Western District of Oklahoma

OKLAHOMA CITY – KEVIN LANE BIERIG, of Oklahoma City, has pleaded guilty to corruptly endeavoring to obstruct or impede the due administration of the federal tax laws, announced U.S. Attorney Robert J. Troester.

On April 4, 2024, a federal grand jury returned a four-count Indictment against Bierig, charging him with one count of corruptly endeavoring to obstruct or impede the due administration of the federal tax laws and three counts of failing to file a tax return. According to the Indictment, Bierig has not filed a tax return since at least 2005, despite being required to do so based on his level of income. The Internal Revenue Service (IRS) initiated enforcement action in 2013, which included the collection of levied funds from Bierig’s paychecks.

Court documents allege that beginning in 2017, Bierig, knowing of the IRS enforcement actions, forged the signature of an IRS revenue officer onto IRS forms, including an IRS Installment Agreement and an IRS Release of Levy, in an attempt to have levied funds paid to himself rather than be sent to the IRS.

On June 13, 2024, Bierig pleaded guilty to Count 1 of the Indictment.  As part of his plea, Bierig admitted that he has earned substantial income since 2004, yet has not filed a federal tax return since that year. He further admitted that he knew the IRS had been investigating him since at least 2017, and that the IRS was attempting to collect the delinquent taxes. He admitted he forged official IRS forms and sent the fraudulent forms to his billing company in an effort to have the frozen funds sent to himself instead of the IRS.

At sentencing, Bierig faces to up three years in federal prison, and a fine of up to $250,000.

This case is the result of an investigation by IRS Criminal Investigation. Assistant U.S. Attorney Charles Brown prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – ROBERT VINNIK, 29, of Ontario, Canada, has pleaded guilty for his role in a conspiracy to commit wire fraud, announced U.S. Attorney Robert J. Troester.

On June 15, 2021, a federal grand jury returned a 10-count Superseding Indictment against Vinnik and four other co-defendants, all of Canada, charging the group with conspiracy to commit wire fraud, and Vinnik and co-defendant, Steven Mesrop, 32, with aggravated identity theft.

According to the Superseding Indictment, Vinnik and his associates operated a scheme to use stolen credit card and identity information to induce businesses to provide goods and services, such as event tickets and personal protective equipment, to resell for a profit. At the onset of the COVID-19 pandemic, it is alleged that the conspirators began targeting U.S.-based businesses selling goods that were scarce due to the pandemic. The conspirators allegedly used stolen credit card information to purchase items such as nitrile gloves, masks, and gowns and to resell them to third parties. The Superseding Indictment alleges that the conspirators operated the scheme from Canada, the Dominican Republic, Spain, Greece, and Dubai. It further alleges that the conspirators targeted sports teams and event venues throughout the United States and Canada, including Madison Square Garden in New York City.

According to the Superseding Indictment, Vinnik and his associates used 21 different alias email accounts and information from 52 stolen credit cards to purchase over 1,800 tickets to Oklahoma State University athletic events between November 2019 and January 2020. In March 2020, the conspirators allegedly used stolen credit card information to purchase approximately $18,000 worth of toilet paper from a paper supply company in Oklahoma City.

On June 14, 2024, Vinnik pleaded guilty to Count One of the Superseding Indictment, and admitted that he voluntarily conspired with others to use stolen credit card and identity information to purchase goods and services such as event tickets and personal protective equipment, which he and his conspirators agreed to sell to third parties for a profit. At sentencing, Vinnik faces up to 20 years in federal prison, and a fine of up to $250,000.

Other defendants in the case have been sentenced as follows:  

• Steven Mesrop has been sentenced to serve 80 months in federal prison, followed by three years of supervised release, for conspiracy to commit wire fraud.
• Dijon Cornelius Shepard, 30, has been sentenced to serve 20 months in federal prison, followed by three years of supervised release, for conspiracy to commit an offense against the United States.
• Mirna Mahrous Habib, 27, has been sentenced to serve four months in federal prison, followed by one year of supervised release, for conspiracy to commit wire fraud
• Karin Treister, 27, has been ordered to pay restitution in the amount of $30,000, after pleading guilty to conspiracy to commit wire fraud.

This case is the result of an investigation by the FBI Oklahoma City Field Office, Homeland Security Investigations New York’s El Dorado Task Force, the New York City Police Department, and the Irvine (California) Police Department, with assistance from Customs and Border Protection. Assistant U.S. Attorney Julia E. Barry is prosecuting the case.

Reference is made to public filings for further information.

OKLAHOMA CITY – Today, U.S. Attorney Robert J. Troester announced that MEHRAN KORANKI, 63, formerly of Yukon, has been extradited from the United Kingdom to the United States.  In late 2010, Koranki fled the United States following his criminal conviction at trial on mail fraud and money laundering charges.

On February 2, 2010, a federal grand jury returned a 53-count Indictment against Koranki, charging him with numerous counts of mail fraud and money laundering. Between February 2005 and March 2006, Koranki owned and controlled two Oklahoma City companies which maintained, repaired, and sold computer networking components. The companies had extended warranty agreements with Nortel Networks, which allowed the businesses to receive replacements for broken or defective parts.

In November 2010, evidence presented at a jury trial indicated that Koranki’s businesses received hundreds of thousands of dollars’ worth of equipment through the warranty agreement, which they then sold for a profit, in a direct violation of the agreement.  After four days of testimony, the jury found Koranki guilty of 48 counts of mail fraud and two counts of money laundering. 

After the jury returned the guilty verdicts, and prior to Koranki’s sentencing hearing, he fled the United States. In January 2011, Koranki sent a letter to the court that read in part, “I sincerely regret to inform you I am no longer in the United States and will not be attending the sentencing hearing.”  Koranki has been a fugitive since that time. 

On September 30, 2013, U.S. District Judge Timothy D. DeGiusti sentenced Koranki in absentia to serve 156 months in federal prison and ordered him to pay $6,010,157.90 in restitution. Click here to read the original press release on the 2013 sentencing.

In November 2015, the United States submitted to United Kingdom government officials an official request to extradite Koranki.  On February 5, 2024, Koranki was arrested pursuant to an INTERPOL Red Notice, after traveling on a flight from Doha, Qatar, to Manchester, United Kingdom. 

Koranki subsequently consented to extradition, and, on June 3, 2024, the U.S. Marshal’s Service transported Koranki from the United Kingdom to the United States.

“Those who seek to evade justice will eventually be apprehended and held accountable for their crimes” said U.S. Attorney Troester. “I commend the work done by the U.S. Marshals Service, the Department of Justice’s Office of International Affairs, and United Kingdom authorities for their tireless efforts to bring this matter to a close.”   

“No matter how far you run, or how long you hide, the U.S. Marshals Service will exhaust all available resources in returning international fugitives to face justice in the United States,” said United States Marshal Johnny L. Kuhlman. “The arrest and extradition of this defendant is further proof of the U.S. Marshals ongoing commitment to locating fugitives around the world. The bottom line is … we never stop looking.”

Today’s announcement is the result of an investigation by the U.S. Postal Inspection Service and the IRS Criminal Investigation. The Department of Justice’s Office of International Affairs and U.S. Marshals Service provided substantial assistance to secure Koranki’s arrest and extradition from the United Kingdom. The United States thanks United Kingdom law enforcement authorities for their valuable assistance with Koranki’s arrest and extradition.  Assistant U.S. Attorney Scott E. Williams prosecuted the case for the United States. Assistant U.S. Attorneys Wilson D. McGarry and Stan J. West assisted with Koranki’s extradition.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Today, GARY MANILE HARRIS, 39, of Oklahoma City, was sentenced to serve 48 months in federal prison for domestic assault by a habitual offender in Indian country, announced U.S. Attorney Robert J. Troester.

On February 8, 2024, a federal grand jury returned a two-count Indictment charging Harris with domestic assault by a habitual offender and domestic assault by strangulation. According to the Indictment, on November 10, 2023, Harris placed a woman with whom he was living in a chokehold and physically abused her, including by dragging her across the floor.

This case is in federal court because Harris is a member of the Chickasaw Nation and the crime occurred within the boundaries of the Chickasaw Nation. 

On April 3, 2024, Harris pleaded guilty to Count 1, admitted he assaulted the victim, and acknowledged his previous domestic abuse charges.

At the sentencing hearing today, U.S. District Judge David L. Russell sentenced Harris to serve 48 months in federal prison, followed by three years of supervised release. In sentencing Harris, Judge Russell considered Harris’s drug use and the need for his sentence to protect the public. Judge Russell also noted Harris’s extensive record of victim’s protective order violations and violent crime. Public record reflects that Harris holds prior felony convictions for domestic assault with a dangerous weapon and domestic abuse in Cleveland County District Court case number CF-2020-7, and domestic violence by strangulation in Oklahoma County District Court case number CF-2007-3387.

This case is the result of an investigation by the Chickasaw Lighthorse Police Department. Special Assistant U.S. Attorney Kaleigh Blackwell and Assistant U.S. Attorney Brandon Hale prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – This week, MICHAEL RIOS, 42, and JIMMY RAY PIERCE, 68, pleaded guilty to child pornography related charges; RONNIE GENE HAZELWOOD, 44, pleaded guilty to failing to register as a sex offender after a felony conviction on possession of child pornography; and KRISTIAN FERNANDEZ, 20, was charged with receipt and possession of material containing child pornography, announced U.S. Attorney Robert J. Troester.

This announcement reflects the latest in the U.S. Attorney’s Office for the Western District of Oklahoma’s ongoing commitment to aggressively pursue cases involving the sexual exploitation of minors and defendants who fail to comply with sex offender registration requirements.

The updates in the cases are as follows:

• Michael Rios, of Oklahoma City, pleaded guilty to possession and distribution of child pornography on June 3, 2024. According to affidavit filed in support of a criminal complaint, Rios utilized an online encrypted messaging service to share child pornography. After executing a court authorized federal search warrant, FBI agents discovered a large library of child pornography on Rios’s phone. At sentencing, Rios faces no less than five years and up to 40 years in federal prison. Assistant U.S. Attorney Tiffany Edgmon is prosecuting the case.

• Jimmy Ray Pierce, of Elgin, Oklahoma, pleaded guilty to possession of material containing child pornography on June 6, 2024. According to an affidavit filed in support of a criminal complaint, in January 2024, Pierce uploaded child pornography to Facebook. While executing a court authorized search warrant, law enforcement located on his cell phone multiple videos and images depicting child pornography. At sentencing, Pierce faces up to 20 years in federal prison. Assistant U.S. Attorney Jordan Ganz is prosecuting the case.

• Ronnie Gene Hazelwood, of Tulsa and Oklahoma City, pleaded guilty to failing to register as a sex offender on June 3, 2024. According to public record, Hazelwood was previously convicted of possession of child pornography and failing to register as a sex offender in the Northern District of Oklahoma, case number 15-CR-049. These convictions required Hazelwood to register as a sex offender, but he failed to do so while residing in the Western District of Oklahoma. Hazelwood faces up to 10 years in federal prison at sentencing. Assistant U.S. Attorney Jordan Ganz is prosecuting the case.

• ** Kristian Fernandez, of Fort Sill, Oklahoma, was charged with one count of receipt of child pornography and one count of possession of material containing child pornography by a federal grand jury on June 4, 2024. If found guilty on the receipt count, Fernandez faces not less than five years and up to 20 years in federal prison. If found guilty on the possession count, he faces up to 20 years in federal prison. On each count, he faces a term of supervised release of no less than five years and up to life. Assistant U.S. Attorney Bow Bottomly 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.

These cases are the result of investigations by the FBI Oklahoma Field Office, Homeland Security Investigations, the United States Marshals Service, the Department of the Army—Criminal Investigation Division, the Tornado Alley Child Exploitation Task Force, the Oklahoma State Bureau of Investigation, and the Oklahoma City Police Department.

Reference is made to public filings for additional information.

OKLAHOMA CITY – ANTHONY DEWAYNE TAYLOR, 20, of Oklahoma City, has been sentenced to serve 24 months in federal prison for unlawful possession of a machinegun, announced U.S. Attorney Robert J. Troester.

On September 5, 2023, a federal grand jury charged Taylor with unlawful possession of a machinegun. According to an affidavit filed in support of a criminal complaint, on April 6, 2023, Bethany Police Department officers pulled Taylor over for a traffic violation. When asked to provide a license and vehicle registration, Taylor handed the officer a learner’s permit that had been cut in half. During a subsequent search of the vehicle, law enforcement located under the driver’s seat a handgun that had been modified with a conversion device. This conversion device is commonly known as a “switch,” which converts a semi-automatic weapon into a fully automatic machinegun. Taylor also attempted to flee on foot during the traffic stop but, after a brief pursuit, was apprehended and arrested.

On December 12, 2023, Taylor pleaded guilty, admitting that he possessed the “switch” and knew that it turned the firearm into a fully automatic machinegun.

At the sentencing hearing on June 6, 2024, U.S. District Judge Timothy D. DeGiusti sentenced Taylor to serve 24 months in federal prison, followed by three years of supervised release. In announcing his sentence, Judge DeGiusti noted the seriousness of Taylor’s actions and the danger posed by conversion devices.

This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bethany Police Department. Assistant U.S. Attorney Danielle M. Connolly prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. This case is also part of “Project Switch Off,” the Western District of Oklahoma’s local implementation of PSN. “Project Switch Off” targets illegal machinegun conversion devices to address the significant danger these illegal devices present and to remove them from our streets. For more information about PSN, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for additional information.

