District of South Carolina

WASHINGTON – One member and two associates of the Wildboys gang were sentenced today in federal court in Charleston, South Carolina, after each pleaded guilty to attempted murder in aid of racketeering for their roles in retaliation attacks against a rival gang.

The announcement was made by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon, Jr. of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Chief Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry B. Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division.

U.S. District Court Judge Richard M. Gergel sentenced Brian Manigo, aka “B-Nasty,” of Green Pond, South Carolina, to 10 years in prison; Damien Robinson, aka “Sacked Up,” also of Green Pond, South Carolina, to 10 years in prison; and Kelvin Mitchell, aka “Kevy Boy,”of Ruffin, South Carolina, to 39 months in prison, after each pleaded guilty to attempted murder in aid of racketeering.

According to court documents, all three defendants were members or associates of the Wildboys gang, a violent street gang that originated in the Green Pond area of Walterboro, South Carolina. From 2009 to 2015, Wildboys gang members used Facebook and YouTube to communicate with each other; threaten rival gang members and the police; flaunt gang colors, tattoos, and hand signs; and post photographs and videos depicting firearms, large amounts of cash, and what purported to be controlled substances.  Gang members also engaged in violent criminal activities, including robberies of convenience stores, attempted murders of rival gang members, and narcotics trafficking. The Wildboys gang was also, for a time, aligned with another violent street gang called the “Cowboys” that originated out of the Brittlebank, or Eastside, area of Walterboro, South Carolina. In addition to sharing a common interest in posting threats and photographs depicting firearms, large amounts of cash, and what purported to be narcotics on Facebook and YouTube, the Wildboys and the Cowboys gangs shared common enemies. These shared interests resulted in shootings aimed at rival gang members, which left innocent by-standers seriously injured.

Manigo and Mitchell were sentenced for their roles in a May 14, 2011, retaliation shooting aimed at a rival gang member. While Mitchell drove the vehicle, Manigo retrieved an AK-47 rifle from the trunk of the car and fired multiple shots at the gang member who was standing in a crowd of individuals. An innocent by-stander sustained serious bodily injury as a result of the shooting.

Robinson was sentenced for his role in the April 7, 2015, retaliation drive-by shooting aimed at members of a rival gang. Robinson was the driver of the vehicle containing two other members of the Wildboys gang. As Robinson drove past the residence of the known rival gang members, the two passengers fired multiple shots at the home using an AR-15 and an SKS rifle. Robinson gave the AR-15, which belonged to him, to his fellow gang member to use during the shooting. The shooting resulted in serious bodily injury to an innocent victim inside the residence.

As part of the sentence, Manigo, Mitchell and Robinson were ordered to serve a term of three years of supervised release and to pay the costs of medical care for the victims.

A fourth member of the Wildboys, Joshua Manigault, who pleaded guilty to the April 7, 2015, shooting, has yet to be sentenced.

Devin Brown, who was also charged in the indictment, is scheduled for a jury trial to begin on June 26.  The charges against Brown contained in the indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.

The case was investigated by the ATF in Charleston, South Carolina, in partnership with the Walterboro Police Department; Colleton County Sheriff’s Office; Charleston County Sheriff’s Office; Dorchester County Sheriff’s Office; Summerville Police Department; Fourteenth Judicial Circuit Solicitor’s Office; First Judicial Circuit Solicitor’s Office; South Carolina Department of Probation, Parole and Pardon Services; and the South Carolina Law Enforcement Division.

The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Tameaka A. Legette, Special Assistant U.S. Attorney from the Fourteenth Judicial Circuit Solicitor’s Office, Bluffton, South Carolina.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jordan Akeem McDaniel, 28, of St. Stephen, South Carolina, was sentenced to a total of two hundred and eight-eight months imprisonment for the armed robbery of Orvin’s Insurance Agency in St. Stephens.  McDaniel pled guilty in November 2015, to one count of Robbery Affecting Interstate Commerce and one count of Brandishing a Firearm in Furtherance of a Crime of Violence.   The Robbery charge carries up to 20 years imprisonment; the Brandishing charge carries a mandatory sentence of 7 years imprisonment, to be served consecutive to any other sentence. 

Information presented at McDaniel’s guilty plea established that McDaniel waited outside Orvin’s Insurance Agency around closing time, and when an employee exited the business McDaniel forced him back in at gunpoint.  There, he forced the employee to the floor and held other employees at gunpoint.  McDaniel then took cash and checks that were kept at the business.  Information at McDaniel’s sentencing established that McDaniel had been released from prison in June 2012.  Three months after his release, McDaniel committed Voluntary Manslaughter in September 2012, and then two months later, in December 2012, committed the armed robbery of Orvin’s Insurance Agency.  United States District Judge Richard M. Gergel imposed the sentence.

The conviction and sentence are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Berkeley County Sheriff’s Office.  Assistant United States Attorney Nathan Williams of the Charleston office prosecuted the case.         

