000.  Convictions on counts charging possession with intent to distribute would carry maximum sentences of 20 years, 40 years, or life, depending on the drug amounts alleged in each count.  Each count of using a telephone to facilitate a drug felony would carry a maximum sentence of four years upon conviction.  And a conviction on the counts charging maintaining a drug-involved premises would carry a maximum sentence of 20 years.
 
This indictment is the result of an investigation by the Drug Enforcement Administration.  The case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force ("OCDETF"), which coordinates the investigation and federal prosecution of the highest priority drug trafficking organizations.  This prosecution also falls within the parameters of the Western Oklahoma Opioid Enforcement Team, which brings together federal, state, and tribal law enforcement to focus on attacking illegal opioids, such as heroin.  The case is being prosecuted by Assistant U.S. Attorneys David P. Petermann and Matthew P. Anderson.
 
The public is reminded that these charges are merely allegations and that each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – NNAMDI FRANKLIN OJIMBA, 35, has been convicted by a jury of conspiring to commit wire fraud based on his involvement in an on-line romance scam, announced U.S. Attorney Timothy J. Downing.

According to an indictment filed on October 17, 2017, Ojimba and others defrauded individuals by fostering what appeared to be a genuine romantic relationship on-line and then convincing those individuals to send them money.  Ojimba and others used the persona "Edward Peter Duffey" and claimed to be a successful financial advisor or affiliated with charitable causes.  He purported to have inside financial information, such as knowledge that the investment firm used by the victim was under investigation or was financially unsound.  As a result of these fraudulent claims, victims wired money to conspirators for what they believed would be investments.  In reality, Ojimba and his conspirators kept the money for themselves.

Two of Ojimba’s conspirators, Ken Ejimofor Ezeah and Akunna Baiyina Ejiofor, have already been convicted and sentenced.  Ezeah, who pleaded guilty to conspiracy, was sentenced to 11 years in prison on October 6, 2017, and ordered to pay $4,678,302.79 in restitution to ten victims.  Ejiofor was convicted by a jury on March 30, 2017, and sentenced to seven years in prison on September 28, 2017.

In October 2018, a jury was unable to reach a verdict on the conspiracy count.  The United States re-tried the conspiracy case against Ojimba beginning on August 12, 2019, before a different jury.  On August 16, he was found guilty.  Chief United States District Judge Timothy D. DeGiusti ordered that Ojimba be detained in the custody of the U.S. Marshals Service pending further proceedings.

At sentencing, Ojimba faces up to 20 years in prison, three years of supervised release, and a fine of up to $250,000.  Sentencing will take place in approximately 90 days.

This conviction is the result of an investigation by the FBI Oklahoma City Division.  The case is being prosecuted by Assistant U.S. Attorney Timothy W. Ogilvie.

Reference is made to public filings for further information.

OKLAHOMA CITY – JEFFREY SCOTT TERRY, 37, of Mangum, Oklahoma, has pleaded guilty to two felony counts of health care fraud, announced U.S. Attorney Timothy J. Downing and Oklahoma Attorney General Mike Hunter.

According to an indictment filed in March, Terry was a licensed pharmacist who began operating Bratton Drug at 109 S. Oklahoma in Mangum in August 2015.  Both the Oklahoma Health Care Authority—which administers Medicaid under the name SoonerCare—and Medicare reimbursed Bratton Drug for prescriptions and pharmaceutical products it dispensed.

The indictment alleged that from August 2015 to September 2018, Terry submitted false claims to SoonerCare and Medicare Part D for drugs that had not actually been prescribed or dispensed to patients.

Today Terry entered a guilty plea before U.S. District Judge Scott L. Palk to one count relating to Medicaid and one count relating to Medicare.  The court will consider all of Terry’s fraudulent conduct when it imposes a sentence in approximately 90 days.

In a plea agreement, Terry has acknowledged that he will be ordered to pay restitution to Oklahoma and the federal government for losses sustained by SoonerCare and Medicare.  In particular, he has agreed to pay $328,836.18 to SoonerCare and $753,334.13 to Medicare, for a total of $1,082,170.31.  He has also agreed to forfeit real property in Greer County and a 2016 Dodge Challenger.  The U.S. Attorney’s Office maximized recovery of fraud proceeds by obtaining a civil injunction against the dissipation of assets.

At sentencing, Terry faces up to ten years in prison on each count, in addition to a fine of up to $250,000.  He will also be subject to up to three years of supervised release after imprisonment.

These charges are the result of an investigation by the Oklahoma Attorney General’s Office’s Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services—Office of Inspector General, Office of Audit Services.  Assistant Oklahoma Attorney General Lory Dewey, who also serves as a Special Assistant U.S. Attorney, and Assistant U.S. Attorney Amanda Green are prosecuting the case.  Assistant U.S. Attorneys Amanda Johnson and Ron Gallegos of the U.S. Attorney’s Office’s Civil Division are handling the civil injunctive component of the case.

Reference is made to public filings for further information.

OKLAHOMA CITY – A federal grand jury has returned an indictment charging CHRISTINA ROCHELLE ANGLIN, of Burnsville, North Carolina, with six counts of failure to collect and pay over employment taxes, announced U.S. Attorney Timothy J. Downing.

According to the indictment, Anglin was the Controller and Chief Financial Officer for a group of companies owned by the Alabama-Quassarte Tribal Town, located in Wetumpka, Oklahoma.  In that role, Anglin was responsible for collecting and paying over to the IRS taxes withheld on behalf of the employees of Atmospheric Technology Services Company (ATSC), which was headquartered in Norman, Oklahoma.

The indictment alleges that Anglin failed to collect and pay over a total of $1,744,047.68 for the employees of ATSC from the second quarter of 2017 through the third quarter of 2018.  Meanwhile, Anglin allegedly approved hundreds of thousands of dollars of non-tax expenditures, including salary and bonuses for herself and payments for the personal benefit of another person associated with the companies.

If found guilty, Anglin faces up to five years in prison and up to three years of supervised release for each count.

Agencies responsible for the multi-year investigation that led to the indictment include the Internal Revenue Service—Criminal Investigation, the FBI Oklahoma City Division, the Defense Criminal Investigative Service, the General Services Administration—Office of Inspector General, the Small Business Administration—Office of Inspector General, the Naval Criminal Investigative Service, and the Army Criminal Investigation Command. 

The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – MICAH LYNNE WASCHER, 36, and TRAVIS EUGENE WASCHER, 42, both of Canute, Oklahoma, have been charged with methamphetamine distribution, announced U.S. Attorney Timothy J. Downing.  The defendants are married and, at the time of the alleged offenses, were Correctional Officers for the Oklahoma Department of Corrections at the North Fork Correctional Facility in Sayre.

According to an affidavit in support of a criminal complaint filed on July 30, Oklahoma Department of Corrections staff confiscated a cell phone from a North Fork inmate on May 27, 2019.  It is alleged the Department’s Security Threats Intelligence group discovered the phone contained evidence of regular communications among the inmate who had the phone, another inmate, and Micah Lynne Wascher.  The phone allegedly included evidence that the other inmate had been receiving money on a Green Dot prepaid credit card from Wascher.  Both inmates at issue are allegedly members of the Universal Aryan Brotherhood.