OKLAHOMA CITY – ANDREW LINTON SAWYERS, 60, of Norman, has been sentenced to serve 60 months in federal prison for illegally possessing a firearm after a prior felony conviction, announced U.S. Attorney Robert J. Troester.

On August 16, 2023, a federal grand jury charged Sawyers with being a felon in possession of a firearm. According to the public record, on October 30, 2022, Norman Police Department (NPD) officers responded to a welfare check at an apartment, where they learned that Sawyers had pointed a pistol at his girlfriend. Although Sawyers had left the residence before authorities arrived, he was arrested a short time later by NPD officers, who found a pistol in his waistband. At that time, Sawyers had been previously convicted of multiple felonies, including Florida convictions for armed home invasion and kidnapping, and Oklahoma convictions for possession of firearms after a felony conviction and endangering others while eluding or attempting to elude a police officer.

On October 23, 2023, Sawyers pleaded guilty to illegally possessing the firearm, despite his criminal record.

At Sawyers’ sentencing hearing on June 3, 2024, U.S. District Judge Patrick R. Wyrick sentenced Sawyers to serve 60 months in federal prison, followed by three years of supervised release. In announcing his sentence, Judge Wyrick noted the circumstances of the offense and Sawyers’ criminal history. At sentencing, the government also introduced evidence that, in July 2023, Sawyers had threatened to kill a state prosecutor. 

This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Norman Police Department. Assistant U.S. Attorney Mary E. Walters prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a Department of Justice program to reduce violent crime. In October 2017, the Department announced the reinvigoration of PSN 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. This case is also part of “Operation 922,” the Western District of Oklahoma’s implementation of PSN, which prioritizes prosecution of federal crimes connected to domestic violence. For more information about PSN, please visit https://justice.gov/psn and https://justice.gov/usao-wdok. 

Reference is made to public filings for additional information.

OKLAHOMA CITY – REYES LUIS HOLGUIN, 31, of Phoenix, Arizona, has been sentenced to serve an additional 48 months in federal prison for assaulting a federal corrections officer, announced U.S. Attorney Robert J. Troester.

According to public record, in August 2023, Holguin was an inmate at the Federal Transfer Center in Oklahoma City, when he entered a federal corrections officer’s office without permission.  Holguin slammed the door shut and told the officer, “You are not leaving the office.” Holguin then assaulted the officer before quickly being subdued by the same officer. The officer sustained minor injuries. As a result of this incident, on November 7, 2023, a federal grand jury charged Holguin with assault on a federal officer involving physical contact.

On February 1, 2024, Holguin pleaded guilty, and admitted to physically assaulting the federal corrections officer.

At the sentencing hearing on June 5, 2024, U.S. District Judge Bernard M. Jones sentenced Holguin to serve 48 months in federal prison to be served after his existing sentence—a 10-year sentence for distribution of fentanyl in the United States District Court for the District of Arizona—followed by three years of supervised release. In announcing the sentence, the Court noted the serious nature of Holguin’s assault on the officer, his criminal history, and the need to deter Holguin and other federal inmates from engaging in similar conduct.

This case is the result of an investigation by the Federal Bureau of Prisons Special Investigative Services. Assistant U.S. Attorney Bow Bottomly prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – BLAINE DYER (Blaine), 42, of Oklahoma City, and JAMES DYER (Jimmy), 39, of Edmond, have been sentenced to serve 78 months in federal prison collectively for conspiring to commit honest services wire fraud, announced U.S. Attorney Robert J. Troester.

On December 19, 2022, a federal grand jury returned an eleven-count Superseding Indictment against Blaine and Jimmy, charging them with one count of conspiracy to commit honest services wire fraud and six counts of honest services wire fraud, and charging Blaine with three counts of making a false statement on a promissory note. The Superseding Indictment alleged that Blaine, an attorney who specialized in oil and gas title opinions, and his cousin, Jimmy, who worked as a landman, conspired together to commit wire fraud against Continental Resources (CLR), an oil and gas exploration company based in Oklahoma City. In November 2013, Blaine and Jimmy received CLR’s confidential drilling and leasing plans from an employee of the company. Public record reflects that with knowledge reaped through the illegally obtained CLR plans, Jimmy sought out and negotiated with landowners across Oklahoma, and purchased leases that CLR intended to acquire. To avoid detection, Blaine, Jimmy, and others, formed several shell companies to facilitate these transactions.

The Superseding Indictment further alleged that in 2014, Blaine, Jimmy, and others, sold some of the leases purchased using CLR’s information back to CLR. As part of the agreement, CLR continued to make royalty payments on the leases to the defendants and others through the conspirators’ shell companies.

On February 17, 2023, Blaine pleaded guilty to a one-count Superseding Information, charging him with conspiracy to commit honest services wire fraud. As part of his plea, Blaine admitted to participating in the conspiracy to purchase leases using CLR’s stolen information, then selling those leases back to CLR, and accepting royalties on the leases through 2020. Jimmy pleaded guilty to conspiracy to commit honest services wire fraud on February 16, 2023.

At the sentencing hearings on May 30, 2024, U.S. District Judge Jodi W. Dishman sentenced Blaine to serve 60 months in prison, to be followed by two years of supervised release, and Jimmy to serve 18 months in federal prison, to be followed by one year of supervised release.  The Court also ordered the defendants to pay $2,316,185.43 in restitution to CLR, and ordered Blaine and Jimmy to forfeit $1,661,263.42 and $230,761.74, respectively, to the United States. The defendants were ordered to self-surrender to the Bureau of Prisons to begin serving their sentences, Blaine within 30 days, and Jimmy within 60 days.

“The defendants’ greed resulted in an elaborate scheme to exploit insider information and defraud Continental simply to enrich themselves,” said U.S. Attorney Troester.  “The significant sentences imposed by the Court should serve as a strong deterrent to those who seek personal gain and profit by defrauding Oklahoma businesses.  I commend the investigation by the FBI and the prosecution by Assistant U.S. Attorneys Julia Barry and Brandon Hale in unraveling this scheme and holding these defendants accountable.” 

This case is the result of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Julia E. Barry and Brandon Hale prosecuted the case.

Reference is made to public filings for additional information.

Note: View the full complaint here

OKLAHOMA CITY – The Justice Department has sued Oklahoma City Public Schools (OKCPS) to protect rights guaranteed to an Air Force Reserve Senior Airman, Michael J. McCullough, by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit, filed in the U.S. District Court for the Western District of Oklahoma, alleges that OKCPS violated USERRA when it failed to reinstate McCullough in a teacher position upon his return from a military deployment.

“We owe a solemn duty to protect the rights of our servicemembers when called upon to defend our nation. This lawsuit reinforces the Justice Department’s strong commitment to protecting the rights of those who wear the uniform proudly,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “USERRA provides important reemployment protections, and we must act when any employer denies them an opportunity to earn a living because they are called to duty.”

“Service members are called to leave their home and work to serve and protect us,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “It is our job to make sure their employment rights are protected once they return home. My office will continue to vigorously defend the rights justly earned by those who serve our country.”

According to the complaint, McCullough was employed by OKCPS as a music teacher in January 2022. He was under contract for the remainder of the school year, and his principal told him that she wanted him to return to teach the following year. In February 2022, McCullough was ordered to perform military service. When he notified his principal, she suggested it would be easier if he just resigned his teaching position. Less than a month later, during his deployment, OKCPS advised McCullough that his contract for the 2022-2023 school year would not be renewed. Prior to and on his return from active military duty, OKCPS refused McCullough’s repeated requests for reemployment, despite available positions. The lawsuit seeks lost wages, other employment benefits and other remedies. The complaint also seeks liquidated damages because this is the second time that OKCPS’ refusal to reemploy McCullough following military service has required USERRA enforcement action.

USERRA protects the rights of uniformed servicemembers to reemployment in their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.

The Department of Labor’s Veterans’ Employment and Training Service investigated the case and referred the case to the Justice Department at McCullough’s request.

Trial Attorney Robert Galbreath of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Emily Fagan for the Western District of Oklahoma are handling the case.

OKLAHOMA CITY – JOANIE ANN WILSON, 38, and REECY ANN BENCH, 21, both of Stephens County, have pleaded guilty to participating in a drug conspiracy, announced U.S. Attorney Robert J. Troester. 

In May 2024, Wilson and Bench were charged by Superseding Informations for their roles in a drug conspiracy. On August 23, 2023, a resident of Stephens County died of a fentanyl overdose. According to public record, in August 2023, Bench and Wilson conspired to purchase and distribute fentanyl, the use of which resulted in the death of the Stephens County resident.

On May 28, 2024, Wilson pleaded guilty, and admitted to conspiring to distribute fentanyl. Bench pleaded guilty to her role in the drug conspiracy on May 22, 2024. At sentencing, Wilson and Bench face up to 20 years in federal prison and fines of up to $1,000,000 each.

This case is in federal court because Bench is a member of the Choctaw Nation and the crimes occurred within the boundaries of the Chickasaw Nation.

This case is the result of an investigation by the Drug Enforcement Administration (DEA), the Stephens County Sheriff’s Office, and the Lawton Police Department, and demonstrates the importance of the DEA’s “One Pill Can Kill” campaign. More information about “One Pill Can Kill” can be found at https://www.dea.gov/onepill.  Further information about the danger associated with fentanyl distribution and use can be found at https://www.youtube.com/watch?v=16O7TkhFH9k.

Assistant U.S. Attorney Elizabeth Joynes and Special Assistant U.S. Attorney Kaleigh Blackwell are prosecuting the case.

Reference is made to public filings for additional information.

The Justice Department has sued Oklahoma City Public Schools (OKCPS) to protect rights guaranteed to an Air Force Reserve Senior Airman, Michael J. McCullough, by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit, filed in the U.S. District Court for the Western District of Oklahoma, alleges that OKCPS violated USERRA when it failed to reinstate McCullough in a teacher position upon his return from a military deployment.

“We owe a solemn duty to protect the rights of our servicemembers when called upon to defend our nation. This lawsuit reinforces the Justice Department’s strong commitment to protecting the rights of those who wear the uniform proudly,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “USERRA provides important reemployment protections, and we must act when any employer denies them an opportunity to earn a living because they are called to duty.”

“Service members are called to leave their home and work to serve and protect us,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “It is our job to make sure their employment rights are protected once they return home. My office will continue to vigorously defend the rights justly earned by those who serve our country.”

According to the complaint, McCullough was employed by OKCPS as a music teacher in January 2022. He was under contract for the remainder of the school year, and his principal told him that she wanted him to return to teach the following year. In February 2022, McCullough was ordered to perform military service. When he notified his principal, she suggested it would be easier if he just resigned his teaching position. Less than a month later, during his deployment, OKCPS advised McCullough that his contract for the 2022-2023 school year would not be renewed. Prior to and on his return from active military duty, OKCPS refused McCullough’s repeated requests for reemployment, despite available positions. The lawsuit seeks lost wages, other employment benefits and other remedies. The complaint also seeks liquidated damages because this is the second time that OKCPS’ refusal to reemploy McCullough following military service has required USERRA enforcement action.

USERRA protects the rights of uniformed servicemembers to reemployment in their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.

The Department of Labor’s Veterans’ Employment and Training Service investigated the case and referred the case to the Justice Department.

Trial Attorney Robert Galbreath of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Emily Fagan for the Western District of Oklahoma are handling the case.

OKLAHOMA CITY – AMBER NICOLE RANSOM, 40, and GORDON BERNARD HORNER, 51, both of Oklahoma City, have been sentenced to serve 120 months collectively in federal prison for illegal possession of a firearm after a previous felony conviction, announced U.S. Attorney Robert J. Troester.

On August 1, 2023, a federal grand jury charged Ransom and Horner with being felons in possession of a firearm. According to public record, on May 9, 2023, Oklahoma City Police responded to a drive by shooting at an apartment complex. Though bullets did enter at least one unit, no injuries were reported. After a review of surveillance footage, Oklahoma City Police identified a white sedan as the suspect vehicle, which was pulled over in a traffic stop just days later. Ransom and Horner were in the vehicle, and authorities also located two handguns. After executing a search warrant at the apartment shared by Ransom and Horner, Oklahoma City Police located another firearm, along with several rounds of ammunition. Through the course of the investigation, law enforcement learned it was Ransom who fired several shots at the apartment from the back seat of the vehicle, which was being driven by Horner.

Public record further reflects that both Ransom and Horner hold prior felony convictions—Ransom for robbery in the first degree in Oklahoma County District Court case number CF-2009-5359, and Horner for possession of a controlled dangerous substance in Oklahoma County District Court case number CF-1992-6656.

In the fall of 2023, both Ransom and Horner pleaded guilty, and admitted to possessing firearms.

At sentencing hearings on May 22, 2024, U.S. District Judge Bernard M. Jones sentenced Ransom to serve 90 months in federal prison, followed by three years of supervised release, and Horner to serve 30 months in federal prison, followed by three years of supervised release. In announcing the sentencings, Judge Jones noted the “senseless” nature of the crime, describing the actions of the two defendants as a “reckless disregard for life.”

This case is the result of an investigation by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Oklahoma City Police Department. Assistant U.S. Attorney David R. Nichols, Jr., prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – A federal jury has convicted ALLEN JAMES BULLOCK, 42, of Del City, of interstate transmission of threatening communication and arson, announced U.S. Attorney Robert J. Troester.