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Columbia, South Carolina ---- United States Attorney Beth Drake stated that Richard Herman Roach, III, age 28, of Camden, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented in court during the guilty plea hearing established that at approximately 2:35 am on July 2, 2016, a deputy with the Kershaw County Sheriff’s Department tried to stop a speeding vehicle on Highway 34. The vehicle failed to stop and a chase ensued during which the vehicle reached speeds up to 100 mph. After the driver lost control trying to make a turn and the vehicle ended up in a ditch, the deputy approached and noticed Roach, the driver and sole occupant, reaching underneath the seat. After removing Roach from the vehicle, the deputy found a loaded Ruger .45 caliber pistol in the front area of the vehicle and a small bag of marijuana in Roach’s front pants pocket. Roach was placed under arrest for state charges. While in transport to the detention center, Roach escaped from deputies, but was apprehended shortly thereafter using a K-9 tracking team.

Roach is prohibited under federal law from possessing firearms and ammunition based upon his prior federal conviction for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 5 grams or more of crack cocaine and his prior state conviction for forgery.  At the time of the incident, Roach was on supervised release for the federal drug conspiracy conviction after previously serving time. 

Roach faces a maximum of ten years imprisonment, a fine of $250,000, and three years of supervised release on the felon in possession of a firearm and ammunition charge. Roach also faces a revocation of his federal supervised release sentence.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kershaw County Detention Center and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

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Columbia, South Carolina----United States Attorney Beth Drake announced today that Aaron Vennefron of Hamilton, Ohio, pled guilty to his role in a conspiracy involving theft of government funds. Vennefron admitted that he and another man conspired to defraud the government by creating fraudulent invoices for payment of what appeared to be goods needed for work at the Mixed Oxide Fuel Fabrication Facility at the Savanah River Site. He further admitted that no goods were ever received and that the loss in the case was over $4,000,000.00.

The sentencing date will be set after the court reviews a pre-sentence report.

The case was investigated by Special Agents with the U.S. Department of Energy, Office of Inspector General and the Federal Bureau of Investigation. Assistant United States Attorney John Potterfield is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Danielle Nicole Burroughs, age 35, of Duncan, was sentenced today in federal court in Columbia for Conspiracy to Commit Mail Fraud, a violation of 18 U.S.C. § 1349.  She received 14 months incarceration and was ordered to pay $2.8 million in restitution.  United States District Judge Mary J. Lewis of Columbia determined the sentence.  Co-conspirators Gary Lee Joiner, age 56, and Timothy Weldon Arthur, age 39, both of Columbia, were sentenced on May 15th.  Joiner was sentenced to two years’ incarceration and ordered to pay over $2.8 million in restitution.  Arthur was sentenced to five years’ probation and ordered to pay $685,000 in restitution. 

Evidence presented at the change of plea hearing established that Joiner was the Director of Orthopedic Services for Moore Orthopedic Clinic between 2006 and 2015.  In 2010, when Moore Orthopedic merged with Providence Hospital, Joiner established a fake durable medical equipment (DME) company, Creative Casting Concepts (CCC).  He then proceeded to submit false invoices to Moore and Providence, representing that CCC was providing orthopedic boots, when they were not. 

Burroughs was recruited by Joiner to put her name on CCC in order to keep Moore Orthopedic from learning of Joiner’s connection.  She helped manage a bank account and post office box and received approximately $191,000 in compensation over five years.  Arthur took Joiner’s position at Moore Orthopedic in January 2015, when Joiner retired.  Arthur agreed to continue to submit fake invoices.  He received approximately $24,000 in compensation before the scheme was discovered in June 2015.  Overall, Joiner submitted $2.8 million in bogus invoices between 2011 and 2015.

The case was investigated by agents of the Federal Bureau of Investigation.  Assistant United States Attorney Winston David Holliday, Jr. of the Columbia office prosecuted the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Maurice Darnell Geter, a/k/a “Rease”, age 35, of Columbia, South Carolina, was sentenced in federal court in Columbia, South Carolina, for possession of a firearm during a violent crime or drug trafficking crime, a violation of 18 U.S.C. § 924(c).  United States District Judge Mary Geiger Lewis of Columbia sentenced Geter to 262 months (21.8 years) incarceration followed by 5 years of supervised probation.  Geter was also sentenced to 2 years’ incarceration for violation of a previous term of supervised probation.  Both sentences to run concurrently.

Evidence presented at the change of plea hearing established that on January 26, 2015, the Columbia Police Department utilized a confidential informant to make a purchase of crack cocaine and a gun from Geter.  The informant was given money to make the purchases from Geter.  The informant called and arranged to meet Geter at a bus station.  When the informant arrived, Geter got into the car and directed him to a residence. 
When they arrived at the location, Geter exited the vehicle to get the gun.  He returned a short time later with a gun that he gave  to the informant without the gun magazine.  When the informant asked Geter for the magazine, Geter initially refused.  The informant also asked Geter for some crack cocaine.  Geter gave him a small amount of crack and the informant asked for more but Geter did not bring it with him.  The informant told Geter to call him when he got more crack and refused to buy the crack. 