According to the affidavit, Department of Corrections officers obtained a warrant and searched the defendants’ home in Canute.  They discovered 72 grams of a white, crystal-like substance that field tested positive for methamphetamine, as well as eleven cell phones.

Both defendants were arrested on August 6, 2019.  Today a federal grand jury returned an indictment that charges both of them with three crimes: conspiring to distribute methamphetamine, possessing methamphetamine with intent to distribute, and maintaining a drug-involved premises.

"Oklahomans expect prison officials to enforce our laws, not to use their positions to introduce contraband such as drugs and cell phones," said U.S. Attorney Downing.  "I am pleased to work with state corrections officials to ensure Oklahoma’s prisons are free of this sort of corruption."

If found guilty of either of the first two charges, each defendant faces a maximum potential penalty of 40 years in prison and a fine of up to $5,000,000.  This crime carries a mandatory minimum sentence of five years in prison.  Each defendant would also be required to serve a term of supervised release of at least four years and up to life.  If found guilty of the third charge, each could be imprisoned up to 20 years and be subject to a fine of up to $500,000, in addition to three years of supervised release.

This case is a result of an investigation by the Oklahoma Department of Corrections—Security Threats Intelligence, the Oklahoma District Attorney’s Drug Task Force for District 2, and U.S. Homeland Security Investigations.  Assistant U.S. Attorneys Nicholas J. Patterson and Jason Harley are prosecuting the case.

The public is reminded that these charges are merely allegations and that each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – U.S. Attorney Timothy J. Downing will join law enforcement, community leaders, and residents on Tuesday, August 6, at the Warren Theater parking lot in Moore from 7:00 to 9:00 p.m. to celebrate National Night Out.

National Night Out is a community-building and crime-prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie.  Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime- and drug-prevention awareness and generate support for and participation in local anticrime efforts.  Events such as these help strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.

"For 36 years, National Night Out has rallied neighborhood residents, law enforcement, and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community.  I am proud to stand with my neighbors in Moore and cities and towns across the Western District of Oklahoma to support safer streets and drive out crime," said U.S. Attorney Downing.

National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.  Many, including the event in Moore, feature local vendors and demonstrations by local ambulance, fire, and police teams.

The City of Norman will also hold various neighborhood events on Tuesday in addition to its community-wide National Night Out event at the Norman Police Department, 201 West Gray Street, from 5:30 to 8:30.

 

 

OKLAHOMA CITY – ALANNA JEAN ORR, 50, of Oklahoma City, has pleaded guilty to felony murder in the second degree by child neglect in Indian Country, announced U.S. Attorney Timothy J. Downing.

According to an affidavit in support of a search warrant signed in Oklahoma County District Court on July 17, 2018, Orr was caring for her five-year-old grandson on June 21, 2018, when she went to the Kickapoo Casino in Harrah.  The affidavit explained that, according to surveillance video, Orr arrived at the casino at 1:23 p.m. and left at 7:28 p.m.  It was alleged that during this time, her grandson remained in the car.  The high temperature in Harrah that day was allegedly ninety degrees.

Approximately fifteen minutes after she left the casino, according to the affidavit, Orr called 911 and reported her grandson had choked and was not breathing.  The affidavit stated Harrah police officers met Orr at the Harrah Police Department and attempted to resuscitate the child but found that rigor mortis had already begun.

On April 17, 2019, a federal grand jury returned an indictment that charged Orr with second degree felony murder by child neglect in Indian Country.  In particular, it alleged Orr, who is a member of the Kickapoo Tribe, caused the death of a child by willfully failing to provide adequate shelter and supervision while she was responsible for the child’s health, safety, and welfare.  This crime is subject to federal jurisdiction because the defendant and victim are Indians and the offense took place on tribal trust land.

Today Orr pleaded guilty to the indictment.  During a hearing before U.S. District Judge Scott L. Palk, she admitted she caused her grandson’s death by leaving him unattended on a hot summer afternoon in the back seat of her car with no air conditioning.

Orr faces a maximum potential penalty of life in prison and a fine of $250,000.  She could also face up to five years of supervised release after any prison sentence.

This case is a result of an investigation by the Harrah Police Department, the Kickapoo Tribal Police Department, the Oklahoma District 23 Drug Task Force, the District Attorney’s Offices for Cleveland, Lincoln, and Pottawatomie Counties, and the FBI Oklahoma City Division.  Assistant U.S. Attorneys Mark R. Stoneman and Mary E. Walters are prosecuting the case, with assistance from Cleveland County Assistant District Attorney Pattye High.

Reference is made to public filings for more information.

OKLAHOMA CITY – JAROD BEACH BROOK, 37, and AARON TRACY COLLINS, 40, have been sentenced to 120 and 100 months respectively in federal prison for possessing ammunition and firearms after a felony conviction, announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma.

On September 18, 2018, a grand jury indicted both men for possessing both a pistol and a revolver in May 2018.  The indictment also charged Brook with the illegal possession of ammunition.  According to court filings, Brook was involved in a May 2018 burglary of a residence in Oklahoma City, in which eight firearms were stolen.  Brook and another burglar brought the firearms to Collins, who provided money and drugs in exchange for the firearms.  On May 21, 2018, after further investigation, the Oklahoma City Police Department executed a search warrant at Collins’s residence in southeast Oklahoma City, found two of the firearms stolen from the residence, and arrested Collins.  Two days later, officers arrested Brook at an apartment building in northwest Oklahoma City after he attempted to flee by jumping out of a window and onto a roof.  A U-Haul truck parked near the apartment building and associated with Brook contained a box for a pistol and ammunition.

Both men have been in the custody of the U.S. Marshals Service since November 2018.

Collins pleaded guilty on January 30, 2019, to being a felon in possession of firearms.  On May 31, U.S. District Judge David L. Russell sentenced him to 100 months in prison, followed by three years of supervised release.  On April 9, 2019, Brook pleaded guilty to possessing ammunition after a felony conviction.  Today, Judge Russell sentenced him to 120 months—ten years—in prison, followed by three years of supervised release.  The court took into account in both sentencings that Brook and Collins have prior state convictions for being felons in possession of firearms.

Prosecuted by Assistant U.S. Attorneys Nicholas J. Patterson, Edward J. Kumiega, Steven Creager, and Tom Snyder, this case is the result of an investigation by the Oklahoma City Police Department and U.S. Homeland Security Investigations.  It is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions.  As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.  For more information, visit https://www.justice.gov/psn.

Reference is made to public filings for further information.

OKLAHOMA CITY – A federal jury has convicted GERMAINE COULTER, SR., 46, of Oklahoma City, of child sex trafficking and conspiracy to commit child sex trafficking, announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma.

On November 13, 2018, a grand jury returned a three-count superseding indictment against Coulter, a/k/a "Slim."  Count One charged him with a child-sex-trafficking conspiracy in which he offered high school girls for commercial sex.  Counts Two and Three charged him with substantive offenses of trafficking girls identified as Jane Doe 1 and Jane Doe 3.