On March 19, 2024, a federal grand jury returned a two-count Superseding Indictment against Bullock, charging him with interstate transmission of threatening communication and arson. On May 21, 2024, a federal jury found Bullock guilty on both counts. 

Evidence presented at trial indicated that in the early morning hours of November 14, 2023, the Del City Fire Department extinguished a fire at a nearby apartment complex. The fire was contained to the entrance of the apartment and did not spread further. The tenant of the apartment was not home at the time and told authorities he believed Bullock may have started the fire. The victim worked with Bullock’s wife and claimed that just hours before the fire, Bullock called and threatened the victim several times because the victim gifted a shirt to Bullock’s wife. Cell phone records show that Bullock did call the victim multiple times the night of the fire, and an analysis of surveillance footage shows Bullock arriving at the victim’s apartment complex shortly before the fire was set. Surveillance footage also shows that Bullock visited a nearby gas station to purchase $.50 of gasoline minutes before the fire, and expert testimony at trial confirmed that debris samples from the fire tested positive for the presence of gasoline.

Following his conviction, Bullock faces not less than 5 years and up to 25 years in federal prison and fines totaling up to $500,000.

This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Del City Police Department. Assistant U.S. Attorneys Stan J. West and Matthew Dillon are prosecuting the case.

Reference is made to public filings for additional information.      

OKLAHOMA CITY – ANGEL LUIS GARCIA-NAVEDO, 27, of Altus, has been found guilty after a bench trial of making a false statement during the purchase of a firearm, announced U.S. Attorney Robert J. Troester.

On August 16, 2023, a federal grand jury returned a two-count Indictment against Garcia-Navedo, charging him with making a false statement during the purchase of a firearm and with illegal receipt of a firearm by a person under indictment. On May 14, 2024, the case proceeded to a bench trial on the false statement count, after which the Court found Garcia-Navedo guilty.

According to evidence presented at trial, in April 2023, Garcia-Navedo visited an Altus federal firearm licensee (FFL) to initiate the purchase of a rifle. To do so, Garcia-Navedo was required to complete Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473. This Form requires buyers to answer several questions, including those about the buyer’s competency, criminal history, drug use, immigration status, and history with domestic violence. Federal law prohibits knowingly making any false statement in connection with purchasing, or attempting to purchase, a firearm.

On the ATF Form 4473, evidence at trial showed that Garcia-Navedo indicated that he was not under indictment or information for a felony or a crime for which he could be imprisoned for more than one year. Public record reflects, however, that at the time that he completed the ATF Form 4473, Garcia-Navedo was charged by information with two felony offenses in Jackson County District Court.

At sentencing, Garcia-Navedo faces up to 10 years in federal prison, a fine of up to $250,000, and up to three years of supervised release.

This case is the result of an investigation by the ATF and the Altus Police Department. Assistant U.S. Attorneys Danielle M. Connolly, Mary E. Walters, and Steven W. Creager are prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a Department of Justice program to reduce violent crime. In October 2017, the Department announced the reinvigoration of PSN 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. This case is also part of "Operation 922," the Western District of Oklahoma’s implementation of PSN, which prioritizes prosecution of federal crimes connected to domestic violence. For more information about PSN, please visit https://justice.gov/psn and https://justice.gov/usao-wdok. 

Reference is made to public filings for additional information.

OKLAHOMA CITY – CHARLES LAMAR SCOTT, 36, of Greenville, Mississippi, has been sentenced to serve 25 years in federal prison for robbing an Oklahoma City pharmacy, discharging a firearm during the robbery, and possessing a firearm that had been modified to operate as a machinegun, announced U.S. Attorney Robert J. Troester.

On May 3, 2023, a federal grand jury returned a five-count Indictment against Scott, charging him with interference with commerce by robbery, using, carrying, and discharging a firearm during and in relation to a crime of violence, using, carrying, brandishing, and discharging a machinegun during and in relation to a crime of violence, unlawful possession of a machinegun, and felon in possession of a firearm.

According to the public record, on or about December 26, 2022, Scott committed an armed robbery at a CVS Pharmacy located in Oklahoma City. During the robbery, Scott violently assaulted a CVS employee and then forcibly took a handgun from a retired police officer, firing the stolen weapon at the building as he left the pharmacy. Scott also fired another handgun at law enforcement responding to the crime. The second firearm was modified with a machinegun conversion device, commonly known as a “switch”, which converted the semi-automatic weapon into a fully automatic handgun.

On September 22, 2023, Scott pleaded guilty to Counts 1, 2, and 4 of the Indictment. As part of his plea, Scott admitted that he used force and violence in order to obtain money from CVS, that he discharged a firearm during and in relation to the robbery, and that he was aware that one of the firearms he possessed had been modified to become a machinegun.

At the sentencing hearing on May 10, 2024, U.S. District Judge Charles Goodwin sentenced Scott to serve 25 years in federal prison, followed by three years of supervised release. In announcing his sentence, Judge Goodwin noted the troubling circumstances of the offense and the need to promote respect for the rule of law.

This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Oklahoma City Police Department. Assistant U.S. Attorneys Stan J. West and David R. Nichols, Jr. prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. This case is also part of “Project Switch Off,” the Western District of Oklahoma’s local implementation of PSN. “Project Switch Off” targets illegal machinegun conversion devices to address the significant danger these illegal devices present and to remove them from our streets. For more information about PSN, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Today, JESSIE SOLOMON DUNNAWAY, 23, of Georgia, pleaded guilty to sexual abuse, announced U.S. Attorney Robert J. Troester.

On March 9, 2023, a federal grand jury charged Dunnaway with sexual abuse. According to public record, on November 3, 2019, while stationed at Fort Sill Military Installation, Dunnaway sexually abused another person stationed at the military base.

Today, Dunnaway pleaded guilty, and admitted to sexually abusing the victim without their consent.

At sentencing, Dunnaway faces up to life in prison, a fine of up to $250,000, and term of supervised release of up to life.

This case is the result of an investigation by the Department of the Army Criminal Investigation Division. Assistant U.S. Attorney Tiffany Edgmon is prosecuting the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Four defendants have now been sentenced to serve 406 months collectively for their respective roles in the distribution of fentanyl that resulted in the death of another person in Indian country, announced U.S. Attorney Robert J. Troester.

In October 2023, DUSTIN ELLIS, 32, PAMELA PAYNE, 40, and SIERRA MANDRELL, 30, all of Grady County, were each charged with one count of distribution of fentanyl resulting in death. Another defendant, NICHOLAS SWEETEN, 27, also of Grady County, was charged separately in October for his involvement in the drug conspiracy. According to court documents, on or about April 2, 2023, the four defendants conspired to distribute pills containing fentanyl, which resulted in the fentanyl overdose death of a Grady County resident on April 3, 2023.

On October 5, 2023, Ellis pleaded guilty to his role in the distribution of fentanyl. On November 2, 2023, Payne, Mandrell, and Sweeten each pleaded guilty to distribution of fentanyl. As part of their pleas, Payne and Mandrell admitted to distributing a substance containing fentanyl and Sweeten admitted to facilitating the deal.

Last week, U.S. District Judge Jodi W. Dishman sentenced Ellis to serve 240 months, Payne to serve 100 months, and Sweeten to serve 30 months in federal prison. On May 6, 2024, Mandrell was sentenced to serve 36 months in federal prison. Each of the four defendants will also serve five years of supervised release upon their release from prison.

As part of the sentencings, the Court described fentanyl as “the single deadliest drug threat our country has ever encountered.”

“This case is yet another tragic reminder of the damage that one fentanyl-laced pill can cause,” said U.S. Attorney Robert J. Troester. “My office will continue to seek justice for families suffering with the loss of loved ones caused by fentanyl and hold accountable all involved in distributing this deadly poison.” 

“DEA Oklahoma City is proud to stand with our numerous law enforcement partners in Central Oklahoma and champion the work that led to the significant sentence in this investigation,” said Eduardo A. Chávez, Special Agent in Charge of DEA Dallas, which oversees operations in Oklahoma. “Ms. Mandrell is being held accountable for the poison that found its way into our neighborhoods by her hand. Whether it is one pill or 1,000 pills of fentanyl, the DEA will never cease its efforts to rid these drugs from the streets of Oklahoma.”

This case is in federal court because Ellis is a member of the Choctaw Nation, Payne is a member of the Chickasaw Nation, and the crimes occurred within the boundaries of the Chickasaw Nation.

This case is the result of an investigation by the Drug Enforcement Administration and the Grady County Sheriff’s Office, in collaboration with the Chickasaw Nation Office of Tribal Justice Administration. Special Assistant U. S. Attorney Kaleigh Blackwell and Assistant U. S. Attorney Elizabeth Joynes prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – The U.S. Attorney’s Office for the Western District of Oklahoma joins its partners across the federal government, as well as people throughout Indian country, along with American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (“MMIP”) Awareness Day. 

In recognition of MMIP Awareness Day, United States Attorney General Merrick B. Garland announced increased efforts to tackle Missing or Murdered Indigenous Persons cases and human trafficking in American Indian and Alaska Native communities. Additionally, plans were announced to address other pressing public safety challenges, like the distribution of fentanyl into Indian country, which exacerbates violence and addiction in already vulnerable rural Tribal communities.

“There is still so much more to do in the face of persistently high levels of violence that tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with tribal communities as we seek to end this crisis.”

“Addressing crime in Indian country requires a continued, efficient, coordinated law enforcement effort from all levels,” said United States Attorney Robert J. Troester. “Our office is also working closely with tribal governments and local grassroots advocacy groups to make sure law enforcement has access to critical information regarding missing loved ones. We remain committed to work with our local, state, tribal, and federal partners to bring justice to Indian country victims and hold criminal offenders accountable.” 

“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”

“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said DEA Administrator Anne Milgram.  “We know that no community has been spared from these deadly threats and we are committed to keeping tribal communities safe.”

Justice Department Prioritization of MMIP Cases

Last July, the Department of Justice (“DOJ”) announced the creation of the Missing or Murdered Indigenous Persons Regional Outreach Program, which permanently places ten attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions. 

U.S. Attorney’s Office MMIP Initiative

The United States Attorneys in Oklahoma last year issued MMIP Guidelines for Oklahoma, pursuant to Savanna’s Act, which include important provisions for improving law enforcement and justice protocols and enhancing cooperation between agencies, with the goal of having a comprehensive law enforcement strategy to respond to these cases.  Additionally, the Guidelines provide suggested procedures to all law enforcement for investigating missing persons cases, addressing jurisdictional concerns, registering victim protection orders into the National Crime Information Center (“NCIC”), and issuing Amber Alert, Kacey Alert, and Silver Alert notifications through the Oklahoma Highway Patrol. Efforts to utilize and update the database of missing or murdered Indigenous people, through the National Missing and Unidentified Persons System (“NamUs”), which has included active consultation with the 21 federally recognized tribal nations in the District, has been ongoing and is an important part of the overall strategy.

The MMIP Initiative in the Western District of Oklahoma prioritizes identifying and tracking MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorney’s Offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate personnel to address MMIP issues consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and Respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons promulgated in July 2022. In the Western District of Oklahoma, the District’s Senior Counsel for Tribal Relations, Arvo Mikkanen, and Law Enforcement Coordinator, Jim Mogren, have been working with Tribes and law enforcement to identify and track cases involving missing persons and cold-case murder investigations of tribal citizens.

Most recently, on April 27, 2024, the U.S. Attorney’s Office also participated in the “Missing in Oklahoma 2024” public event at the University of Central Oklahoma (“UCO”) Forensic Science Institute in Edmond, Oklahoma. Families and friends of missing persons attended, along with numerous law enforcement agencies from across Oklahoma.  Participants were able to receive information from providers, complete a missing person report, provide additional investigative leads, enter missing persons into the NamUs database, and provide dental records, photos, and family DNA samples to compare to potential remains recovered during investigations.

Not Invisible Act Commission Response

The Justice Department’s work to respond to issues involving MMIP is a Department-wide effort.  Additionally, in March, the U.S. Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s (“NIAC”) recommendations on how to combat cases involving missing or murdered indigenous persons and human trafficking. The NIAC response, announced by Attorney General Garland during a visit to the Crow Nation in Montana, recognizes that more must be done across the federal government to resolve these complicated issues and support prompt and coordinated investigative efforts.

Addressing Violent Crime and the Fentanyl Crisis in Indian Country

As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities—including disproportionate violence against women, families, and children; substance abuse; drug trafficking; and labor and sex trafficking—can influence the rates of persons going missing from Indian country.

Furthermore, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian country and tribal communities, where drug-related overdose death rates for Native Americans exceed the national rate.

As a result, federal law enforcement agencies are ramping up efforts to forge stronger partnerships with tribal, state, and local law enforcement agencies to address violent crime and the distribution of fentanyl into Indian country, which expose already vulnerable communities to greater harm. 

A few recent examples of violent-crime and fentanyl-related prosecutions stemming from Indian country within the Western District of Oklahoma include:

• Kevin Bruce McGuire, 61, of Ardmore, was sentenced to serve life in federal prison for second degree murder in Indian country after he drove while intoxicated and caused the death of another driver in a collision. In determining the sentence, the court considered that since 1990 McGuire has had six previous felony DUI convictions.