After discussing the issue about the gun, Geter agreed to provide the magazine for the gun.  Geter took the gun and exited the car again.  When he returned, he had the gun and the magazine.  Geter ejected one of the bullets from the gun and began to wipe off his fingerprints.  The informant told Geter that he did not need to do this.  Geter got anxious and yelled at the informant.  Geter then racked the slide of the gun, pointed it at the informant, and told him that someone is going to get shot.  Geter then demanded all of the informant’s money and attempted to take the informant’s cellphone.  The informant refused to give Geter his cellphone.  Geter got out of the car and continued to order the informant to give him his cellphone.  When he refused, Geter walked away and left with the money and the gun.  

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Columbia Police Department.  Assistant United States Attorney William K. Witherspoon of the Columbia office prosecuted the case.

This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Adam Tyler Shrader, age 22, of Lancaster, South Carolina, was sentenced today in federal court in Columbia to conspiracy to straw purchase a firearm, a violation of 18 U.S.C. § 371. United States District Judge Mary Geiger Lewis, of Columbia, sentenced Shrader to 21 months in federal prison followed by 2 years of supervised probation. 

Evidence presented at the change of plea hearing established that on October 21, 2014, a Lancaster County deputy met with Lillie Mae Govea about her pistol being stolen.  According to Govea, someone had stolen her pistol out of the trunk of her car.  She indicated that the only person who had been in the trunk of the car was her boyfriend, Adam Tyler Shrader.  

The officer then contacted Shrader who told the officer that a friend of his named "Nick" had asked Govea to purchase a pistol for him.  Nick gave Govea and Shrader the money and told them to make the purchase at a named local gun store.  Govea and Shrader agreed.  

Govea indicated that during the entire drive to the gun store, Shrader was on the telephone asking for directions.  When they got to the store, Shrader showed her a picture of a specific pistol that had been previously advertised by the store.  However, the store did not have the pistol in stock so they purchased a different pistol and ammunition instead. 

On the way back home, Shrader was talking to someone on the telephone and told him they would be returning shortly.  When they returned, a male that Govea did not know approached them, gave her additional money for the pistol and took the pistol out of the car.  Shrader told Govea to wait three (3) days to report the pistol stolen in case Nick did something "bad" with it.  Govea waited less than one (1) day to report the pistol stolen.  The pistol was later found in the possession of a convicted felon during a search by another police jurisdiction.  Govea previously had pled guilty and was sentenced on the same charge.    

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lancaster County Sheriff’s Department.  Assistant United States Attorney William K. Witherspoon of the Columbia office is prosecuting the case.

This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.

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Greenville, South Carolina ---- United States Attorney Beth Drake stated today that Jimmy Brown, Jr., age 39, of Greenville, South Carolina, entered a guilty plea before United States District Court Judge Bruce Howe Hendricks, this week, in Greenville, SC.  Mr. Brown pled to counts for Felon in Possession of a Firearm and Ammunition, in a violation of 18 U.S.C. § U.S.C. 922(g)(1);  Possession with Intent to Distribute a Quantity of Cocaine Base, in violation of 21 U.S.C § U.S.C. 841(b)(1)(C); and Possession of a Firearm During the Commission of a Drug Trafficking Crime, in violation of 18 U.S.C § U.S.C. 924(c)(1)(A).  Judge Hendricks accepted the guilty plea and will impose a sentence after review of the presentence report, as will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Mr. Brown was approached by Greenville County Sheriff’s Office deputies around 12:39 a.m., September 3, 2015, at a commercial venue off White Horse Road.  Mr. Brown resisted efforts by law enforcement to investigate the circumstances of his presence there, and a subsequent and significant physical altercation ensued.  During that altercation, a 9mm semi-automatic pistol fell from Mr. Brown’s possession.  In addition to the firearm, Mr. Brown was found in possession of 3.3 grams of crack cocaine and approximately $1,767.00 in cash.  He had previously served 15 years for a state voluntary manslaughter conviction.

Ms. Drake stated the maximum penalty for Felon in Possession of a Firearm and Ammunition is imprisonment for 10 years and/or a fine of $250,000; the maximum penalty for Possession with Intent to Distribute Cocaine Base is imprisonment for up to 20 years and/or a fine of $1,000,000; and the maximum penalty for Possession of a Firearm During the Commission of a Drug Trafficking Crime is imprisonment for life and/or a fine of $250,000.

The case was investigated by the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Assistant United States Attorney Joe Brewer of the Greenville office is prosecuting the case.