At a trial that began on July 15 before Chief U.S. District Judge Timothy D. DeGiusti, a federal jury heard testimony that in January and February 2018, Coulter recruited females under the age of 18 to perform commercial sex work.  Coulter told one girl she needed to make $1,000 per day, all of which would go to him, and, if she was successful, he would buy her a car, get her an apartment, and get her business cards after she turned 18.  He directed his victims to call him "Daddy."  Working with co-conspirator ELIZABETH ANDRADE, 36, of Edmond, he sent photos of one underage girl to prospective customers.  The jury heard that Andrade began taking one of the girls with her on commercial sex appointments, where the girl performed sex acts for money.  Between January 27, 2018, and February 19, 2018, Coulter and Andrade trained and directed the girl how to interact and perform sex acts with customers and how to convince her mother to let her stay with them.

The jury convicted Coulter yesterday on Counts One and Two.  It was unable to reach a unanimous verdict on Count Three.

Andrade, a/k/a "Beth," "Bobbi Monroe," "Tiffany," and "Porsche," already stands convicted of conspiracy to commit child sex trafficking.  On July 19, 2018, she pleaded guilty to a one-count superseding information.  Both Coulter and Andrade have been in the custody of the U.S. Marshals Service since June 2018.

At sentencing, Coulter faces up to life imprisonment on the conspiracy conviction.  In addition to leading to potential life imprisonment, Count Two also triggers a mandatory minimum sentence of ten years.  Coulter also faces supervised release after incarceration of at least five years and up to life, in addition to fines of up to $250,000 per count, mandatory restitution, and a $5,100 special assessment on each count.  Sentencing will take place in approximately 90 days.

This case is the result of an investigation by the FBI Oklahoma City Division and the Oklahoma City Police Department, with assistance from the Oklahoma County District Attorney’s Office.  Assistant U.S. Attorneys K. McKenzie Anderson and Jessica Perry are prosecuting the case.

Reference is made to court filings for further information.

OKLAHOMA CITY – FELIPE GUTIERREZ, 48, was sentenced today to twelve months in prison for making a false statement to the United States Department of Labor ("DOL") about his employment of Mexican workers, announced United States Attorney Timothy J. Downing.

According to an Information filed February 12, 2019, Mr. Gutierrez, who owns and operates Felipe’s Lawn Care—a local lawn care company in Oklahoma City—falsely represented to the DOL that he had not sought or received any payment from his employees in connection with obtaining certification for their employment from the DOL.  Mr. Gutierrez pleaded guilty at a March 18 hearing, at which he admitted he submitted an H-2B Application for Temporary Employment Certification to the DOL in order to obtain permission to hire workers from Mexico.  The application required Mr. Gutierrez to certify that he had not sought or received any payment of any kind from these prospective workers.  He stated on the form that he had not, when in fact he had demanded and received payment from them.

At a sentencing hearing this morning, U.S. District Judge Robin J. Cauthron heard testimony describing some of the methods that Mr. Gutierrez used to ensure he received these illegal payments, including his participation in an assault upon one employee that caused serious bodily injury.  Judge Cauthron sentenced Mr. Gutierrez to twelve months in prison, to be followed by three years of supervised release.  The court also ordered him to pay $74,800 in restitution to the Mexican workers from whom he procured these illegal fees.

This case was the result of an investigation by the FBI Oklahoma City Division and was prosecuted by Assistant U.S. Attorney Julia E. Barry.

Reference is made to court records for further information.

OKLAHOMA CITY – JAMES BRYAN BARNES, 53, of Norman, has been convicted by a jury of embezzlement of postal funds, theft of government money, and making false postal record entries, announced United States Attorney Timothy J. Downing.

According to a second superseding indictment, Barnes was the lead Sales and Service Associate at the Midwest City Branch Post Office when he conducted a scheme to steal postal funds by taking cash for stamps without properly accounting for the sales.  He was charged with one count of embezzlement of postal funds in excess of $1,000, one count of theft of government money in excess of $1,000, and four counts of making false entries in the U.S. Postal Service’s records.

Today, a jury convicted Barnes on those six counts.  The jury heard that Barnes made false record entries into his cash register at least 178 times from October 2015 through June 2018 and took almost $3,000 belonging to the Postal Service.

At sentencing, Barnes faces up to ten years in prison on each of the six counts of conviction, in addition to a fine of up to $250,000 per count.  He will also be subject to up to three years of supervised release after imprisonment.  Sentencing will take place in approximately ninety days.

These charges are the result of an investigation by the U.S. Postal Service—Office of Inspector General.  The case is being prosecuted by Assistant U.S. Attorneys William E. Farrior and Nick M. Coffey.

OKLAHOMA CITY — The U.S. Department of Justice announced today a new tool giving tribal governments the ability to input data directly and gain access to the FBI’s National Sex Offender Registry ("NSOR") using the Tribe and Territory Sex Offender Registry System ("TTSORS").  The system connection will be available to all tribal governments already participating in the Tribal Access Program ("TAP"), which allows information sharing between tribal and federal government criminal information systems.

TTSORS is a no-cost registry system provided by the Justice Department’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking ("SMART").  The Department’s Office of the Chief Information Officer ("OCIO") developed the connections that allow tribes to submit new and updated sex offender information directly from TTSORS to NSOR. 

"The Department of Justice is dedicated to addressing the public safety crisis in American Indian and Alaska Native communities, including the high rates of sexual violence against women and children," said Attorney General William P. Barr.  "Providing a direct connection to the FBI National Sex Offender Registry gives tribal law enforcement the information they need to investigate and prevent these heinous offenses."

American Indian and Alaska Native people suffer persistently high rates of victimization, including from sexual assault.  According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner.  In June, the Department extended a deadline for tribes to apply for up to $167 million in federal funds through August 16, 2019, to support crime victims throughout Indian country.

The Sex Offender Registration and Notification Act ("SORNA"), Title I of the Adam Walsh Child Protection and Safety Act of 2006, requires that, when an offender initially registers or updates his or her information in a jurisdiction, that the state, tribe, territory, or the District of Columbia, must submit immediately the information to NSOR as well as other jurisdictions where the offender has to register.  TTSORS is a fully functioning registry system that complies with SORNA requirements.  TTSORS was created to assist the Indian tribes that have elected to implement SORNA.

Since 2015, the SMART Office, OCIO, the FBI, the Office of Tribal Justice, Community Oriented Policing Services and the Office for Victims of Crime, have worked together to develop the Tribal Access Program to provide tribes direct access to national crime information systems for both criminal and non-criminal justice purposes.  This includes the ability to enter NSOR data directly and enhance the capacity to collect and submit fingerprints and palm prints to the FBI.  TAP has been instrumental in assisting tribes with ongoing implementation of SORNA.  In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of 72 participating tribes.

OKLAHOMA CITY – A federal grand jury has returned an indictment charging CHRISTINA NELSON-CODDINGTON, 29, and GERRAD CODDINGTON, 25, both of Pauls Valley, with producing child pornography, announced United States Attorney Timothy J. Downing.

According to a six-count indictment, both defendants used a minor identified as Jane Doe to engage in sexually explicit conduct to produce a video and photographs.  The indictment alleges the defendants produced the video and photographs on various dates in May and June of 2019 and used materials that had been transported in interstate commerce.