• Dustin Ellis, 32, Pamela Payne, 40, Sierra Mandrell, 30, and Nicholas Sweeten, 27, all of Grady County, pleaded guilty for their roles in conspiring to distribute fentanyl that resulted in the death of another person within Indian country,

• Tevin Terrell Semien, 29, and Nicole Leigh Logsdon, 24, of Lawton, pleaded guilty to murder and accessory to murder, after a Native American woman’s body was found in a wildlife refuge,

• Phillip Keith Ray, 45, of Chickasha, was sentenced to serve 25 years in federal prison for killing a man with a cinder block within Indian country,

• Evander Dayle Yanito, 33, of Grady County, was sentenced to serve 10 years in federal prison for child abuse. Yanito admitted to willfully harming an infant, who was transported to a hospital after having trouble breathing.

• Caitlyn Cheyenne Downs, 24, of Stephens County, was sentenced to serve 15 years in federal prison for child abuse. Public record shows Downs failed to protect two children from physical abuse, one of whom died as a result of injuries sustained during the abuse.

Accessing Department of Justice Resources

Over the past year, the Department awarded $268 million in grants to help enhance tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting tribal youth programs, and strengthening victim services in tribal communities.

For additional information about the Department of Justice’s efforts to address MMIP issues, please visit the Missing or Murdered Indigenous Persons section of the DOJ Tribal Safety and Justice website.

Click here for more information about reporting or identifying missing persons.

OKLAHOMA CITY – Ronnie Keith, DO (“Dr. Keith”), paid $60,000 to settle civil penalty claims stemming from allegations that he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Robert J. Troester.

Dr. Keith owns and operates Keith Medical Clinics with locations in Norman and Ardmore, Oklahoma. The United States alleges that from August 10, 2021, through August 10, 2023, Dr. Keith failed to maintain invoices for certain purchases of controlled substances and failed to document the date of receipt on certain receiving invoices. Dr. Keith also failed to maintain an initial inventory of all stocks of controlled substances on hand and failed to take a new inventory biennially. To resolve these allegations, Dr. Keith agreed to pay $60,000 to the United States.

In reaching this settlement, Dr. Keith 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.

Recordkeeping is a vital part of managing controlled substances. Complete and accurate records help avoid diversions and losses of controlled drugs. A registrant who purchases controlled substances must comply with the inventory and purchase record requirements contained in the regulations implementing the Act. Failure to do so subjects the registrant to civil monetary penalties.

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 – James K. Robberson, M.D. (“Dr. Robberson), paid $200,000 to settle civil penalty claims stemming from allegations he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Act”) and its regulations, announced United States Attorney Robert J. Troester.

During the relevant time, Dr. Robberson practiced medicine in Lexington, Oklahoma.  As a registrant under the Act, Dr. Robberson was required to maintain controlled substance records as set forth in the Act and its implementing regulations.

Recordkeeping is a vital part of managing controlled substances.  Complete and accurate records help avoid diversions and losses of controlled drugs.  The record keeping requirements relating to Schedule II controlled substances are particularly vital because Schedule II controlled substances are those having a high potential for abuse that may lead to severe psychological or physical dependence.

The regulations implementing the Act require a registrant seeking to purchase Schedule II controlled substances to fill out the purchaser portion of a DEA Form-222, specify the descriptions and amounts of Schedule II substances being ordered, make a copy for the purchaser’s files, and provide the annotated form to the seller.  When the order is filled, the purchaser is required to annotate his or her copy of the Form-222 with the date of receipt and the quantity or number of bulk containers received.  The purchaser must retain a copy of each executed DEA Form-222.  Failure to comply disrupts the closed system created by the Act, increases the potential for diversion, and subjects the registrant to civil monetary penalties.

The United States alleges that from May 5, 2021, to February 6, 2023, Dr. Robberson failed to maintain DEA Forms 222 for certain purchases of Schedule II controlled substances.  To resolve these allegations, Dr. Robberson agreed to pay $200,000 to the United States.

In reaching this settlement, Dr. Robberson 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 Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.

Organization distributed narcotics throughout the United States

OKLAHOMA CITY – ANTONIO ORTIZ HERRERA, 46, of Edmond, has been sentenced to serve 264 months in federal prison for his role in a drug trafficking organization (DTO) which was responsible for distributing large amounts of methamphetamine and cocaine throughout the United States, announced U.S. Attorney Robert J. Troester.

The sentencing is the culmination of a nearly two-year, nationwide investigation, led by the FBI Oklahoma City Field Office and the Oklahoma City Police Department, with support from IRS Criminal Investigation.

On June 8, 2022, a federal grand jury returned a 14-count Indictment against Ortiz and several other co-defendants for their roles in the DTO. According to public record, co-defendant Victoriano Neri Hernandez, 37, was head of the DTO in Oklahoma, while Ortiz facilitated the distribution of the drugs throughout the country, including to North Carolina and Kentucky. The Indictment alleges the DTO had ties to Mexico, and that the methamphetamine and cocaine would be shipped from Mexico into both Texas and Oklahoma. According to public record, the organization would smuggle the illegal drugs in hidden compartments of camper shells attached to pick-up trucks.

On July 25, 2023, Ortiz pleaded guilty to conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine. As part of his plea, Ortiz admitted to knowingly participating in the conspiracy that distributed both methamphetamine and cocaine throughout the Western District of Oklahoma and elsewhere.

At the sentencing hearing on April 24, 2024, U.S. District Judge Scott L. Palk sentenced Ortiz to serve 264 months in federal prison, followed by five years of supervised release. As part of the sentencing, the court noted the seriousness of the offenses, including the geographic scope of the organization and the quantity of controlled substances, as well as Ortiz’s role in the organization.

In all, nine defendants with involvement in the DTO have been sentenced to serve more than 91 years collectively in federal prison:

-         Victoriano Neri Hernandez – sentenced to serve 288 months in federal prison for drug conspiracy and possession of cocaine with intent to distribute;

-         Cesar Cecilio Perez Rubio – sentenced to serve 108 months in federal prison for distribution of methamphetamine;

-         David Gandara – sentenced to serve 84 months in federal prison for possession of methamphetamine with intent to distribute;

-         Jorge Luis Becerra – sentenced to serve 72 months in federal prison for possession of methamphetamine with intent to distribute;

-         Ruby Jackson – sentenced to serve 72 months in federal prison for conspiracy to possess with intent to distribute 500 grams or more of cocaine;

-         Yoelmmi Franco Sandoval – sentenced to serve 71 months in federal prison for conspiracy to possess with intent to distribute cocaine;

-         Arturo Alberto Gonsen Romo – sentenced to serve 71 months in federal prison for conspiracy to possess with intent to distribute 500 grams or more of cocaine; and

-         Ivan Chanax Aguilar – sentenced to serve 64 months in federal prison for possession of cocaine with intent to distribute.

This case is the result of an investigation by the FBI Oklahoma City Field Office and the Oklahoma City Police Department, with support from IRS Criminal Investigation. Assistant U.S. Attorneys Matthew P. Anderson and Nick Coffey prosecuted the case. This investigation was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Yesterday, EVANDER DAYLE YANITO, 33, of Grady County, was sentenced to serve 120 months in federal prison for child abuse in Indian Country, announced U.S. Attorney Robert J. Troester.

On May 16, 2023, a federal grand jury charged Yanito with child abuse. According to an affidavit filed in support of a criminal complaint, on August 19, 2022, Yanito reported to medical personnel that a two-month-old infant was having difficulty breathing. The infant was transported to a Grady County hospital and later to OU Children’s Hospital, after which law enforcement began an investigation.

While at OU Children’s Hospital, Yanito spoke with members of the Chickasha Police Department and the Oklahoma Department of Human Services, and admitted to causing bodily harm to the infant victim.

On September 13, 2023, Yanito pleaded guilty, and admitted that he willfully injured and harmed the infant victim, and that he was responsible for the infant victim’s health, safety, and welfare.

At the sentencing hearing yesterday, U.S. District Judge Joe Heaton sentenced Yanito to serve 10 years in federal prison, followed by three years of supervised release. In announcing the sentence, the court noted the vulnerability of the infant victim and evidence indicating the infant victim was abused on more than one occasion.

This case is in federal court because Yanito is a citizen of the Navajo Nation and the crime occurred within the boundaries of the Chickasaw Nation.

This case is the result of an investigation by the Chickasha Police Department. Assistant U.S. Attorney Tiffany Edgmon prosecuted the case.

Reference is made to public filings for additional information.

Defendant sexually assaulted victim in her home and car during day-long crime spree

OKLAHOMA CITY – Today, ZACHARY CHARLES FOWLER, 24, of Perry, was sentenced to serve 624 months in federal prison for kidnapping, carjacking, and using a firearm in furtherance of those crimes, announced U.S. Attorney Robert J. Troester.

On September 6, 2022, a federal grand jury returned a three-count Indictment against Fowler, charging him with kidnapping, carjacking, and using and brandishing a firearm during and in relation to a crime of violence. In May 2023, Fowler was tried by a federal jury and found guilty on all counts.

At trial, the evidence showed that Fowler and the victim had previously been in a relationship. Following the end of that relationship, Fowler arrived at the victim’s home in the early morning of March 29, 2022. Fowler broke into the home of his victim, kicked in her bedroom door, wrestled control of a firearm owned by the victim, and sexually assaulted the victim at gunpoint.

The jury also heard testimony that Fowler forced the victim to leave her home at gunpoint and drive him to Corpus Christi, Texas. Throughout the drive, Fowler sexually assaulted the victim again. After arriving in Corpus Christi, the victim was able to escape. Fowler was arrested later the same day by law enforcement in Texas.

“The vile conduct of this defendant, and the trauma he forced upon his victim, are evidence of a clear and present danger in our community that necessitated swift and decisive punishment,” said U.S. Attorney Robert Troester. “While today’s steep penalty will not erase the damage done by Mr. Fowler, we hope it will serve as another step in the healing process for the victim and their family.”  

“Today’s sentence completes the judicial process for Mr. Fowler, who forced his victim into a frightening situation that tormented her both physically and emotionally,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “While the trauma cannot be undone, we hope the victim and this community takes comfort in knowing a violent offender has been taken off our streets.”

At the sentencing hearing today, U.S. District Judge Scott L. Palk sentenced Fowler to serve 52 years in prison, followed by three years of supervised release. In announcing his sentence, Judge Palk noted the “horrific and terrifying” nature of the case and described Fowler’s behavior as “horrendous and dehumanizing”. Judge Palk also noted Fowler’s lack of acceptance of responsibility for his actions.

This case is the result of an investigation by the FBI Oklahoma City Field Office, the Noble County Sheriff’s Office, the Corpus Christi Police Department, and Oklahoma State Bureau of Investigation. Assistant U.S. Attorneys Matthew P. Anderson and Jacquelyn M. Hutzell prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Yesterday, TEVIN TERRELL SEMIEN, 29, of Lawton, pleaded guilty to second-degree murder and illegal possession of a firearm after a previous felony conviction, announced U.S. Attorney Robert J. Troester.

On October 17, 2023, a federal grand jury returned a four-count Indictment against Semien and co-defendant Nicole Leigh Logsdon, 24, also of Lawton. The Indictment charged Semien with one count of first-degree premeditated murder, one alternative count of second-degree murder, and one count of illegally possessing a firearm after a previous felony conviction. Logsdon was separately charged with accessory after the fact to murder.

According to an affidavit filed in support of a criminal complaint against Semien, on May 17, 2023, Karon “Dinkers” Conneywerdy Smith, 68, was found dead in the Wichita Mountains Wildlife Refuge. Investigators searched Smith’s home, which was within Indian Country, and observed blood consistent with a violent struggle. Smith’s vehicle was missing as well. On May 21, 2023, Texas law enforcement observed Smith’s vehicle driving south of Dallas, Texas. Officers attempted to pull the vehicle over, but the vehicle fled at a high speed and eventually crashed into a lake. The two occupants of the vehicle, later identified as Semien and Logsdon, attempted to flee on foot but were apprehended.

Yesterday, Semien pleaded guilty to second-degree murder and being a felon in possession of a firearm. As part of his plea, Semien admitted to deliberately and intentionally killing Smith.

On January 10, 2024, Logsdon pleaded guilty to accessory after the fact to murder and admitted to helping Semien in his attempt to avoid arrest and prosecution.

At sentencing, Semien faces up to life in federal prison and Logsdon faces up to 15 years in federal prison.

This case is in federal court because Smith and Logsdon are enrolled members of the Comanche Nation and the murder occurred within Indian Country.

This case is a result of an investigation by the FBI Oklahoma City, Dallas, and New Orleans field offices; the Oklahoma State Bureau of Investigation; the U.S. Fish and Wildlife Service; the Comanche Nation Police Department; the Comanche County Sheriff’s Office; the Lawton Police Department; the U.S. Marshals Service; the Rice, Texas Police Department; and the Navarro County, Texas Sheriff’s Office. Assistant U.S. Attorney Mark R. Stoneman is prosecuting this case.

The case furthers the Department of Justice’s Missing or Murdered Indigenous Persons efforts to address violence against Native American individuals. More information about this initiative is at https://www.justice.gov/tribal/mmip. 

Reference is made to public filings for more information.

OKLAHOMA CITY – Today, an eight-count Indictment was unsealed, charging MATTHEW ALAN STACY, 44, of Blanchard, CHONG IU PHU, 47, and CHANH IU PHU, 41, both of Edmond, for their roles in facilitating the black-market marijuana industry in Oklahoma, announced U.S. Attorney Robert J. Troester.

On April 2, 2024, a federal grand jury returned an eight-count Indictment, charging Matthew Alan Stacy, Chong Iu Phu (Phu), and Chanh Iu Phu (Chanh) with drug conspiracies. Additionally, the Indictment charges Stacy with one count of maintaining a drug-involved premises, Phu with four counts of maintaining a drug-involved premises, and Chanh with possession of marijuana with intent to distribute.                          