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United States Attorney Beth Drake stated today that on May 23, 2017, a Federal Grand Jury in Florence, South Carolina, returned Indictments against the following:

Man Indicted for Illegally Reentering the United States After Being Deported.   Jose Alberto Nava-Reyes, age 34, of Horry County, South Carolina, was charged in a one-count indictment with illegally reentering the United States after previously being deported, a violation of Title 8, United States Code, Section 1326(a).  The maximum penalty Nava-Reyes could receive is a fine of $250,000.00 and 10 years imprisonment.  The case was investigated by the Immigration and Custom Enforcement – Enforcement Removal Operations.  The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.

Three Myrtle Beach Men Indicted for Conducting an Illegal Gambling Business.   Lawson Mangum, age 65, Anthony Todd, age 47, and  Herbert Todd, age 49, all of Myrtle Beach, South Carolina, were charged in a one-count indictment with conducting an illegal gambling business, a violation of Title 18, United States Code, Section 1955.  The maximum penalty Mangum, Todd and Todd could receive is a fine of $250,000.00 and 5 years imprisonment.  The case was investigated by the State Law Enforcement Division and ICE-Homeland Security Investigations.  The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.

2 Florence Women Indicted for Conspiracy to Steal Mail and to Make Counterfeit Checks and Bank Fraud.   Crystal Lynn Norris, age 26, and  Emerald Jade Schamburek, age 18, both of Florence, South Carolina, were charged in a two-count indictment with stealing mail, and making forged and counterfeit checks, a violation  of Title 18, United States Code, Section 371.  Norris was also charged with bank fraud, a violation of Title 18, United States Code, Section 1344. The maximum penalty Norris and could receive is a fine of $1,000,000.00 and 30 years imprisonment.  The maximum penalty Schamburek could receive is a fine of $250,000.00 and 5 years imprisonment.  The case was investigated by the Florence County Sheriff’s Office and the United States Postal Inspection Service.  The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Johnny Willie Jones,  age 30, of Columbia, South Carolina was sentenced today in federal court in Columbia for felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). United States District Judge Mary Geiger Lewis, of Columbia, sentenced Jones to 84 months in federal prison followed by 3 years of supervised probation.

Evidence presented at the change of plea hearing established that on January 31, 2016, Jones was involved in a verbal altercation at a halfway house in Columbia. Under the rules of the halfway house, females are not allowed in the males’ rooms.  The manager of the home confronted Jones about having a female in his room.  A verbal altercation turned physical between Jones, the manager and her daughter.  After it became physical, Jones stated, “I got something for you” and went up to his room and retrieved a sawed off shotgun, went back downstairs and shot in the direction of the two females.  Both females were unharmed.  Jones then left the halfway house after the police were called.  The police found the shotgun in a lot behind the house.  Jones fled the scene and was arrested in Arizona.  Jones had previously been convicted of kidnapping and two (2) counts of armed robbery and, therefore, was prohibited from possessing a firearm.

The case was investigated by agents of the Federal Bureau of Investigations and Columbia Police Department.  Assistant United States Attorney William K. Witherspoon of the Columbia office is prosecuting the case.

This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.

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Greenville, South Carolina ---- United States Attorney Beth Drake stated today that Daniel Neil Alexander, age 49, of Anderson, SC, was sentenced in federal court, in Greenville, SC, by United States District Judge Bruce Howe Hendricks.  Mr. Alexander had previously pled guilty to Conspiracy to Possess with the Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Section 846.  Judge Hendricks sentenced Alexander to 100 months imprisonment on that count. 

Evidence presented at the change of plea hearing established that Mr. Alexander had helped to coordinate the distribution of methamphetamine, out of Georgia, from his co-defendant to individuals living in South Carolina and North Carolina.  Mr. Alexander had aided the distribution of more than 5000 grams of methamphetamine over a four-month period.   

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Assistant United States Attorney Joe Brewer of the Greenville office handled the case.     

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Bartolome Olivar-Barrera, age 40, of El Salvador, has entered a guilty plea in federal court in Columbia, to  Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a)(2) and (b).  United States District Chief Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Olivar-Barrera was encountered by agents from ICE-Homeland Security Investigations on February 4, 2017, at the Lexington County Detention Center in Lexington, SC,  after he was arrested for Driving Under the Influence. He was using the alias “Ever Hernandez “ when arrested but an investigation revealed his true name and that he is a citizen of El Salvador. It was also determined that Olivar-Barrera had been convicted of Common Law Robbery in 1998 in North Carolina while using the alias “ Jose Gomez-Olivar”. He had been deported on May 30, 1999, using this alias, pursuant to an order of removal then re-entered the United States without permission.

Ms. Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 20 years and/or a fine of $250,000.

The case was investigated by agents  from ICE-Homeland Security Investigations.  Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.

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Columbia, South Carolina –--- United States Attorney Beth Drake announced today that Juran Maghi Witherspoon, age 18, of Charlotte, was sentenced on a charge stemming from his involvement in the pre-dawn break-in and theft of firearms from The Gun Shop in Simpsonville in October of 2016.  Judge Bruce Howe Hendricks, of Charleston, sentenced Witherspoon to 30 months in the Bureau of Prisons and ordered him to pay over $48,000 in restitution.