Both defendants were arrested on June 14 on related charges lodged by the Oklahoma Attorney General’s Office.  They are currently in custody in the Garvin County jail on $5 million bonds. 

"I’m grateful both for the tip that led to this prosecution and for Attorney General Hunter’s diligence in addressing these sorts of crimes against children," said U.S. Attorney Downing.  "My office will continue to work with state law enforcement under laws enacted by Congress to eliminate child pornography and the harm it causes our youngest citizens."

In the event of a conviction, each count would carry a mandatory minimum sentence of 15 years in prison and a maximum of 30 years, in addition to a fine of up to $250,000.  These charges also call for a term of supervised release of not less than five years and up to life and a total special assessment of $55,100.

This case is the result of a tip sent to the Oklahoma Internet Crimes Against Children Task Force and an investigation by the Oklahoma Attorney General’s Office, U.S. Homeland Security Investigations, and the Pauls Valley Police Department.  This federal case is being prosecuted by Assistant U.S. Attorney Brandon Hale.

The public is reminded that these charges are merely allegations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

Oklahoma City – PAE Applied Technologies, LLC, has agreed to pay $4,200,000 to settle civil claims stemming from allegations that it submitted false claims to the United States Air Force, announced Timothy J. Downing, United States Attorney for the Western District of Oklahoma.

PAE is a Delaware limited liability company that provided services to the Air Force under an Aircraft Maintenance, Airfield Management, Aircrew Life Support and Base Operating Support contract.  The services were provided at the Vance Air Force Base, which is located in Enid, Oklahoma.  The United States alleges that for government fiscal years 2009-2014, PAE knowingly submitted false claims to the Air Force for employee wages under the Contract.  More specifically, PAE submitted false claims for wage rates above the applicable wage caps.  The case also included allegations that PAE would not have received award fees under the Contract if PAE had disclosed billing the United States for wages that exceeded the wage caps. 

This settlement resolves the allegations filed in a lawsuit by a whistleblower who formerly worked for PAE.  The lawsuit was filed in federal district court in Oklahoma City under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the United States for false claims and to share in the recovery.  The Act also allows the government to intervene in the lawsuit.  In this case, the government intervened in the action and resolved all the allegations by this settlement.

In reaching this settlement, PAE did not admit its liability, and the United States did not concede that its claims lack merit.  The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty of litigating the case.

This case was investigated by the Defense Criminal Investigative Service, Air Force Office of Special Investigations, and Defense Contract Audit Agency.  It was prosecuted by Assistant U.S. Attorneys Ronald R. Gallegos and Scott Maule.

OKLAHOMA CITY – JOEL MATTHEW EILERTS, 40, of San Diego, California, has been sentenced to 21 months in federal prison for defrauding his former employer, SandRidge Energy, Inc., announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma.

On October 25, 2017, Eilerts pleaded guilty to a two-count information that charged conspiracy to commit wire fraud and honest services wire fraud.  According to the information, Eilerts worked in SandRidge’s land department from 2009 to 2014.  He held the positions of Senior Landman and Land Supervisor before eventually being promoted to Land Manager, a position that made him the highest-ranking employee in SandRidge’s land department overseeing its Oklahoma operations.  His position at SandRidge gave him access to confidential information regarding areas where SandRidge hoped to obtain oil and gas leases, including information regarding how much SandRidge was willing to pay in lease bonuses and royalties.  He also had authority to hire third-party land brokers to acquire oil and gas leases on behalf of the company.

The information explains Eilerts hired Robert S. Kerr IV of R.S.K. Land and Energy Resources, LLC, and Brian Eischeid of Keystone Land & Minerals, LLC, as third-party brokers to obtain leases on behalf of SandRidge.  Rather than paying Kerr and Eischeid a day rate for their services, Eilerts told them the maximum amount SandRidge would pay for a particular mineral interest, and tasked Kerr and Eischeid with securing the lease for less.  If Kerr and Eischeid were able to secure a lease for less than SandRidge was willing to pay, they were able to keep the difference as profit.  However, Eilerts required Kerr and Eischeid to pay him 1/3 of their profit as a kickback.  In total, Eilerts was paid at least $345,000 in kickbacks as part of this scheme.

In addition, the information explains two instances in which Eilerts directed Kerr and Eischeid to obtain leases—one in Alfalfa County and one in Garfield County—in which the purported lessor turned out not to own the leased minerals.  Nevertheless, SandRidge issued checks to Eischeid’s company, Keystone Land & Minerals, in the amount of $208,000 to fund the lease bonuses to the lessors.  When Eilerts, Kerr, and Eischeid ultimately discovered that the purported lessors did not own title to the leased minerals, they did not return the $208,000 to SandRidge.  Instead, at Eilerts’s direction, and without SandRidge’s authorization, they decided to keep the money and split it among themselves.  Eilerts himself retained $148,000 in this scheme.

On June 20, 2019, U.S. District Judge Robin J. Cauthron sentenced Eilerts to 21 months in prison.  He was also ordered to pay $493,707.59 in restitution to SandRidge.  After release from prison, he will serve two years on supervised release.  During the first year of supervised release, he is required to complete 104 hours of community service.  Eilerts is required to report to the Federal Bureau of Prisons to begin his term of imprisonment by September 3, 2019.

In related cases, Kerr pleaded guilty on November 9, 2017, to a one-count information that charged conspiracy to commit wire fraud.  Kerr will be sentenced on July 22, 2019.  Eischeid pleaded guilty on April 8, 2019, to one count of misprision of a felony.  Eischeid is scheduled to be sentenced on July 9, 2019. 

These cases are the result of an investigation by the FBI Oklahoma City Division.  They were prosecuted by Assistant U.S. Attorneys Jessica L. Perry and Kerry A. Kelly. 

Reference is made to public filings for further information.

OKLAHOMA CITY – Two Assistant United States Attorneys have been named Prosecutors of the Year by the Oklahoma Gang Investigators Association (OGIA), announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma, and Trent Shores, U.S. Attorney for the Northern District of Oklahoma. The recipients were announced at the OGIA’s 23rd Annual Gang Conference on June 18th in Tulsa.

Assistant U.S. Attorneys Nicholas J. Patterson and Dennis Fries were recognized for their extensive prosecutorial work involving members and associates of the Universal Aryan Brotherhood (UAB), a "whites only" prison-based gang with members operating inside and outside of state prisons throughout Oklahoma.  Investigations in the Western and Northern Districts of Oklahoma have resulted in the federal prosecution of dozens of UAB members.  Patterson’s and Fries’s efforts demonstrate unwavering commitment to the safety of communities throughout Oklahoma and the administration of justice.

"AUSA Patterson has served the people of Oklahoma well by establishing a strong working relationship with federal, state, and local law enforcement and by prosecuting violent UAB members vigorously," said U.S. Attorney Downing.  "My office will continue to bring criminal cases with hefty sentences against violent gang members to make our entire district safer."