The Indictment alleges that Phu, a real estate broker, and Stacy, an attorney, conspired to aid and abet marijuana traffickers in Oklahoma by making false and fraudulent representations on applications for state licenses to operate marijuana farms—all on behalf of their black-market marijuana trafficker clients. Under Oklahoma law, to own and operate a medical marijuana grow, applicants must obtain a license through the Oklahoma Medical Marijuana Authority (OMMA) and register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs (OBN). Oklahoma law also currently requires that any commercial marijuana grow is at least 75% owned by Oklahoma residents. 

The Indictment alleges that Phu and Stacy helped their clients evade these residency requirements and establish black-market marijuana farms. Court documents allege specific instances where Phu and Stacy either purchased, or facilitated the purchase of, Oklahoma residents’ personal identifying information—which Phu and Stacy then used on applications for OMMA licenses and OBN registrations that they submitted on behalf of persons who did not qualify to serve as majority owners and operators of commercial marijuana grows. The Indictment specifically alleges that straw owners listed by Phu included an employee, as well as Phu’s parents.

The Indictment further alleges that Phu, along with his brother Chanh, served as a one-stop-shop for marijuana traffickers from other states seeking to set up marijuana grows, many of which operated on the black market. In addition to carrying out the alleged ghost-licensing scheme, Phu is charged with using his brokerage firm and network of property-management and property-investment companies to service the housing and/or real estate needs of black-market marijuana traffickers by brokering land sales for them across Oklahoma, renting them land on which to operate their black-market marijuana grows, and renting them residences which served as marijuana stash houses and personal residences of the owners of black-market grows. The Indictment also alleges that Phu and Chanh themselves were directly involved in the operation of black-market grows, and that Stacy rented land to individuals he knew were not licensed to grow, and allowed the black-market operation to operate on his land.

If found guilty, Stacy, Phu, and Chanh all face up to life in federal prison.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

The charges are the result of more than two years of statewide investigations led by the Drug Enforcement Administration – Oklahoma City District Office, the FBI Oklahoma City Field Office, the Internal Revenue Service – Criminal Investigations, with the assistance of Homeland Security Investigations, and OBN.

Assistant U.S. Attorneys Nick Coffey and Elizabeth M. Bagwell are prosecuting the case.

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 the attached Indictment and public filings for more information.

OKLAHOMA CITY – Yesterday, MADINAH MALIKAH MONTGOMERY, 32, of Oklahoma City, pleaded guilty to wire fraud, announced U.S. Attorney Robert J. Troester.

On March 19, 2024, Montgomery was charged by Information with wire fraud. According to the Information, in July 2020 Montgomery claimed to be the owner of a hair and nail salon business located in Oklahoma City. During this time, in response to the COVID-19 outbreak, the Small Business Administration (SBA) temporarily expanded its Economic Injury Disaster Loan program (EIDL), to help small businesses overcome economic hardships brought on by the pandemic.

Yesterday, Montgomery pleaded guilty to wire fraud and admitted to causing an EIDL application to be submitted to the SBA on behalf of her business. She admitted the loan application falsely stated her business had 10 employees and $600,000 in gross revenue over the previous 12 months. Montgomery received $150,000 as a result of this fraudulent application. Montgomery admitted that part of the loan money she received was improperly spent on personal expenses.

In all, Montgomery received $300,000 from the SBA following her fraudulent EIDL applications.

At sentencing, Montgomery faces up to 20 years in federal prison, and a fine of up to $250,000.

This case is the result of an investigation by the United States Secret Service. Assistant U.S. Attorney Bow Bottomly is prosecuting the case.

Reference is made to public filings for additional information.

For further information on Department of Justice response to the pandemic, please visit https://www.justice.gov/coronavirus or https://www.justice.gov/usao-wdok/covid-19-fraud-0.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form

Two Defendants from Nebraska Previously Pleaded Guilty to Their Role in the Armed Bank Robbery

OKLAHOMA CITY – Today, CHRISTIAN DELEON LANE, 36, of Dallas, Texas, pleaded guilty to aiding and abetting an armed bank robbery in the metro, announced U.S. Attorney Robert J. Troester.

On March 21, 2023, a federal grand jury returned a three-count Indictment against Lane and two co-defendants, David John-Matthew Davis, 40, and Paris Kathryn Mace, 30, both of Omaha, Nebraska, for their roles in a metro bank robbery in February 2023. According to an affidavit previously filed in support of a criminal complaint, on February 23, 2023, Davis entered a bank in northwest Oklahoma City armed with a pistol. The affidavit alleges Davis pointed the firearm at multiple employees and ordered them to open the bank’s vault. After Davis filled a bag with money, he left the bank in a car without a license plate. Authorities found the car abandoned in a nearby parking lot, where surveillance video depicted Davis exit the car and get into a blue SUV driven by someone else.

The affidavit further alleges that Mace had rented the blue SUV and that Lane had purchased the abandoned car two days before the robbery. The day after Lane purchased the vehicle, Lane had reported to law enforcement that the car was missing and that he believed it had been stolen, but he declined to file a stolen vehicle report. The affidavit further alleges that surveillance video from an Oklahoma City motel depicted Davis, Lane, and Mace interacting with each other days before the robbery.

Today, Lane pleaded guilty to aiding and abetting armed bank robbery, and he admitted to purchasing the vehicle later used in furtherance of the crime.

Both Mace and Davis previously pleaded guilty in the case.  In October 2023, Mace pleaded guilty to aiding and abetting the armed robbery.  In February 2024, Davis pleaded guilty to armed bank robbery and to possession of a firearm during the bank robbery.  Each defendant, by pleading guilty to the armed bank robbery, faces punishment up to 25 years in federal prison, a $250,000 fine, and restitution to the victim bank.  In addition, Davis faces not less than five years in federal prison and up to life imprisonment, along with a $250,000 fine, for possession of the firearm during the bank robbery.  Davis’s sentence for the firearm count must be served consecutively to his sentence for the armed bank robbery.

This case is the result of an investigation by the FBI Oklahoma City, Dallas, and Omaha Field Offices and the Oklahoma City Police Department. Assistant U.S. Attorneys Wilson D. McGarry and Daniel Gridley are prosecuting the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Croas 1 LLC d/b/a Chiropractic Associates (“Chiropractic Associates”) and Scott Kirkpatrick, D.C. (“Dr. Kirkpatrick”), paid $365,000 to resolve allegations that they wrongfully paid physicians to induce referrals of durable medical equipment (“DME”), resulting in the submission of false claims to the Medicare program, announced United States Attorney Robert J. Troester. In separate agreements Cash Biddle, D.O. (“Dr. Biddle”), and Chad Keeney, D.O. (“Dr. Keeney”), each paid $50,000 to resolve allegations they received remuneration from Chiropractic Associates and/or Dr. Kirkpatrick for the purpose of inducing referrals of Medicare DME orders.    

Chiropractic Associates was an Oklahoma limited liability company that provided chiropractic, medical, and DME services in Ponca City, Oklahoma. Dr. Kirkpatrick is a chiropractic physician licensed to practice in the State of Oklahoma and was the sole member of Chiropractic Associates. Dr. Biddle and Dr. Keeney are osteopathic physicians licensed to practice in the State of Oklahoma.

The United States alleges that from October 2017 through July 2021, Chiropractic Associates and Dr. Kirkpatrick violated the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b (“AKS”) and/or the Physician Self-Referral Law (commonly referred to as the “Stark Law”) by paying remuneration to referring providers for the purpose of inducing referrals of Medicare DME orders. The United States also alleges that Dr. Biddle and Dr. Keeney received such remuneration at certain times.

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a DME supplier from billing Medicare for certain services referred by physicians with whom the DME supplier has an improper financial arrangement, including the payment of compensation that exceeds the fair market value of the services actually provided by the physician. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that physicians’ medical judgments are not compromised by improper financial incentives and instead are based on the best interests of their patients. Claims submitted under the Anti-Kickback Statute and the Stark Law violate the False Claims Act.

To resolve these allegations, Chiropractic Associates and Dr. Kirkpatrick paid $365,000 to the United States, and Dr. Biddle and Dr. Keeney each paid $50,000.

In reaching this settlement, Chiropractic Associates, Dr. Kirkpatrick, Dr. Biddle, and Dr. Keeney did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreements allow the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.

Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case. Investigative assistance was provided by HHS-OIG and HHS-OIG Office of Audit Services.

OKLAHOMA CITY – A federal jury has convicted DONALD EUGENE COOKS, 49, of Oklahoma City, of conspiracy to commit mail theft, possession of stolen mail, and witness tampering, announced U.S. Attorney Robert J. Troester.

On October 3, 2023, a federal grand jury returned a four-count Second Superseding Indictment against Cooks, charging him with conspiracy to commit mail theft, two counts of being in possession of stolen mail, and witness tampering. On March 28, 2024, after a three-day trial, a federal jury found Cooks guilty on all counts.

According to evidence presented at trial, in July of 2022, Cooks and co-defendant IRVIN HERBERT SAWYER, 40, of Norman, conspired together to steal mail from an Oklahoma City Post Office. At the time, Sawyer was employed as a rural carrier associate, and knew the access code to enter the Post Office, which he shared with Cooks. The jury heard testimony that on July 19, 2022, on at least two occasions, Cooks entered the Post Office after hours using the code given by Sawyer.  On the first occasion he successfully stole mail, which he took back to his motel room.  Returning for more, Cooks and another person attempted to steal a large amount of mail, which they loaded into the bed of Cooks’ truck.  However, while still loading the mail, the alarm was tripped and the Oklahoma City Police arrived before the mail could be taken from the parking lot. Cooks fled the scene but was soon detained and arrested.  The investigation quickly led to Cooks’ motel, where Oklahoma City Police found several items of stolen mail in his room and empty mail packaging in the dumpster. The jury heard further testimony that in July of 2023, while in jail, Cooks had a message passed to a government witness attempting to intimidate the witness and keep them from testifying at his trial. 

Following his conviction, Cooks faces up to 35 years in federal prison, and fines totaling up to $1,000,000, at sentencing. Sentencing will be set in approximately 90 days.

On July 18, 2023, Sawyer pleaded guilty to conspiring with Cooks to commit mail theft. Sawyer faces up to five years in federal prison and a fine of up to $250,000.

This case is the result of an investigation by the United States Postal Inspection Service and the Oklahoma City Police Department. Assistant U.S. Attorneys Bow Bottomly and Charles Brown prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Today, MELISSA FIKE, 52, of Owasso, Oklahoma, pleaded guilty to two counts of health care fraud, announced U.S. Attorney Robert J. Troester.

On March 6, 2024, Fike was charged with two counts of health care fraud. According to the Information, in 2018 Fike contracted as a licensed behavioral health practitioner for two Oklahoma counseling service providers, located in Coweta and Tulsa. As a result, Fike was eligible for reimbursement from Medicaid for providing counseling services to Medicaid beneficiaries and would receive a percentage of the reimbursement for each claim. The Information alleges that between October 2018 and September 2020, Fike submitted to the Oklahoma Health Care Authority numerous fraudulent claims for Medicaid reimbursement, resulting in approximately $171,000.00 worth of payments from the Medicaid program.

Today, Fike pleaded guilty, and admitted to submitting Medicaid claims for services she never actually rendered. At sentencing, Fike faces up to 10 years in federal prison and fines totaling up to $250,000 for each count.

“Protecting the integrity of Medicaid is of upmost importance because many of Oklahoma’s most vulnerable citizens depend on these services to be available when they need it,” said United States Attorney Robert Troester. “We are proud to partner with the Oklahoma Attorney General’s Office in our efforts to protect Medicaid funds.”

“I am proud of the tremendous work of my office’s Medicaid Fraud Control Unit in this investigation,” said Oklahoma Attorney General Gentner Drummond. “The Office of the Attorney General takes very seriously our commitment to rooting out Medicaid fraud to ensure taxpayer dollars are used correctly and that bad actors are held accountable.”

This case is the result of an investigation by the Medicaid Fraud Control Unit of the Office of the Oklahoma Attorney General. Assistant U.S. Attorney D.H. Dilbeck is prosecuting the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Earlier this week, MARCARIO EMMITT MARTIN, 36, of Oklahoma City, was sentenced to serve 240 months in federal prison for child sex trafficking, announced United States Attorney Robert J. Troester.

On November 15, 2022, a federal grand jury returned a three-count Indictment against Martin, charging him with child sex trafficking, sex trafficking by force, fraud, or coercion, and being a felon in possession of firearms. According to public record, in February 2021 law enforcement received information regarding Martin sex trafficking a minor victim. Court documents allege that Martin sexually abused the victim, provided the victim with disorienting and painful amounts of controlled substances, and engaged in sex trafficking of the minor for at least a month.

On August 31, 2023, Martin pleaded guilty to Count 1, and admitted he recruited, harbored, transported, and provided a person under 18 knowing the minor would be caused to engage in a commercial sex act.

At the sentencing hearing on Monday, U.S. District Judge Bernard M. Jones sentenced Martin to serve 240 months in federal prison, followed by supervised release for life. In announcing his sentence, the Court noted the seriousness of the offense and Martin’s extensive criminal history. The Court will determine restitution at a later hearing. 