Witherspoon was previously indicted on December 13, 2016, by a federal grand jury.  Prior to his indictment, Witherspoon was arrested on federal arrest warrants in early November for the offense and has remained in custody, detained without bond, since that date. 

The facts presented by AUSA Bill Watkins at the guilty plea hearing established that on October 13, 2016, at approximately 2:52 a.m., a burglary occurred at The Gun Shop and Indoor Range, a federal firearms licensee, located at 622 NE Main Street, Simpsonville, South Carolina, 29681. Surveillance camera footage from the store depicted a minivan driving though the front of the store and then three subjects (one of which was Witherspoon), wearing hooded sweatshirts, gloves and carrying bags, entering the store.  Witherspoon and his associates used a sledge hammer and a baseball bat to break the glass from display cases containing firearms before loading handguns into the bags.  The three men were in the store for just under one minute before they fled in a getaway car and abandoned the van at the scene.  A subsequent inventory of the missing guns revealed that a total of forty-three (43) handguns had been stolen to include various models of Auto Ordnance, Bersa, Glock, Ruger, Sig Sauer, Smith & Wesson, Springfield Armory and Taurus firearms. The van was identified as a white Chrysler Town & Country which had been reported stolen from Denver, North Carolina. 

Ms. Drake also thanked law enforcement for the excellent police work: “The Simpsonville and Charlotte police, ATF, and the Lincoln County Sheriff, they pulled together to solve this one.  Working together for safer communities is what it’s about.”

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the assistance and cooperation of the Simpsonville Police Department, Charlotte Mecklenburg Police Department and the Lincoln County (North Carolina) Sheriff’s Department.  The case has been assigned to Assistant United States Attorney Bill Watkins and First Assistant United States Attorney Lance Crick for prosecution.  The investigation is still ongoing. 

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Martin Saquic-Larios, age 24, of Guatemala, has entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a)(2) and (b).  United States District Chief Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

 

Evidence presented at the change of plea hearing established that Martin Saquic-Larios was encountered by agents from ICE-Homeland Security Investigations on January 26, 2017 at the Sumter-Lee County Detention Center in Sumter, after he was arrested for Forgery and Identity Fraud. An investigation revealed that Saquic-Larios is a citizen of Guatemala. He had been deported on October 9, 2013 pursuant to an order of removal then re-entered the United States without permission.

 

U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 20 years and/or a fine of $250,000.

 

The case was investigated by agents from ICE-Homeland Security Investigations.  Assistant United States Attorney William E. Day, II, of the Columbia office, is prosecuting the case.

 

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Columbia, South Carolina ---- United States Attorney Beth Drake stated that Lance Hardiman, Justin Pressley, and Rodrick Berklery of Longs, South Carolina, were charged in a 8-count federal indictment arising from the armed takeover of the South State Bank in North Myrtle Beach on May 4, 2016, and the ensuing high speed chase and exchange of gun fire that followed. 

Hardiman, Pressley, and Berklery were charged with conspiracy to commit Hobbs Act robbery, a violation of Title 18, United States Code §1951; armed bank robbery, a violation of Title 18, United States Code §2113; two counts of use and discharge of a firearm in furtherance of a crime of violence, a violation of Title 18, United States Code §924(c); obstruction of justice/witness tampering, a violation of Title 18, United States Code §1512; and, possession of a firearm with an obliterated serial number, a violation of Title 18, United States Code §922(k).  Hardiman and Pressley were also charged with felon in possession of a firearms counts, a violation of Title 18, United States Code §922(g).  The maximum penalty the defendants could receive is a sentence of life and if convicted of the two counts of using and discharging a firearm in furtherance of a crime of violence, the defendants face a mandatory 35 years, consecutive to all other sentences. 

The case was investigated by agents of the FBI , North Myrtle Beach Police Department, SLED, and Horry County Police Department.  The case is assigned to Assistant United States Attorneys Jim May and JD Rowell of the Columbia office, as well as Special Assistant United States Attorney Scott Hixson from the 15th Circuit Solicitor’s Office for prosecution.

The United States Attorney stated that all charges in this indictment are merely accusations and that the defendant is presumed innocent until and unless proven guilty.

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Columbia, South Carolina ----- United States Attorney Beth Drake announced today a settlement with the Richland County Board of Elections & Voter Registration to ensure accessibility of polling sites to persons with disabilities.

The agreement requires the Richland County Board of Elections and Voter Registration (Board) to ensure that every polling site is accessible to persons with disabilities by the 2018 primary election. The Richland County Board of Elections and Voter Registration will provide training to all precinct coordinators on how to install and maintain any temporary equipment and accessibility items, such as wheelchair ramps, accessible parking or the placement of mats over thresholds.  On Election Day and during early-voting periods, the Richland County Board of Elections and Voter Registration must maintain in working order all facilities and equipment, including lifts, elevators and ramps, necessary to make polling sites accessible to individuals with disabilities.