"I am pleased to see Assistant U.S. Attorney Dennis Fries recognized for his exemplary work prosecuting gang cases," said U.S. Attorney Trent Shores. "From prosecuting white supremacist prison gangs to violent street gangs and international drug trafficking organizations, Dennis has proven himself to be a dedicated public servant and stalwart advocate for justice. We are proud of his efforts to keep Oklahomans safe from organized crime."

In the Western District of Oklahoma, Patterson has led the successful prosecution of more than 20 UAB members and associates, many of whom had lengthy histories of violent crime.  Three of these cases involved guilty verdicts after jury trials.  Patterson’s UAB cases have generally involved the illegal possession of firearms and drug distribution; they have resulted in the seizure of more than 70 firearms, including machine guns and silencers, as well as large quantities of methamphetamine and heroin.  In just the past two weeks, for example, Patterson’s work has involved the seizure of approximately four kilograms of methamphetamine.  In addition to charging defendants in the Oklahoma City metropolitan area, Patterson has contributed to community safety in more rural areas by charging UAB defendants in, for example, Woodward, Beckham, and Garfield Counties.

In the Northern District of Oklahoma, Fries indicted 18 key members and associates of the UAB for their roles in operating and supporting a racketeering enterprise. The indictment, unsealed in February 2019, alleged that the UAB committed nine overt acts of murder, kidnapping, the trafficking of methamphetamine and firearms, money laundering, assault, and robbery as part of their racketeering enterprise. While in prison, members of the gang’s main council are alleged to have used contraband cell phones to communicate their orders and further their enterprise. Fries worked extensively with investigators from Homeland Security Investigations and IRS-Criminal Investigations to navigate the complex and considerable processes associated with developing a racketeering prosecution. The lengthy investigation into the UAB’s operations began in 2012, but evidence gathered dates as far back as 2006.

All of these cases are part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions.  As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.  For more information, visit https://www.justice.gov/psn.

The Oklahoma Gang Investigators Association was established more than 20 years ago. OGIA has taken the lead in gang training around the state. The association is led by federal, state, and local law enforcement gang experts and educates law enforcement as well community groups on the nature and operations of gangs. The group is also involved in charitable donations to gang intervention and prevention organizations.

OKLAHOMA CITY – Four defendants have been sentenced for their roles in a steroid-distribution and money-laundering ring, announced U.S. Attorney Timothy J. Downing.  CHRISTOPHER THOMAS CAPLINGER, 56, of Edmond, Oklahoma; DONALD RAY VINCENT, JR., 55, of Edmond; DEBORAH ANN CRAWFORD, 48, of Oklahoma City; and MICHAEL BRANDON SCHOTT, 36, of Newport News, Virginia, were sentenced between April 23 and June 17, 2019, to a total of 16 years in prison, in addition to forfeiture of a total of $387,216 seized during the investigation and a total of $840,000 in money judgments.

On March 20, 2018, a federal grand jury returned a 23-count indictment against all four defendants.  In addition to allegations of illegally conspiring to distribute anabolic steroids, a Schedule III controlled substance, the indictment charged distribution of steroids to an undercover officer, manufacturing of steroids, maintaining a drug-involved premises, a conspiracy to commit money laundering, and international money laundering.  According to the indictment, Caplinger, Vincent, and Crawford concealed the proceeds of their illegal activity by depositing money into bank accounts in the names of third parties and storing bulk cash at residences, including approximately $250,000 buried in Caplinger’s back yard.  The indictment alleged that from April 2015 until November 2017, Caplinger rented space at 8201 North Classen Boulevard in Oklahoma City for the purpose of manufacturing and distributing steroids.  It also alleged that Caplinger and Crawford transferred funds to China to conceal their crimes.

All four defendants pleaded guilty during the fall of 2018.  Caplinger and Vincent admitted they manufactured anabolic steroids and conspired to launder the proceeds.  Crawford pleaded guilty to the money-laundering conspiracy, and Schott admitted to conspiring to distribute anabolic steroids.

On June 17, 2019, U.S. District Judge Scott L. Palk sentenced Caplinger to nine years—108 months—in prison, to be followed by two years of supervised release.  In addition, Caplinger was ordered to forfeit $287,743 seized by law enforcement and to pay a $740,000 money judgment that reflects additional proceeds from this illegal activity.  Caplinger was taken into custody to begin immediate service of his sentence.

The remaining three defendants have also been sentenced.  On April 23, 2019, Vincent was ordered to serve 36 months’ imprisonment and two years’ supervised release.  In addition, Vincent was ordered to forfeit $99,473 seized by law enforcement and to pay a $100,000 money judgment that reflects additional proceeds, distinct from Caplinger’s proceeds, he earned in this illegal activity.  On April 24, 2019, Schott was sentenced to 18 months’ imprisonment and three years’ supervised release, while Crawford was sentenced on May 29, 2019, to 30 months’ imprisonment and three years’ supervised release.

These convictions are the result of an investigation by the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Internal Revenue Service—Criminal Investigations, and the U.S. Postal Inspection Service.  Assistant U.S. Attorneys Kerry Blackburn and David McCrary prosecuted the case.

Reference is made to public filings for further information.

OKLAHOMA CITY – A federal grand jury has returned an indictment charging PATRICK LEE AMADORE TRAVIS, 25, and MIRANDA NICHOLE RHYNARD, 26, both of Ponca City, with illegal distribution of steroids, announced United States Attorney Timothy J. Downing.

According to the indictment, Travis and Rhynard conspired to distribute anabolic steroids, which are Schedule III controlled substances, from March 2018 until November 1, 2018.  The charges also include unlawful importation of pharmaceuticals with a counterfeit Viagra trademark, manufacturing anabolic steroids, trafficking in counterfeit goods, and possession of anabolic steroids with intent to distribute.  In addition, Travis is charged with possessing a Kel-Tec PMR-30 pistol in furtherance of anabolic steroid trafficking.

An affidavit in support of a search warrant issued on June 11, 2019, alleges that Travis and Rhynard own an internet-based company called Swolescriptz Research Lab and Swole-RX.  According to the affidavit, investigators found three pill presses, bags of powder from China, and a firearm in a cargo trailer when they visited the defendants’ Ponca City property on November 1, 2018.  The affidavit states laboratory tests have confirmed the presence of anabolic steroids.

The affidavit further reports the defendants continued operating their business after the November 2018 visit from investigators.  During this time, they allegedly offered for sale substances they claimed would cause "increase in muscle mass," although they included a disclaimer that "[a]ll products listed on this website are for research purposes only and are not for human consumption."

Travis and Rhynard were arrested in Ponca City on the morning of June 11 and appeared for arraignment in Oklahoma City that afternoon.  Rhynard was released subject to conditions pending trial.  Travis has been temporarily detained in advance of a detention hearing scheduled for June 14.

If convicted of conspiracy, manufacturing anabolic steroids, or possession of anabolic steroids with intent to distribute, both defendants could be imprisoned for ten years on each count and be subject to a fine of $500,000 per count.  These charges also call for a term of supervised release of not less than two years and up to life.  Trafficking in counterfeit goods could carry a prison term of twenty years and a $5,000,000 fine.  Unlawful importation could result in a prison term of twenty years and a fine of $250,000.  Finally, a conviction on the gun count against Travis would trigger a five-year mandatory minimum sentence, consecutive to any other imprisonment imposed.