Public record reflects that Martin holds several previous felony convictions in Oklahoma County District Court, including two counts of possession of methamphetamine in case numbers CF-2016-6100 and CF-2016-7275, possession of a stolen vehicle in case number CF-2017-5130, felon in possession of a firearm in case number CF-2017-6285, escape from a penitentiary in case number CF-2018-1229, and endangering others while eluding and trafficking in methamphetamine in case number CF-2021-641.

This case is the result of an investigation by Homeland Security Investigations and the Oklahoma City Police Department. Assistant U.S. Attorney Mary E. Walters and Trial Attorney Gwendelynn Bills of the Department of Justice’s Child Exploitation and Obscenity Section prosecuted the case.

This case is part of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.justice.gov/psc.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Yesterday, PHILLIP NILES MARTIN, 68, of Oklahoma City, pleaded guilty to firearms trafficking conspiracy and to unlawful possession of a machinegun, announced U.S. Attorney Robert J. Troester.

According to an affidavit in a previously filed criminal complaint, Martin was the subject of two previous Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigations for similar conduct. In 2013, Martin received a verbal warning for dealing firearms without a license and was advised that even with a license he could not deal firearms at an Oklahoma City swap meet.  In 2020, he acknowledged receipt of an ATF cease-and-desist letter after a firearm that he had purchased was recovered at a crime scene in Mexico.

The affidavit further provides that in June 2022, ATF received multiple tips that Martin was illegally dealing in firearms at an Oklahoma City swap meet. An investigation revealed that Martin was still dealing firearms without a license and sold firearms at significantly inflated rates – approximately double retail price – without completing the background checks required by law.

Pursuant to a search warrant executed at Martin’s residence, agents seized 194 firearms, a significant quantity of ammunition, approximately $469,520 in cash, and a machinegun conversion device, commonly known as a “switch,” which when installed, converts a semi-automatic weapon into a fully automatic machinegun. Possession of these devices violates federal law. 

On February 16, 2024, Martin was charged by Information with conspiracy to illegally traffic firearms and with unlawful possession of a machinegun.

Yesterday, Martin appeared before United States District Judge Jodi W. Dishman and pled guilty to both counts of the Information.  In entering his plea, Martin specifically acknowledged he knowingly conspired with others to traffic firearms and that he illegally possessed a machinegun conversion device. Martin also agreed to forfeit all 194 firearms, the ammunition, approximately $469,520 in cash, and the machinegun conversion device.

At sentencing, Martin faces up to 25 years in federal prison and fines totaling up to $500,000. The sentencing hearing will take place in approximately 90 days.

This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Danielle M. Connolly is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. This case is also part of “Project Switch Off,” the Western District of Oklahoma’s local implementation of PSN. “Project Switch Off” targets illegal machinegun conversion devices to address the significant danger these illegal devices present and to remove them from our streets. For more information about PSN, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for more information.

OKLAHOMA CITY – Yesterday, ABDUL WARIS AKINSANYA, 26, a Nigerian citizen living in Oklahoma City, was sentenced to serve 18 months in federal prison for conspiring to defraud others, announced U.S. Attorney Robert J. Troester.

On May 4, 2023, Akinsanya was charged by Information with conspiracy to defraud. According to the Information, in May of 2020 Akinsanya opened an account at City National Bank using an alias and a forged passport. The Information alleges that co-conspirators of Akinsanya used a fake persona online to trick a victim from Alabama into sending $2,650 in money orders through the mail. The fraud was carried out using a romance scam, in which fraudsters use fake personas to gain the trust of victims, leading to financial exploitation. Akinsanya later deposited the money orders into the City National Bank account.

On October 12, 2023, Akinsanya pleaded guilty, and admitted to setting up bank accounts under false names, where he would deposit money obtained through romance scams, keeping a percentage of the money for his role in the scheme.

At the sentencing hearing yesterday, U.S. District Judge Joe Heaton sentenced Akinsanya to serve 18 months in federal prison, followed by three years of supervised release, and $2,650 in restitution. In announcing the sentence, the court noted the sophisticated nature of the scheme and the seriousness of the offense.

This case is the result of an investigation by the FBI Oklahoma City Field Office. Assistant U.S. Attorney William Farrior prosecuted the case.

Reference is made to public filings for additional information.

Defendants Were Charged After Troopers Found more than 55,000 Fentanyl-Laced Pills from I-40 Traffic Stop

OKLAHOMA CITY – Yesterday, AMBROCIO ARROYO, 30, of California, was sentenced to serve 200 months in federal prison for possession of fentanyl with intent to distribute, announced U.S. Attorney Robert J. Troester.

On June 21, 2022, a federal grand jury returned a two-count Indictment against Arroyo and three other co-defendants, DESTINY RUBY LOPEZ, 20, DANIEL OCHOA, 32, and KEVIN EARL TOOKS, 38, all of California, charging the four with drug conspiracy and possession of fentanyl with intent to distribute. According to an affidavit in a previously filed criminal complaint, in May 2022 Oklahoma Highway Patrol troopers pulled over two vehicles for speeding violations on I-40 traveling through Beckham County. The vehicles were being driven by Arroyo and Ochoa, with Lopez and Tooks riding as passengers. The Indictment alleges that troopers could smell marijuana coming from both vehicles, which ultimately led OHP troopers to finding approximately 15 pounds of fentanyl-laced pills hidden inside a rear door panel of the car driven by Arroyo.

On November 30, 2022, Arroyo pleaded guilty and admitted to driving through the Western District of Oklahoma with the intention of distributing pills that contained at least 400 grams of fentanyl.

At the sentencing hearing yesterday, U.S. District Judge Jodi W. Dishman sentenced Arroyo to serve 200 months in federal prison, followed by five years of supervised release. In announcing her sentence, Judge Dishman noted the amount of fentanyl seized, stating that the 55,614 fentanyl-laced pills found in the car driven by Arroyo was a significant amount of fentanyl.

The other three defendants have already been sentenced in this case, each pleading guilty to drug conspiracy, with Lopez sentenced to 36 months, Tooks sentenced to 188 months, and Ochoa sentenced to 218 months in federal prison.

This case is the result of an investigation by the Drug Enforcement Agency (DEA) and the Oklahoma Highway Patrol. Assistant U.S. Attorneys Wilson D. McGarry and Travis Leverett prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Earlier this week, CHAD ALLAN QUINNELL, 46, of Colorado, was sentenced to serve 292 months in federal prison for attempted coercion and enticement of a minor, announced United States Attorney Robert J. Troester.

On July 19, 2023, a federal grand jury returned a three-count Indictment against Quinnell, charging him with distribution of child pornography, attempted coercion and enticement of a minor, and travel with intent to engage in illicit sexual conduct. According to public record, in January 2023, Quinnell began communicating with an undercover FBI agent who he believed was a mother of two small children. Quinnell quickly made clear that, if given the opportunity, he intended to sexually abuse the children. Court records also indicate Quinnell shared child pornography with the undercover agent on multiple occasions and traveled to Oklahoma in June 2023, with the intention of sexually abusing the children. He was arrested when he arrived to meet the purported mother and children in Oklahoma City.

“This is yet another example of the FBI’s excellent and proactive efforts to protect our children, and the lengthy sentence will serve to deter those who attempt to abuse the most vulnerable in our society,” said U.S. Attorney Robert Troester. “I praise the work done by both investigators and prosecutors in bringing an end to the abhorrent behavior of this defendant.”   

“Ending the exploitation of children requires quick, decisive action from law enforcement, and that is exactly what this case represents,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Thanks to the dedicated efforts of the FBI and the U.S. Attorney’s Office, we were able to put a stop to Mr. Quinnell’s deplorable crimes before they escalated. His sentencing underscores our commitment to removing child predators from our communities through the federal justice system.”

On August 30, 2023, Quinnell pleaded guilty to Count 2 of the Indictment, and admitted he used a cell phone to attempt to entice a minor to engage in sexual activities.

At the sentencing hearing on Monday, U.S. District Judge Scott L. Palk sentenced Quinnell to serve 292 months in federal prison, followed by supervised release for life. In announcing his sentence, Judge Palk described the communications sent by Quinnell as “some of the most vile communications” in his experience in the court, and that, if Quinnell were allowed to carry out his intentions, a child would face “a lifetime of horror”. The court also noted Quinnell’s prior convictions for meeting a minor for lewd purposes in Butte County, California Superior Court case number CM040575, and failure to comply with sex offender registration requirements in Butte County, California Superior Court case number CM043939.  

This case is the result of an investigation by the FBI Oklahoma City Field Office. Assistant U.S. Attorney Jordan Ganz prosecuted the case.

This case is part of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.justice.gov/psc.

Reference is made to public filings for additional information.

Defendant was Under the Influence of Alcohol During Single Vehicle Wreck, Killing Passenger

OKLAHOMA CITY – Last week, LUIS EMILIO XIVIR-COYOY, 30, of Guatemala, was sentenced to serve 24 months in federal prison for illegal re-entry after prior removal from the United States, announced U.S. Attorney Robert J. Troester.

On October 17, 2023, a federal grand jury charged Xivir-Coyoy with illegal re-entry of a removed alien. According to the Indictment, Xivir-Coyoy was found to be in the United States illegally after he was removed from the United States previously in 2012.

According to public record, in October of 2023, Xivir-Coyoy was the driver of a vehicle that struck a pole and caught fire in Oklahoma City. When first responders arrived, they found a passenger in the backseat of the burning vehicle who was trapped and severely burned. The passenger later died as a result of injuries. Public record further reflects that Xivir-Coyoy fled the scene following the accident, but was arrested a short time later by Oklahoma City Police. Xivir-Coyoy was under the influence of alcohol at the time of the crash and had an outstanding warrant from Oklahoma County for a driving under the influence charge in 2022.  

On November 27, 2023, Xivir-Coyoy pleaded guilty to the federal immigration offense, and admitted he re-entered the United States after prior removal without consent.

On Thursday, February 22, 2024, U.S. District Judge Stephen P. Friot sentenced Xivir-Coyoy to serve 24 months in federal prison. In announcing his sentence, Judge Friot noted the extenuating facts and circumstances of the case and the need for deterrence.

Public records reflect that Xivir-Coyoy has state charges pending in Oklahoma County District Court related to the incident.

This case is the result of an investigation by U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Matt Dillon prosecuted the case.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Four erosion control company owners or managers pleaded guilty to rigging bids and fixing prices as part of a conspiracy targeting a total of over $100 million in publicly funded transportation construction contracts across Oklahoma.

Stanley Mark Smith, a company owner, pleaded guilty today. Roy Henry Heinrich, a former owner and officer of another company, pleaded guilty on December 4, 2023. Ryan Ashley Sullivan, an owner and executive of a third company, pleaded guilty on November 6, 2023. James Travis Feazel, a former operations manager of a fourth company, pleaded guilty on September 26, 2023.

According to court documents filed in the U.S. District Court in Oklahoma City, Smith, Heinrich, Sullivan and Feazel conspired, along with others, to rig bids, fix prices and allocate contracts for erosion control products and services. Starting in 2017, Smith, Heinrich, Sullivan, Feazel and their co-conspirators agreed to raise prices and divvy up contracts across different areas of Oklahoma. As part of this criminal conspiracy, they often sent intentionally high-priced bids or outright refused to bid. Smith — whose company targeted over $42 million worth of contracts as part of the conspiracy — and Feazel — whose company targeted over $50 million worth of contracts — continued conspiring into April 2023. Heinrich — whose company targeted over $7 million worth of contracts — was part of the conspiracy until at least July 2021, and Sullivan was part of the conspiracy until at least April 2019.

“In Oklahoma and across the United States, Americans depend on transportation infrastructure as they travel to work, study, shop and visit family. Protecting fair and open competition for the public contracts that fund this infrastructure has never been more vital,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “These guilty pleas show that the Justice Department and its Procurement Collusion Strike Force partners are committed to investigating and prosecuting anyone who uses criminal schemes to target infrastructure contracts.”

“Protecting fair and open marketplace competition is essential to protect taxpayers and to ensure consumers can trust publicly funded contracts” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Corporate executives who conspire to rig bids and fix prices will be held accountable.  I applaud the detailed work by the investigators and prosecutors in this case.”

“The Department of Transportation Office of Inspector General (DOT-OIG) is committed to ensuring that any activity related to price-fixing or bid-rigging involving federal taxpayer dollars for transportation projects in the State of Oklahoma, or elsewhere, is identified and thoroughly investigated,” said Special Agent in Charge Joseph Harris of DOT-OIG’s Southern Region. “Together with our law enforcement and prosecutorial colleagues, we will continue to use every tool at our disposal to hold these offenders accountable and restore equity to the bidding process.”

“Today’s announcement demonstrates the FBI’s ongoing work to eliminate bid rigging and price fixing, and to hold those conducting these activities accountable for their actions,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “These criminal acts cheat American workers and consumers while harming competitive markets. The FBI is committed to continuing this important work alongside the Justice Department and our law enforcement partners.”

The defendants each pleaded guilty to a violation of Section 1 of the Sherman Act. They each face a maximum penalty of 10 years in prison and a $1 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors.

The DOT-OIG and FBI Oklahoma City Field Office investigated the case.

Trial Attorneys Bethany Lipman, Matthew Grisier and Marc Hedrich of the Antitrust Division’s Washington Criminal II Section and Assistant U.S. Attorney William Farrior for the Western District of Oklahoma are prosecuting the case.