The Richland County Board of Elections and Voter Registration cooperated with the U.S. Attorney’s Office to voluntarily reach the settlement agreement, which became effective on May 22, 2017, eliminating the need for a lawsuit.

“The right of individuals to participate in our democratic system of government includes full and equal access to polling sites,” said U.S. Attorney Drake. “This agreement represents an important step toward guaranteeing voting access to all of our citizens.”

In 2016, the Richland County Board of Elections and Voter Registration oversaw 150 polling sites.  Pursuant to the ADA, all polling places must be accessible to voters with disabilities. In the June 2016 primary elections, the U.S. Attorney’s Office and Department of Justice reviewed more than 50 polling places in Richland County and concluded that many have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments. 

In response to the U.S. Attorney’s Office’s initial findings, the Richland County Board of Elections and Voter Registration expressed its commitment to making all polling locations accessible to voters with disabilities.  The Board made some improvements by the November 2016 election, and continued to make improvements prior to the Settlement Agreement becoming finalized. 

Title II of the ADA prohibits public entities, such as the Richland County Board of Elections and Voter Registration, from discriminating against people with disabilities in their programs, services, and activities.  With respect to polling places, public entities are required to select and use polling places that are accessible.  To learn more about the ADA and other laws protecting the rights of voters with disabilities, log on to www.ada.gov/ta-pubs-pg2.htm or call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Ray Anthony Kelly, age 55, of Spartanburg, pled guilty this morning in federal court in Anderson to possession of ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  United States District Judge Timothy M. Cain accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.  Kelly, a previously convicted felon who is prohibited from possessing firearms or ammunition, faces a statutory maximum sentence of 10 years in federal prison. Kelly was arrested on federal firearms charges on June 16, 2016, and has remained in custody since his federal arrest.

Evidence presented at the change of plea hearing this morning established that on June 6, 2016, members of the Spartanburg Police Department (SPD) responded to a call regarding shots-fired in the parking lot of an auto repair store on John White Boulevard.  When SPD officers arrived and began to process the scene, they recovered eight .9mm shell casings and interviewed multiple individuals present at the location.  Based on those interviews, SPD officers determined that an earlier argument between two individuals in the parking lot led to an exchange of gun fire.   Officers learned that during that exchange, Kelly returned fire, firing 9mm shots from a firearm.  A firearm was not recovered however, as earlier noted, .9mm shell casings were collected by SPD.  On June 9, 2016, during an interview with SPD officers, Kelly admitted to possession of the ammunition during the shooting.

Kelly was arrested federally as a part of “Operation Real-Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community.  In addition to the Spartanburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Real Time’s core partners include the Greenville Police Department, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 7th Circuit Solicitor’s Office, the 10th Circuit Solicitor’s Office, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office.  Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 100 defendants and seizure of approximately 115 firearms as well as assorted ammunition from prohibited persons.

U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office adopting the case, “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”

The Spartanburg Police Department along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.

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Columbia, South Carolina --- United States Attorney Beth Drake announced today that Deshawn Earl Chestnut, age 24, Matthew DeWitt, age 27, and Stacy Cambas, age 30, pled guilty on Tuesday, May 16, 2017, to participating in a drug conspiracy that operated in the Florence, Charleston, and Myrtle Beach areas of South Carolina.  Timothy Singletary, age 22, also pled guilty on May 4, 2017, to participating in this drug conspiracy.  Their respective convictions subject them to up to 20 years imprisonment.

Assistant U.S. Attorney Andy Moorman, lead Organized Crime and Drug Enforcement Task Force (OCDETF) Attorney for the District of South Carolina, noted that the prosecution is another OCDETF effort advanced in concert with local, state, and federal law enforcement.  OCDETF is a program administered by the Department of Justice that targets large scale, multi-state drug trafficking organizations.

Moorman told the Court during proceedings that these Defendants, working with other co-defendants, distributed heroin, cocaine, and/or marijuana to customers in Florence and Myrtle Beach.

The investigation has targeted members of the Billie East Side Bloods, a set of the United Blood Nation, and others who formed an agreement to distribute heroin, fentanyl, cocaine, and marijuana in South Carolina, and to traffic in and possess firearms for the purpose of advancing the drug conspiracy. 

The investigation is being conducted by the FBI, the DEA, the Horry County Sheriff’s Office, the Horry County Police Department, the Myrtle Beach Police Department, the North Myrtle Beach Police Department, the 15th Circuit’s Drug Enforcement Unit, and the Georgetown Police Department.  The charges filed against the defendants in this operation are being prosecuted by Assistant US Attorneys Andy Moorman and Lauren Hummel. 