This case is the result of an investigation by the Drug Enforcement Administration and the 8th District Attorney’s Drug and Major Crime Unit, with assistance from the Ponca City Police Department and U.S. Homeland Security Investigations.  The case is being prosecuted by Assistant U.S. Attorney Matthew P. Anderson.

The public is reminded that these charges are merely allegations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

 

OKLAHOMA CITY – JAYLYN MARQUICE BELL, 23, has pleaded guilty to sexually exploiting a minor, announced United States Attorney Timothy J. Downing.

On February 19, 2019, a federal grand jury returned a superseding indictment that charged Bell with using a minor female born in 2000 to engage in sexually explicit conduct for the purpose of producing an iPhone video.  Bell was arrested at an Oklahoma City motel on November 16, 2018, and has been in the custody of the U.S. Marshals Service since January 2019.

Bell pleaded guilty earlier today, immediately before U.S. District Judge Charles B. Goodwin empaneled a jury for his trial.  Bell admitted to recording himself engaging in sexually explicit conduct with a minor female. 

At sentencing, Bell faces a mandatory minimum of 15 years in prison.  The government has agreed in a plea agreement not to advocate for more than 20 years.  He could also be required to serve three years of supervised release and fined up to $250,000.  At sentencing, which will take place in approximately 90 days, the court will consider all of Bell’s relevant conduct under the United States Sentencing Guidelines.

This case is the result of an investigation by the FBI Oklahoma City Division, the Oklahoma City Police Department, and the Oklahoma Bureau of Narcotics & Dangerous Drugs.  Assistant U.S. Attorneys K. McKenzie Anderson and Jacquelyn M. Hutzell are prosecuting the case.

This case is also part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section of the Department of Justice, 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.

Reference is made to public filings for further information.

OKLAHOMA CITY – Attorney General William P. Barr today announced the formation of a Domestic Violence Working Group focused on using the tools of federal prosecution to prevent domestic violence by keeping guns out of the hands of convicted domestic abusers and those subject to a victim protective order.  The group will operate under the auspices of the Attorney General's Advisory Committee and be comprised of nine U.S. Attorneys across the country, including Western District of Oklahoma U.S. Attorney Timothy J. Downing.

"Too often, domestic abusers start with threats and abuse, and end up committing extreme violence and even homicide, with devastating impact on families and the community around them," said Attorney General Barr.  "I have directed this working group to examine this issue and determine the best way to use federal gun prosecutions and other appropriate tools to supplement state, local and tribal efforts to address domestic violence."

"Operation 922" is the Western District of Oklahoma's violent crime initiative targeting firearms defendants who have engaged in domestic violence.  Since this program began in March 2018, the U.S. Attorney's Office has brought charges in 55 separate domestic-violence-derived cases.  To date, 48 defendants have pleaded or been found guilty.  Of those, 25 have been sentenced to a collective total of 2,415 months in federal prison.  Two more "Operation 922" defendants are scheduled to be sentenced in June.

"'Operation 922' has served as a blueprint for using federal firearms prosecutions to protect victims of domestic violence," said U.S. Attorney Downing.  "For the sake of those victimized by violent spouses and intimate partners, I am proud to be able to share our experience with the Attorney General's Advisory Committee."

Federal law has long barred convicted felons, as well as individuals subject to certain domestic violence protective orders or convicted of domestic violence misdemeanors, from possessing firearms.  Offenders with domestic violence in their past pose a remarkably high risk of homicide. Research shows that abusers with a gun in the home are five times more likely to kill their partners than abusers who don't have that same access to a firearm.  According to one recent study, more than half of America's mass shootings are cases of extreme domestic violence.  Keeping guns from domestic abusers legally prohibited from possessing them would significantly reduce violence in America, a major priority of the Justice Department.

However, federal gun cases involving domestic violence present unique challenges.  In some states, the federal and state definitions of domestic violence differ, requiring complex legal analysis that varies based on the location of conviction.  U.S. Attorneys' offices have worked tirelessly over the years to address these legal challenges with tremendous success.  The Working Group will share best practices, legal analysis, and guidance on prosecuting abusers who unlawfully possess guns.  It will also advise U.S. Attorneys across the country on outreach to local law enforcement, judges, and nonprofit groups.

Working Group members are:

• Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania
• Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky
• Nicola T. Hanna, U.S. Attorney for the Central District of California  
• Justin E. Herdman, U.S. Attorney for the Northern District of Ohio
• Erin Nealy Cox (chair), U.S. Attorney for the Northern District of Texas
• Christina E. Nolan, U.S. Attorney for the District of Vermont
• Byung J. Pak, U.S. Attorney for the Northern District of Georgia
• R. Trent Shores, U.S. Attorney for the Northern District of Oklahoma
• Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma

OKLAHOMA CITY – ARTIE DUSTIN POPE, 28, of Moore, has been sentenced to 292 months in federal prison for conspiring to distribute methamphetamine and possessing a firearm as part of that drug trafficking, announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma.

A federal grand jury returned a four-count indictment against Artie Dustin Pope and SKYLA RAE POPE, 27, also of Moore, on March 7, 2018.  Both defendants were charged with conspiracy and possession of methamphetamine with intent to distribute.  Artie Dustin Pope was also charged with being a felon in possession of a firearm and possessing a firearm in furtherance of a drug trafficking crime.  According to an affidavit in support of a search warrant filed in Cleveland County District Court, law enforcement learned in January 2018 that Pope was planning to transport as much as 100 pounds of methamphetamine from Kansas to the Oklahoma City area.  According to court records, agents found approximately 45 pounds of methamphetamine, ten pounds of marijuana, and several firearms in his residence after his arrest.

Both defendants pleaded guilty on May 22, 2018.  Artie Dustin Pope admitted he conspired to distribute drugs and possessed a firearm to facilitate drug trafficking.  Skyla Rae Pope admitted she participated in the conspiracy.

On June 10, 2019, U.S. District Judge Robin J. Cauthron sentenced Artie Dustin Pope to 292 months in prison, which is more than 24 years.  After release from prison, he will serve five years on supervised release.  On May 23, 2019, the court sentenced Skyla Rae Pope to ten years in prison, to be followed by five years of supervised release.  The defendants also forfeited a 2006 Ford F-150 pickup, a revolver, and two shotguns.

Prosecuted by Assistant U.S. Attorney David P. Petermann, this case is the result of an investigation by the Drug Enforcement Administration, the Oklahoma District 21 Drug Task Force, the Oklahoma Highway Patrol, and the Norman Police Department.  It is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions.  As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.  For more information, visit https://www.justice.gov/psn.

Reference is made to public filings for further information.

OKLAHOMA CITY – STEVEN MARIO ALFORD ORECCHIO, 46, of Ponca City, has been sentenced to forty years in federal prison for distributing on the Internet videos of his own graphic sexual abuse of minors, announced United States Attorney Timothy J. Downing.