Anyone with information about this investigation or other procurement fraud schemes should notify the Procurement Collusion Strike Force (PCSF) at www.justice.gov/atr/webform/pcsf-citizen-complaint. The Justice Department created the PCSF in November 2019. It is a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. For more information, visit www.justice.gov/procurement-collusion-strike-force.

OKLAHOMA CITY – Today, MARCUS ANGELO BUFORD, 29, of Oklahoma City, was sentenced to serve 300 months in federal prison for two counts of interference with commerce by robbery, and one count of possessing, brandishing, and discharging a firearm in furtherance of a crime of violence, announced United States Attorney Robert J. Troester.

On November 1, 2022, a federal grand jury returned a four-count Indictment against Buford, charging him with two counts of interference with commerce by robbery, a count of possessing and brandishing a firearm during the first robbery, and a separate count of possessing, brandishing, and discharging a firearm during the second robbery. According to public record, on May 25, 2022, Buford robbed two separate Oklahoma City liquor stores, and brandished a firearm during both robberies. During his second robbery, Buford shot the owner of the liquor store in the head before he fled, leaving his victim behind in the parking lot.

On March 28, 2023, Buford pleaded guilty to taking liquor from the two Oklahoma City liquor stores through force, and he admitted to discharging a firearm during the second robbery.

At the sentencing hearing today, U.S. District Judge Charles Goodwin sentenced Buford to serve 300 months in federal prison, followed by five years of supervised release. In announcing his sentence, the court noted Buford’s disregard for human life, and that it was the court’s belief Buford “intended to kill” when he fired his weapon.

This case is the result of an investigation by the FBI Oklahoma City Field Office. Assistant U.S. Attorneys Travis Leverett, Jacquelyn M. Hutzell, and Matthew B. Dillon prosecuted the case.

This case is also part of “Operation Shots Fired.” Operation Shots Fired targets cases involving individuals who discharge firearms as part of their criminal activity, such as drive-by shootings or when shots are fired during robberies, domestic disputes, or other incidents. For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Earlier this week, CAITLYN CHEYENNE DOWNS, 24, of Stephens County, was sentenced to serve 180 months in federal prison for child abuse in Indian Country, announced U.S. Attorney Robert J. Troester.

On December 7, 2022, a federal grand jury returned a three-count Indictment against Downs, charging her with murder in the second degree and two counts of child abuse. The Indictment alleges that between May 11, 2022, and September 20, 2022, Downs willfully failed to protect two minor children from harm or threatened harm and that Downs was responsible for the health, safety, and welfare of the children.

According to public record, Downs left three minor children in the care of another adult on several occasions in 2022, and willfully ignored warning signs that the adult was physically abusive toward the children. In September 2022, one of the children died as a result of a head injury sustained during such abuse. 

On August 29, 2023, Downs was charged by a one-count Superseding Information with child abuse, to which she pleaded guilty.

This case is in federal court because Downs is a citizen of the Choctaw Nation of Oklahoma and the crime occurred within the boundaries of the Chickasaw Nation.

At the sentencing hearing on Wednesday of this week, U.S. District Judge Stephen P. Friot sentenced Downs to serve 180 months in federal prison, followed by five years of supervised release. In announcing the sentence, the court noted the seriousness of the offense, adding that Downs was “appallingly dismissive” when she was alerted the children were continuously being abused in 2022.

This case is a result of an investigation by the FBI Oklahoma City Field Office and the Duncan Police Department. Assistant U.S. Attorney Tiffany Edgmon and Special Assistant U.S. Attorney Kaleigh Blackwell are prosecuting the case.

Reference is made to public filings for more information.

OKLAHOMA CITY – Yesterday, STEVEN NEEL HARRY, 62, of Oklahoma City, was sentenced to serve 327 months in federal prison for attempted coercion and enticement of a minor to engage in sexual activity, announced United States Attorney Robert J. Troester.

On April 18, 2023, a federal grand jury returned a two-count Indictment against Harry, charging him with attempted coercion and enticement of a minor and commission of a felony sex offense by an individual required to register as a sex offender. According to court records, in September 2022, Harry started communicating with an undercover law enforcement officer. During those conversations, Harry made clear that he was a registered sex offender and discussed meeting an individual at a hotel in Oklahoma City to engage in sexual activity with a person whom Harry believed was a 12-year-old girl. In March 2023, Harry then coordinated to meet with the “girl” at an Oklahoma City metro motel, where he was arrested. Harry had brought with him to the meeting a leather mask, leather restraints, a hammer, and other items.

“This abhorrent and vile behavior has absolutely no place in our society and will not be tolerated,” said U.S. Attorney Robert Troester. “The swift action by law enforcement and decisive punishment of more than 27 years in prison will ensure that this predator will not harm—or even attempt to harm—innocent children for many years. I applaud the work done by the FBI and prosecutors in my office to hold Mr. Harry accountable and bring him to justice.

“Identifying and stopping child predators before they strike is a critical part of the FBI’s mission,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “This sentencing reflects the hard work, dedication, and partnership between the investigators and the prosecution team to ensure the most innocent members of our community are protected.”

On May 31, 2023, Harry pleaded guilty to Count 1, and admitted to using an electronic device to set up a sexual encounter with a minor.

At the sentencing hearing yesterday, U.S. District Judge Charles Goodwin sentenced Harry to serve 327 months in federal prison, followed by a lifetime term of supervised release. In announcing his sentence, Judge Goodwin noted that Harry “fully intended to torture and rape” a child, and that the “most severe punishment” is needed for deterrence and to protect the public. Judge Goodwin also noted Harry’s criminal history. Public records reflect Harry has felony convictions for possession of a machine gun and being a drug addict in possession of firearms in Western District of Oklahoma case number CR-98-60, travel with intent to engage in a sexual act with a minor in Western District of Texas case number CR-02-71, possession of a machine gun in Western District of Oklahoma case number CR-03-13, and failure to comply with the Sex Offender Registration Act in Oklahoma County District Court case number CF-17-6413. Following Harry’s conviction for travel with intent to engage in a sexual act, he was required to register as a sex offender.

This case is the result of an investigation by the FBI Oklahoma City Field Office. Assistant U.S. Attorneys Allison B. Christian and Brandon Hale prosecuted the case.  

This case is part of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.justice.gov/psc.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Earlier this week, OLAJUWON MARKEEZES HOPGOOD, 29, of Oklahoma City, was sentenced to serve 36 months in federal prison for making a false statement during the attempted purchase of a firearm, announced U.S. Attorney Robert J. Troester.

On April 3, 2023, Hopgood was charged by Information with making a false statement during the attempted purchase of a firearm. According to an affidavit in a previously filed criminal complaint, on December 28, 2022, the Bethany Police Department received a call from the owner of a local sporting goods store regarding suspicious individuals at his business. When Bethany police officers arrived, Hopgood was in the process of filling out paperwork for the National Instant Criminal Background Check System (ATF Form 4473) in order to purchase a firearm, but he fled the business when he noticed the officers. As presented in open court, an investigation into Hopgood and his associates – including several juveniles – indicates that the group was preparing to rob the sporting goods store.

The complaint further alleges that when Hopgood left the business, he left behind the completed ATF Form 4473, on which he indicated he had never been convicted of a felony or a crime for which he could be imprisoned for more than one year.

Public record reflects that Hopgood has sustained multiple felony convictions, including burglaries in the first and second degree in Oklahoma County District Court case number CF-2011-4195, as well as pointing a firearm at another person and possession of a firearm after a former conviction of a felony in Oklahoma County District Court case number CF-2015-2826.

On May 19, 2023, Hopgood pleaded guilty and admitted that he made a false statement on the form despite his prior felony convictions.

At the sentencing hearing on Tuesday of this week, U.S. District Judge Charles Goodwin sentenced Hopgood to serve 36 months in federal prison, followed by an additional three years of supervised release. In announcing the sentence, the court noted the nature and circumstances of the offense and Hopgood’s violent background.

Federal law prohibits knowingly making any false statement in connection with purchasing, or attempting to purchase, a firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) requires prospective firearm buyers to complete ATF Form 4473. This Form requires buyers to answer several questions, including those about the buyer’s competency, criminal history, drug use, immigration status, and history with domestic violence. Applicants who knowingly make false statements may also face criminal prosecution for a felony and up to 10 years in federal prison. Federal Firearms Licensees (FFLs), who sell or transfer a firearm to a prohibited person, allow a straw purchaser to buy a gun for someone else, or fail to keep proper records of who they sell firearms to may also face criminal prosecution. Before attempting to purchase a firearm, prospective buyers who have eligibility concerns should visit www.atf.gov or contact their local ATF field office.

This case is the result of an investigation by the ATF and the Bethany Police Department. Assistant U.S. Attorney Danielle M. Connolly prosecuted the case.

This case is also part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime.  For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for additional information.

Oklahoma City, Oklahoma – OU Medicine Inc. d/b/a OU Health (“OU Health”), paid $140,000 to settle civil penalty claims stemming from allegations it violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Act”) and its regulations, announced United States Attorney Robert J. Troester.

OU Health has owned and operated the OU Health Pharmacy – OU Health Physicians Building (“Pharmacy”) located in Oklahoma City, Oklahoma, since July 16, 2022.  The Pharmacy provides controlled substances to patients and in the past provided controlled substances to physician clinics within the OU Health system.

Recordkeeping is a vital part of managing controlled substances. Complete and accurate records help avoid diversions and losses of controlled drugs. The regulations implementing the Act require a registrant seeking to purchase Schedule II controlled substances to fill out the purchaser portion of a DEA Form-222, specify the descriptions and amounts of Schedule II substances being ordered, and provide the annotated form to the seller.  The seller then must complete its portion of the DEA Form-222 at delivery, ensuring the substance identifications and quantities match those ordered.  Failure to comply can result in civil monetary penalties.

The United States alleges that from November 16, 2020, through August 1, 2022, the Pharmacy accepted blank-signed DEA Form-222s from purchasers in violation of federal regulations.  The Pharmacy, not the purchaser, entered on the forms the descriptions and amounts of Schedule II substances being ordered.  To resolve these allegations, OU Health agreed to pay $140,000 to the United States.

In reaching this settlement, OU Health 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.

Man Illegally Possessed Machinegun Conversion Device, Firearm, and Methamphetamine for Distribution

OKLAHOMA CITY – TRAVELLE LAMONT LATHAN, 30, of Oklahoma City, has been sentenced to serve 163 months in federal prison for illegally possessing a firearm after a previous felony conviction, possession of methamphetamine with intent to distribute, and possession of a machinegun, announced U.S. Attorney Robert J. Troester.

According to public record, Oklahoma City Police Officers responded to a domestic violence 911 call in November 2022.  During the investigation, officers recovered more than 195 grams of methamphetamine, several rounds of ammunition, and a handgun from Lathan’s apartment. An agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives determined the firearm had been modified with an illegal machinegun conversion device, commonly known as a “switch”, which converted the semi-automatic weapon into a fully automatic machinegun.

Public record further reflects that Lathan holds multiple prior felony convictions, including possession of marijuana with intent to distribute and attempting to elude an officer in Cleveland County District Court case number CF-2018-1045, and Trafficking in Drugs and Unlawful Use of a Weapon in St. Louis, Missouri, case number 1722-CR-1881-01.

On December 7, 2022, a federal grand jury returned a five-count Indictment against Lathan, charging him with being a felon in possession of a firearm, possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, possession of a machinegun, and felon in possession of ammunition.

On May 5, 2023, Lathan pleaded guilty to counts 1, 2, and 4 of the Indictment, and admitted to possessing methamphetamine which he intended to distribute, and the handgun which had been modified with a switch to operate as a machinegun.

At the sentencing hearing, U.S. District Judge Scott L. Palk sentenced Lathan to serve 163 months in federal prison. In announcing his sentence, Judge Palk noted the significance of Lathan possessing the machinegun along with a 50 round drum and a pistol-caliber ballistic vest and also took into account the domestic assault.

This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Oklahoma City Police Department. Assistant U.S. Attorney Daniel Gridley prosecuted the case.

This case is part of “Operation 922” and “Project Switch Off”, the Western District of Oklahoma’s local implementation of Project Safe Neighborhoods, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. “Operation 922” prioritizes prosecution of federal firearms violations connected to domestic violence. “Project Switch Off” targets illegal machinegun conversion devices, commonly known as “switches”, to address the significant danger these illegal devises present, and to remove them from our streets. For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for additional information.

OKLAHOMA CITY – United States Attorney Robert J. Troester, Anand Ramlall, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG), and David Thompson, Special Agent in Charge of the United States Secret Service (USSS) Oklahoma City Field Office, are warning the public of a new scam utilizing fake court documents, fake government correspondence, and false charges under COVID relief programs to solicit “preemptive bail” payments. 

With this scam, imposters pose as law enforcement officers and send text messages to a target recipient.  These messages may include images of fake federal court documents that falsely assert criminal fraud charges against the recipient arising from the Paycheck Protection Program and/or the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  The fake federal court notice may also advise the target that they can avoid arrest by paying “preemptive bail bond.”

In addition to fake federal court documents, the scam may involve images of fake correspondence from the FDIC OIG and FDIC Legal Division which purports to explain the “preemptive bail opportunity.”

The public is reminded that if you receive any communication purportedly from the U.S. Attorney’s Office, the FDIC OIG, or the federal court asking for sensitive personal information, or demanding payment through gift cards, wire transfers, or digital currency – DO NOT TRANSMIT MONEY OR SHARE PERSONAL INFORMATION.  Instead, the public is encouraged to contact the appropriate authorities with the information below..