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Columbia, South Carolina --- United States Attorney Beth Drake announced today that Sergio Smith, age 31, was sentenced today in federal court to 12 years imprisonment followed by 10 years of supervised release.  Smith was a member of a drug trafficking organization that operated for approximately 13 years in multiple states, including South Carolina, Louisiana, Alabama, Georgia, and Texas.  During the course of the conspiracy, members of the conspiracy distributed millions of dollars’ worth of cocaine, crack cocaine, and marijuana.

This prosecution was part of the US Attorney’s Office’s Organized Crime and Drug Enforcement Task Force (OCDETF) efforts.  OCDETF is a program administered by the Department of Justice that targets large scale, multi-state drug trafficking organizations.

Smith worked for co-defendant Walter Lee, and distributed cocaine and crack cocaine in Anderson, South Carolina.  Moorman told the Court during proceedings that Smith’s prior criminal history, his participation in the conspiracy, and his conduct after his arrest warranted a lengthy prison sentence.

During the course of the investigation, law enforcement seized in excess of $1.5 million in U.S. Currency, over 5 kilograms of cocaine, quantities of marijuana and crack cocaine, and numerous firearms.

The Drug Enforcement Administration, the Internal Revenue Service, the Anderson County Sheriff’s Office, the Anderson Police Department, the Greenville County Sheriff’s Office, the Greenville Department of Public Safety, the Cherokee County Sheriff’s Office, the South Carolina Highway Patrol, the Richland County Sheriff’s Office, the South Carolina Law Enforcement Division, the Franklin County (GA) Sheriff’s Office, and the Douglas County (GA) Sheriff’s Office investigated the case.  Assistant US Attorneys Andy Moorman, Bill Watkins, and Jeanne Howard of the Greenville office prosecuted the case.

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Columbia, South Carolina---- United States Attorney Beth Drake announced today that Peter Allen Murphy, age 33, from Mullins, South Carolina, was sentenced in federal court in Florence, South Carolina, for Possession With Intent to Distribute and Distribution of Heroin, in violation of 21 U.S.C. § 841(a)(1), and Possession of a Firearm by a Prohibited Person, in violation of 18 U.S.C. § 922(g).  United States District Judge R. Bryan Harwell, of Florence, sentenced Murphy to 60 months imprisonment followed by three years of supervised released.

Evidence presented at the change of plea on January 9, 2017, and at the sentencing hearing established that, beginning in 2015, the Marion County Drug Unit (MCDU) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were investigating illegal drug activity complaints concerning Murphy. As a result, agents made several controlled purchases of illegal drugs from Murphy. In March 2016, agents made a controlled purchase of heroin and as well as a firearm from Murphy at an apartment complex in Marion, South Carolina. Murphy was previously convicted of a felony offense and prohibited from possessing the firearm that he sold.

The case was investigated by agents from the Marion County Drug Unit (MCDU) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Christopher D. Taylor of the Florence office prosecuted the case.

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United States Attorney Beth Drake stated today that, a Federal Grand Jury in Columbia, South Carolina, returned Indictments against the following:

Varnville Woman Charged with Embezzlement of Postal Funds.  Cherrie Moore, age 40, of Varnville, SC, was charged in a 1-count Indictment with Misappropriation of Funds by a Postal Employee in violation of 18 U.S.C. § 1711.  The maximum penalty that Moore could receive is 10 years imprisonment and a $250,000 fine.  The case was investigated by agents of the Postal Inspection Service, and it is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.

Summerville Woman Charged with Embezzlement of Postal Funds.  Brittany Rollison, age 26, of Summerville, SC, was charged in a 1-count Indictment with Misappropriation of Funds by a Postal Employee in violation of 18 U.S.C. § 1711.  The maximum penalty that Rollison could receive is 10 years imprisonment and a $250,000 fine.  The case was investigated by agents of the Postal Inspection Service, and it is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.

Eutawville Woman Charged with Theft of Mail by a Postal Employee.  Michelle Craven, age 34, of Eutawville, SC, was charged in a 1-count Indictment with Theft of Mail by a Postal Employee in violation of 18 U.S.C. § 1709.  The maximum penalty that Craven could receive is 5 years imprisonment and a $250,000 fine.  The case was investigated by agents of the Postal Inspection Service, and it is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jessica A. Dishinger, age 22, of Simposonville, pled guilty today in federal court in Anderson, to passing counterfeit currency, a violation of Title 18, United States Code, Section 472.  United States District Judge J. Michelle Childs, of Columbia, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office. 

Evidence presented at the change of plea hearing established that in 2016 and 2017, Dishinger passed counterfeit money at various businesses in the upstate.  She targeted grocery stores and department stores.  She used the counterfeit money to purchase gift cards and other items.   

Ms. Drake stated the maximum penalty Dishinger can receive is a fine of $250,000 and/or imprisonment for 20 years, plus a special assessment of $100. 