On August 21, 2018, a federal grand jury brought three counts against Orecchio based on conduct between February 2013 and November 2016.  Counts 1 and 2 charged him with producing and distributing child pornography photographs and videos of a minor identified as Jane Doe #1.  Count 3 charged him with producing and distributing a child pornography video of a minor identified as Jane Doe #2.  As stated during court proceedings, Orecchio distributed these images to others on the "Dark Web."

The U.S. Marshals Service took custody of Orecchio on September 10, 2018, when he left state custody based on state charges in Kay County arising from the same conduct.

Orecchio pleaded guilty to Counts 2 and 3 on November 28, 2018.  Pursuant to a plea agreement, the government has dismissed Count 1.

Today, U.S. District Judge David L. Russell sentenced Orecchio to 480 months, or 40 years, in prison.  The court explained it fashioned the sentence so that Orecchio would be in his eighties when released. Although federal prisoners can earn limited credits for good behavior, parole has been abolished in the federal system.  After release from prison, Orecchio will serve any remaining years of his life on supervised release and be required to register as a sex offender.

"The innocence stolen from these children through unspeakable acts can never be restored," said U.S. Attorney Downing.  "This conviction and sentence will not only hold Mr. Orecchio accountable for his crimes, it will also ensure that he will never again victimize another child.  I am committed to working with our state partners to keep defendants like this one away from children and to seek sentences that will deter others from harming children in such an egregious way."

This case is the result of an investigation by the Oklahoma State Bureau of Investigation’s Internet Crimes Against Children Task Force, which includes agents and officers from Homeland Security Investigations, the Oklahoma Attorney General’s Office, the Ponca City Police Department, and the Tulsa Police Department, with the assistance from Brian Hermanson, District Attorney for Kay and Noble Counties, as well as law enforcement officers in New Zealand and Australia.  It was prosecuted by Assistant U.S. Attorney Brandon Hale.

This case is also part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section of the Department of Justice, 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.

Reference is made to public filings for further information.

OKLAHOMA CITY – ANTHONY WHITTLEY, 28, of Parsons, Kansas, and JASMINE BOONE, a/k/a Jasmine Thomas, 28, of Wister, Oklahoma, have pleaded guilty to cattle rustling, announced United States Attorney Timothy J. Downing.

On March 19, 2019, a federal grand jury returned a two-count indictment that charged Whittley and Boone with transporting seventeen stolen cattle in interstate commerce on December 11, 2018, by moving them from Cherokee County, Kansas, to the Oklahoma National Stockyards Company in Oklahoma City.

Agents arrested the pair when the sale was complete.  They have been in the custody of the U.S. Marshals Service since early April.

On June 5, both Whittley and Boone pleaded guilty to transporting cattle in interstate commerce.  They acknowledged in a written plea agreement that they committed similar thefts in Crawford County, Kansas, and LeFlore County, Oklahoma, in the second half of 2018.  They admitted they sold these cattle in Tulsa and Springfield, Missouri, respectively.  They also admitted they sold cattle stolen in Cherokee County, Kansas, in Siloam Springs, Arkansas.

Whittley has agreed to pay more than $43,000 in restitution, including more than $15,000 to the Farm Service Agency, part of the U.S. Department of Agriculture, for the sale of mortgaged cattle without the lender’s authorization.  Boone has agreed to pay more than $28,000 in restitution.

Each defendant could be sentenced to a maximum of five years in prison, in addition to three years of supervised release, and fined up to $250,000.  Sentencing will take place in approximately 90 days.

This case is the result of an investigation by the Major Theft Task Force of the FBI Oklahoma City Division; the Oklahoma Department of Agriculture; the Missouri Highway Patrol; the Kansas Attorney General’s Office; the County Attorney’s Offices and Sheriff’s Offices in Cherokee County and Crawford County, Kansas; and the District Attorney’s Office of LeFlore County, Oklahoma.  Assistant U.S. Attorney Edward J. Kumiega is prosecuting the case.

Reference is made to public filings for further information.

OKLAHOMA CITY – PHILIP JAMES HEATH, 51, of Lawton, has pleaded guilty to being a felon in possession of both explosives and firearms, announced Timothy J. Downing, United States Attorney for the Western District of Oklahoma.

On February 4, 2019, Heath was charged by complaint with possession of firearms after a felony conviction.  According to an affidavit executed by a special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, on the morning of January 30, 2019, officers of the Lawton Police Department responded to a 911 call regarding a domestic disturbance at an apartment.  The woman who made the call allegedly told the dispatcher Heath had pointed a gun at her and threatened her.  The complaint explained that after the responding officers detained Heath, they saw the buttstock of a rifle in plain view, sticking out from between a mattress and box springs.  It was alleged they ultimately discovered three pistols and two rifles.  Because of items discovered in the apartment, numerous FBI personnel responded immediately to assess and mitigate any threat and to ensure public safety.

On April 3, a federal grand jury returned a two-count indictment that alleged not only illegal possession of firearms, but also illegal possession of explosives, which under the relevant criminal statute includes detonating cord.  The indictment sought forfeiture of five firearms, 1,404 rounds of various kinds of ammunition, and two lengths of detonating cord.

Today Heath pleaded guilty to both counts.  At sentencing, which will take place in approximately ninety days, he faces a potential penalty on each count of ten years in prison, a fine of $250,000, and three years of supervised release.

Heath has been in the custody of the U.S. Marshals Service since early March.

This case is a result of an investigation by the Lawton Police Department, the Oklahoma Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the FBI Oklahoma City Division.  Prosecuted by Assistant U.S. Attorneys Brandon Hale and Travis D. Smith, the case is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions.  As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.

Reference is made to public filings for more information.

Oklahoma City – COMANCHE COUNTY MEMORIAL HOSPITAL; SCOTT MICHENER, M.D.; MICHAEL RAMOS, M.D.; and ERNESTINE OLSON, A.P.R.N., have agreed to pay a combined $155,000 to settle civil penalty claims stemming from allegations they violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Timothy J. Downing.

Michener, Ramos, and Olson are medical providers who worked in clinics affiliated with Comanche County Memorial Hospital in Lawton, Oklahoma.  The United States alleges that from October 10, 2016, to October 19, 2018, the hospital and the individual providers did not maintain proper records related to orders of testosterone filled by the hospital and requested by Michener, Ramos, and Olson.  The hospital’s purchase and delivery records did not contain the required names, addresses, and DEA registration numbers of the individual providers to whom the controlled substances were distributed, and the purchase and delivery records maintained by the individual providers did not contain the required names, addresses, and DEA registration numbers of the supplier or the actual date of receipt.

To resolve these allegations, the hospital agreed to pay $70,000, Michener and Ramos each agreed to pay $35,000, and Olson agreed to pay $15,000 to the United States.

In reaching this settlement, the hospital and the individual providers did not admit liability, and the government did not make any concessions about the legitimacy of the claims.  The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.

This case was investigated by the Drug Enforcement Administration, Office of Diversion Investigation.  Assistant U.S. Attorneys Ronald R. Gallegos and Amanda R. Johnson prosecuted the case.

OKLAHOMA CITY – Timothy J. Downing has taken the oath of office as United States Attorney for the Western District of Oklahoma.  Chief U.S. District Judge Joe Heaton administered the oath this morning in chambers so Mr. Downing could take up his duties immediately.  A formal investiture will be announced at a later date.