“These fraudsters utilize fear and pressure tactics to create a sense of urgency in their victims and often prey on the most vulnerable in our society,” said U.S. Attorney Robert Troester. “If you are contacted by someone who demands payment or private information, do not engage. Instead, report the incident to law enforcement.” 

“Scammers such as these may use the FDIC or FDIC OIG logo and seal to make their demand for funds appear legitimate” said FDIC OIG Special Agent in Charge Anand Ramlall. “The FDIC OIG reminds the public that the FDIC and FDIC OIG will not send unsolicited correspondence that requests sensitive personal information or demands payment through gift cards, wire transfers, or digital currency. Such correspondence should be reported to the FDIC OIG hotline.”

“Criminals constantly find ways to use technology and communication platforms to commit fraud.  The Secret Service is at the forefront of both combating financial fraud and educating the public about financial fraud,” said USSS Oklahoma City Field Office Special Agent in Charge David Thompson. “Please contact the Secret Service if you are a victim of a scam or if you have information regarding such scams.”

If you have been a victim of a related scams or would like additional information on identifying similar scams and how to report them, please refer to the following:

• FDIC OIG Hotline at https://www.fdicoig.gov/oig-hotline or 1-800-964-FDIC. The OIG reviews all allegations and will investigate a matter in appropriate circumstances. Individuals contacting the Hotline via the website can report information openly, confidentially, or anonymously.  Please also see https://www.fdicoig.gov/sites/default/files/document/2022-08/oigimpersonationscamflyer.pdf.

• USA.gov website “Scams and Fraud” at https://www.usa.gov/scams-and-fraud which will help identify where to report different types of scams.

• United States Courts website on Federal Court Scams at https://www.uscourts.gov/about-federal-courts/federal-courts-public/federal-court-scams.

• United States Secret Service Oklahoma City Field Office at 405-272-0630 or visit the U.S. Secret Service website at https://www.secretservice.gov/.   

• United States Attorney’s Office for the Western District of Oklahoma at 405-553-8700.

OKLAHOMA CITY – Earlier this week, THOMAS LAVERNE BROWN, 50, of Norman, was sentenced to serve 57 months in federal prison for making a false statement during the attempted purchase of a firearm, announced U.S. Attorney Robert J. Troester.

On January 17, 2023, a federal grand jury returned a four-count Indictment against Brown, charging him with making a false statement during the attempted purchase of a firearm, two counts of possession of an unregistered firearm, and possession of firearms by a prohibited person. The Indictment further alleges that in August 2022, Brown was found in possession of several firearms. On June 6, 2023, Brown pleaded guilty to making a false statement during the attempted firearm purchase.

According to public record, on August 20, 2021, Brown was charged with felony domestic assault and battery by strangulation in Cleveland County District Court case number CF-2021-1139.  Public record further reflects that on October 6, 2021, a protective order had been issued against Brown in Cleveland County District Court case number PO-2021-328.  That protective order was effective through October 6, 2026. In July 2022, Brown then attempted to purchase a firearm at a Norman pawn shop. Under federal law, it is illegal to receive a firearm while under indictment for a felony or possess a firearm while subject to a protective order. In connection with that attempted purchase, Brown filled out paperwork for the National Instant Criminal Background Check System and falsely indicated on the paperwork that he was not under indictment for a felony or subject to a protective order.

At the sentencing hearing on January 29, 2024, U.S. District Judge Stephen P. Friot sentenced Brown to serve 57 months in federal prison, followed by three years of supervised release. In announcing the sentence, the court noted the nature and circumstances of the offense and the need to promote respect for the law.

This case is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Wilson D. McGarry prosecuted the case.

This case is also part of “Operation 922.” Operation 922 is the Western District of Oklahoma’s implementation of Project Safe Neighborhoods, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. “Operation 922” prioritizes prosecution of federal crimes connected to domestic violence. For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.

Reference is made to public filings for additional information.

OKLAHOMA CITY – Today, REYES LUIS HOLGUIN, 31, of Phoenix, Arizona, pleaded guilty to assaulting a federal officer, announced U.S. Attorney Robert J. Troester.

On November 7, 2023, a federal grand jury charged Holguin with assault on a federal officer or employee involving physical contact. According to public record, in August 2023 Holguin was a temporary inmate at the Federal Transfer Center in Oklahoma City when he assaulted a federal corrections officer.

At a change of plea hearing today, Holguin pleaded guilty to physically assaulting a federal corrections officer, after Holguin had entered the office of a corrections officer without permission.

At sentencing, Holguin faces up to eight years in federal prison and a fine of up to $250,000.00.

This case is the result of an investigation by the Bureau of Prisons Special Investigative Services. Assistant U.S. Attorney Bow Bottomly is prosecuting the case.

Reference is made to public filings for additional information.

Clean Water Act Settlement Addresses July 2022 Crude Oil Pipeline Rupture into Oklahoma’s Skull Creek

OKLAHOMA CITY – Today, the Justice Department and Environmental Protection Agency (EPA) announced that Holly Energy Partners-Operating L.P. and Osage Pipe Line Company LLC have agreed to pay $7.4 million in Clean Water Act civil penalties and implement corrective measures to settle claims stemming from a pipeline rupture and crude oil spill from the Osage pipeline onto land owned by members of the Sac and Fox Nation in Oklahoma. In addition to payment of the civil penalties, the settlement requires that the two companies complete the cleanup and remediation of the impacted area and take additional steps to prepare for and prevent future spills.

“Oil companies have a responsibility to prevent harmful oil spills, and today’s settlement demonstrates that those who violate this duty will be held accountable under the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We appreciate the Sac and Fox Nation’s steady involvement in monitoring the cleanup efforts for environmental, natural resource, and cultural resource impacts and respect the Nation’s efforts to be caring stewards of lands owned by its members.”

“The pipeline spill in this case dumped nearly 300,000 gallons of crude oil, contaminating Skull Creek and severely hampering water quality and the aquatic environment in the creek,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “EPA and its federal partners are requiring the oil companies who caused the spill to restore Skull Creek, operate safely, and take steps to prevent future spills.”

“Safeguarding Oklahoma’s natural resources is of the utmost importance for future generations,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “My office remains committed to furthering environmental justice by ensuring those responsible for oil spills remediate and rectify the impacts to our communities and tribal partners.”

“The Sac and Fox Nation is a strong partner in conserving and protecting the environment and natural resources. EPA worked closely with the Nation to keep its environmental staff and leadership updated during the response and cleanup of the Osage Pipeline spill,” said EPA Region 6 Administrator Dr. Earthea Nance. “Today’s settlement is an important step in holding the company accountable for the impacts to Skull Creek and other potential effects.”

The United States filed its Complaint today in the U.S. District Court for the Western District of Oklahoma along with the notice of lodging of a proposed Consent Decree to resolve the case. In the Complaint, the United States alleges that the two related Dallas-based companies are liable under the Clean Water Act for the crude oil spill that occurred on July 8, 2022. Osage Pipe Line Company owns the 135-mile-long, 20-inch-diameter pipeline that transports crude oil from a tank farm in Cushing, Oklahoma, to the HollyFrontier refinery in El Dorado, Kansas. Holly Energy Partners-Operating is the operator of the pipeline.

The Complaint alleges the spill occurred when a segment of the pipeline ruptured adjacent to Skull Creek about five miles north of Cushing. From the point of the discharge, Skull Creek flows about three more miles before entering the Cimarron River. The pipeline was operating at the time of the rupture and discharged about 300,000 gallons (7,110 barrels) of crude oil into the creek. The land where the rupture occurred, and the adjacent downstream parcel that the creek runs through, are both allotment lands owned by members of the Sac and Fox Nation.

The companies, the EPA, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), the Department of the Interior’s Bureau of Indian Affairs, and the Sac and Fox Nation responded to the rupture and spill. The companies are continuing cleanup work in Skull Creek under the oversight of the EPA, and the pipeline was returned to operation at reduced pressure under the oversight of PHMSA through its corrective action authority. The Sac and Fox Nation deployed tribal monitors to observe the companies’ work at the spill site and monitor for impacts to natural and cultural resources. 

In addition to payment of the civil penalties in the proposed Consent Decree, the companies will be required to complete the cleanup and remediation of the impacted area, improve their pipeline integrity management program, provide additional training for all their control room operators, and expand their spill notification efforts for tribal governments with land interests within the footprint of the pipeline. The penalties and remedial measures required by the proposed Consent Decree are in addition to the costs the companies have incurred to clean up the oil spill.

Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the navigable waters of the United States or adjoining shorelines, the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act in quantities that may be harmful to the environment or public health. The penalties for this spill will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate victims for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances.

The Justice Department’s Environmental Enforcement Section lodged the consent decree with the U.S. District Court for the Western District of Oklahoma. The proposed Consent Decree is subject to a 30-day public comment period and court review and approval. A copy of the proposed Consent Decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.

Former Army Manager also sentenced to federal prison for accepting bribes to favor hotel

OKLAHOMA CITY – This month, ALFRED PALMA, 65, of Duncan, and CANDY HANZA, 51, of Medicine Park, were each sentenced to serve time in federal prison for bribery, announced U.S. Attorney Robert J. Troester.

On May 3, 2023, a federal grand jury returned a twelve-count Indictment against Palma and Hanza. According to the Indictment, Palma, a United States Army employee and public official, was the manager of the Institutional Training Directed Lodging and Meals (ITDLM) program at Fort Sill, through which he booked hotel rooms for soldiers who attended off-post trainings. Hanza worked as the general manager of a local hotel in Lawton. The Indictment alleges that Hanza paid Palma bribes to direct soldiers to Hanza’s hotel.

In July 2023, Palma and Hanza pleaded guilty to the bribery scheme. Palma pleaded guilty to receiving bribes totaling $103,200.00 from Hanza in return for favoring the hotel at which Hanza worked as general manager. Palma further admitted that he used the cash bribes to purchase money orders from Walmart, which he later deposited into his personal checking account, along with the checks that Hanza gave him. Hanza pleaded guilty to paying a bribe to Palma as a public official.

At a sentencing hearing on January 19, 2024, U.S. District Judge Patrick R. Wyrick sentenced Hanza to serve 18 months in federal prison.

At a sentencing hearing on January 25, 2024, Judge Wyrick sentenced Palma to serve 29 days in federal prison, followed by eleven months in home confinement. In announcing Palma’s sentence, Judge Wyrick emphasized the importance of general deterrence in public corruption cases, noting that when people in positions of public trust accept bribes then there is a cost to the government and to society.

A restitution hearing for both defendants will be held at a later date.

This case is the result of an investigation by the United States Army Criminal Investigation Division, the Department of Defense Contract Audit Agency, and the Defense Criminal Investigative Service. Assistant U.S. Attorney Julia E. Barry is prosecuting the case.

Reference is made to public filings for additional information.

Defendant Ordered to Pay $12,000 in Restitution to Victims

OKLAHOMA CITY – ALEXANDER WILLIAM SANTIAGO, 26, of Earlsboro, has been sentenced to serve 30 years in federal prison for sexual exploitation of a child and possession of child pornography, announced U.S. Attorney Robert J. Troester.

On March 9, 2023, a federal grand jury returned a Superseding Indictment against Santiago, charging him with sexual exploitation of a child and possession of child pornography.

In April 2023, Santiago was tried by a federal jury and found guilty on both counts. Evidence presented at trial indicated that in July 2021, authorities with the Pottawatomie County Sheriff’s Office became aware of Santiago sexually abusing a minor. Following Santiago’s arrest, agents with Homeland Security Investigations (HSI) executed a federal search warrant of his cell phone and discovered thousands of images and videos depicting child pornography, including images that Mr. Santiago produced using the minor he had sexually abused.

“The stiff punishment cannot undo the damage done to the innocent child victims, but it will certainly keep this defendant from harming other children,”  said U.S. Attorney Robert J. Troester. “This sentence should also serve as a warning to those who seek to sexually exploit children that such despicable behavior will not be tolerated in a civilized society.  I commend law enforcement and the prosecutors who work these difficult and challenging cases.”

“This sentence is proof that this defendant’s deviant behavior of victimizing children will not go unpunished,“ said Robert Melton, Assistant Special Agent in Charge, HSI Dallas - Oklahoma, and Texas Panhandle Division. “Thanks to the assistance of the Pottawatomie County Sheriff’s Office, this predator is behind bars, preventing him from ever abusing a child ever again.”

At the sentencing hearing on January 26, 2024, U.S. District Judge Patrick R. Wyrick sentenced Santiago to serve 30 years in federal prison, followed by supervised release for life, and $12,000 in restitution. Judge Wyrick also ordered Santiago to pay $16,700.00 in special assessments to funds that assist victims of sexual exploitation. In announcing his sentence, Judge Wyrick noted the “vile, horrifying” images found on Santiago’s phone, adding that “our most vulnerable members of society were taken advantage of” as a result of Santiago’s actions. 

This case is the result of an investigation by HSI and the Pottawatomie County Sheriff’s Office. Assistant U.S. Attorneys D.H. Dilbeck and Brandon Hale prosecuted the case.

This case is the result of an investigation by the Tornado Alley Child Exploitation Task Force. Members of the Task Force in the Western District of Oklahoma include Homeland Security Investigations, Oklahoma State Bureau of Investigations, Oklahoma Highway Patrol, Oklahoma City Police Department, and Comanche County Police Department. The Tornado Alley Child Exploitation Task Force is an implementation of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse.  PSC 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 PSC, please visit www.justice.gov/psc.