President Trump nominated Mr. Downing as U.S. Attorney on March 5.  After passing through the Senate Judiciary Committee on May 9, the full Senate confirmed him by voice vote on May 23.  The President signed his commission yesterday.

As the United States Attorney, Mr. Downing is the chief federal law enforcement officer responsible for all federal criminal prosecutions and civil litigation involving the United States in the Western District of Oklahoma, which the largest of three judicial districts in Oklahoma and includes 40 of the state’s 77 counties. 

Prior to his appointment as United States Attorney, Mr. Downing served as Counselor to the Oklahoma Secretary of State.  From 2016 to 2018, he served in the Oklahoma House of Representatives, where he was an Assistant Majority Floor Leader, an Assistant Majority Whip, and Vice-Chair of the Judiciary Committee.  From 2011 to 2016, Mr. Downing was an Assistant Attorney General for Oklahoma, where he represented the State of Oklahoma in criminal appeals, was a member of the Opinion Conference, and was Director of Legislative Affairs.  Since 2011, Mr. Downing has also served as a Judge Advocate in the United States Army Reserve.  From 2013 to 2014, he served in this capacity as a Special Assistant United States Attorney at Fort Hood, Texas, working with the United States Attorney’s Office for the Western District of Texas. 

Mr. Downing received his Juris Doctor from Regent University School of Law, his Master of Management from Oral Roberts University, and his B.A. in Public Affairs and Administration from the University of Oklahoma.

Mr. Downing takes the reins from First Assistant U.S. Attorney Robert J. Troester, who led the office as Acting U.S. Attorney from February to August of 2018 and continued to run the office after August 2018 with the title of First Assistant.  Mr. Troester will continue to have an important leadership role under Mr. Downing.

"Ensuring public safety and the fair and impartial administration of justice are sacred duties," said U.S. Attorney Downing.  "It is an honor to join the team of exceptional men and women serving in the Western District of Oklahoma."

OKLAHOMA CITY – A federal grand jury has returned an indictment charging TANNER BLAKE JENSEN, 28, and RODNEY TYRONE FAHS, 26, both of Ponca City, in connection with an armed robbery of the Yale Drug Store, announced First Assistant U.S. Attorney Robert J. Troester.  According to court records, on December 26, 2018, Jensen entered the Yale Drug Store in Yale, Oklahoma, where he brandished a firearm in the presence of a customer and two employees during a robbery.  Both defendants are alleged to have been involved in stealing opioids, which are controlled substances, from the drug store.

The indictment alleges in Count 1 that the defendants unlawfully interfered with commerce by robbery under the Hobbs Act.  In Count 2, Jensen is charged with brandishing a firearm in relation to a crime of violence.  If found guilty on Count 1, each defendant faces up to 20 years in prison, a fine of up to $250,000, and up to three years of supervised release.  If found guilty on Count 2, Jensen faces not less than seven years and up to life in prison, a fine of up to $250,000, and up to five years of supervised release. 

This specific case is a result of an investigation by the Yale Police Department, FBI Oklahoma City Division, the Oklahoma State Bureau of Investigation, and the Payne County Sheriff’s Office.  The case is being prosecuted by Assistant U.S. Attorney David P. Petermann.

This case is part of an overall coordinated effort by the Western Oklahoma Opioid Enforcement Team, a collective effort of federal and state law enforcement agencies and prosecutors to use all legal tools—criminal, civil, and administrative—to maximize effectiveness in protecting Oklahomans from the illegal diversion, distribution, and use of opioids.  Team members include the U.S. Attorney’s Office, the Oklahoma Attorney General’s Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs, FBI, DEA, HHS Office of Inspector General, the Oklahoma State Bureau of Investigation, IRS—Criminal Investigations, the Defense Criminal Investigative Service, the Oklahoma County District Attorney, and the District Attorney for Cleveland, Garvin, and McClain Counties.

The public is reminded that these charges are merely allegations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

OKLAHOMA CITY – COLIN ANDREW DAVIS, 33, of Oklahoma City, has pleaded guilty to tampering with fentanyl and ketamine vials while working as a paramedic for an emergency air evacuation company, announced First Assistant U.S. Attorney Robert J. Troester.

On April 30, 2019, the U.S. Attorney’s Office filed an information that charges Davis with tampering with the labeling and container for consumer products in November 2017 in Weatherford, Oklahoma.  According to the information, Davis removed fentanyl and ketamine from vials and replaced them with a sterile saline solution.  As a result, patients undergoing emergency air evacuation could have received saline when medical professionals intended to administer fentanyl or ketamine.  The information alleges Davis took this action with reckless disregard for the risk that another person would be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to that risk.  Fentanyl is a Schedule II controlled substance in the opioid family; ketamine is a Schedule III analgesic often used in anaesthesia.

"When Davis stole these drugs, he made them unavailable for critical emergency treatment and placed patient care in jeopardy," said First Assistant Troester.  "This case is yet another manifestation of the ways in which opioid abuse causes harm in our community.  We are pleased to work with the Food and Drug Administration as part of the Department of Justice’s focus on opioid enforcement, which includes this office’s Western Oklahoma Opioid Enforcement Team."

"Patients experiencing pain severe enough to warrant treatment with opioids must have confidence in their health care provider that they are receiving appropriate medical care," said Special Agent-in-Charge Charles L. Grinstead, FDA Office of Criminal Investigations, Kansas City Field Office.  "We are committed to working with our law enforcement partners to protect the public health and bring to justice those who tamper with medications which can not only endanger the health of patients by exposing them to contaminated products but also may deny them access to the treatments they need."

At sentencing, Davis faces a maximum penalty of ten years in prison, a fine of $250,000, and three years of supervised release.  Sentencing will take place in approximately ninety days.

This case is the result of an investigation by the Food and Drug Administration, Office of Criminal Investigations.  Assistant U.S. Attorney Jacquelyn M. Hutzell is prosecuting the case.

Reference is made to court filings for further information.

OKLAHOMA CITY – TIMOTHY ALONZO EVANS, of Gulfport, Mississippi, has pleaded guilty to a one-count information charging him with assisting in the preparation and presentation to the Internal Revenue Service of a false tax return, announced First Assistant U.S. Attorney Robert J. Troester.

According to federal charges filed on April 9, 2019, Evans assisted a taxpayer in submitting a Form 1040 Individual Tax Return that materially misstated the taxpayer’s alleged business losses for the 2014 tax year.

Evans pleaded guilty on May 29, 2019.  At the May 29 hearing, Evans admitted he operated a tax preparation business in Enid, Oklahoma, called House of Tax Smart and filed returns in 2014 and 2015 for the 2013 and 2014 tax years.  According to plea documents, Evans has agreed to pay restitution to the IRS of $82,227, plus statutory interest.

Sentencing, which will take place in approximately 90 days, will take into account the full scope of Evans’s tax fraud.  He faces a sentence of up to three years in prison and a fine of up to $100,000.

These charges are the result of an investigation by the Internal Revenue Service–Criminal Investigations.  The case is being prosecuted by Assistant U.S. Attorney William E. Farrior.

Reference is made to court filings for further information.