The case was investigated by agents of the U.S. Secret Service, the Greenville County Sheriff’s Office, the Greenville City Police Department, the Greer Police Department, the Simpsonville Police Department, and the Easley Police Department.   Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Retta Helms Sundblad, age 60, of Easley, was sentenced today in federal court in Greenville for mail fraud, a violation of 18 U.S.C. §§ 1341 and 2.  United States District Judge J. Michelle Childs, of Columbia, imposed sentence of 51 months’ imprisonment and ordered Retta Sundblad to pay $280,000 in restitution. 

Evidence presented at the change of plea and sentencing hearing established that Retta Sundblad worked as the purchasing manager for Griffin Thermal Products (“GTP”), a Greenville County business that manufactures high-end, custom-made radiators. During an internal audit in December 2014, GTP determined that beginning in or about 2012 a large number of invoices had been submitted to GTP by a business named Upstate Industrial Services, LLC (“Upstate Industrial”).  GTP discovered that Upstate Industrial had never provided any products or services and that the Upstate Industrial invoices were fictitious.  A template for Upstate Industrial invoices was found on the work computer of Retta Sundblad.  Upstate Industrial was formed by Richard Sundblad, Retta’s husband who has already been sentenced to 41 months in the Bureau of Prisons, and he deposited numerous GTP checks into a bank account that he and his wife controlled.  The stolen money enabled the Sundblads to purchase cars, a motor coach, and to generally live a lavish lifestyle.   

The case was investigated by agents of the Greenville County Sheriff’s Office and the United States Postal Inspection Service.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Gary Lee Joiner, age 56, and Timothy Weldon Arthur, age 39, both of Columbia, were sentenced in federal court in Columbia for Conspiracy to Commit Mail Fraud, a violation of 18 U.S.C. § 1349.  Joiner was sentenced to two years’ incarceration and ordered to pay over $2.8 million in restitution.  Arthur was sentenced to five years’ probation and ordered to pay $685,000 in restitution.  United States District Judge Mary J. Lewis, of Columbia, determined the sentences.  Co-conspirator Danielle Nicole Burroughs, age 35, of Duncan, will be sentenced on May 30th.

Evidence presented at the change of plea hearing established that Joiner was the Director of Orthopedic Services for Moore Orthopedic Clinic between 2006 and 2015.  In 2010, when Moore Orthopedic merged with Providence Hospital, Joiner established a fake durable medical equipment (DME) company, Creative Casting Concepts (CCC).  He then proceeded to submit false invoices to Moore and Providence, representing that CCC was providing orthopedic boots, when they were not. 

Burroughs was recruited by Joiner to put her name on CCC in order to keep Moore Orthopedic from learning of Joiner’s connection.  She helped manage a bank account and post office box and received approximately $191,000 in compensation over five years.  Arthur took Joiner’s position at Moore Orthopedic in January 2015, when Joiner retired.  Arthur agreed to continue to submit fake invoices.  He received approximately $24,000 in compensation before the scheme was discovered in June 2015.  Overall, Joiner submitted $2.8 million in bogus invoices between 2011 and 2015.

The case was investigated by agents of the Federal Bureau of Investigation.  Assistant United States Attorney Winston David Holliday, Jr. of the Columbia office is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that  Noah Sigalas, age 21, of Sullivan’s Island, South Carolina, was indicted by a federal grand jury on charges of damaging and defacing an archaeological resource (Fort Sumter) in violation of the Archeological Resources Protection Act, a violation of Title 16, United States Code, Section 470ee(a) and committing a depredation against property of the United States by forcibly pulling on a support pole or support bar which was stabilizing part of a casemate wall along the north flank of Ft. Sumter, causing damage in excess of $1,000, a violation of Title 18, United States Code, Section 1361.       

United States Attorney Beth Drake stated that protecting the archeological resources of our district is important.  “One of the main purposes of the Archeological Resources Protection Act was to provide for the enforcement of penalties against those who loot or vandalize valuable archeological resources.  Prosecuting cases under this Act helps to send a message to those who visit our national parks that these historical locations should be preserved rather than vandalized.”

Ben Byrnes, Chief Ranger of Visitor and Resource Protection for Fort Sumter National Monument, said that law enforcement for the Parks Service vigorously investigates potential violations of law and takes acts of vandalism very seriously.  He noted that the Fort system is a valuable resource for history and culture, and for learning for students.  “The personal significance of Fort Sumter may be different for many people – but it is one of this country’s most recognized National Monuments. Fort Sumter’s construction began in 1829, and the brick Fort was unfinished when it was fired upon April 12, 1861 – starting the American Civil War.  The Fort, reduced in size after years of war, retains many of its original bricks, made in the Low Country by enslaved African Americans.  In fact, 90% of the bricks visitors see at the Fort today are original bricks.  Seeing those unique and original bricks when you visit Fort Sumter is a powerful and humbling experience.  These are not cast concrete blocks that are easily replaced.  There is no machine to make ‘new’ handmade bricks from prior to 1860.  Destroying any part of Fort Sumter brick is like literally erasing a page from the history of the United States.”

Acting Park Superintendent Laura Segars praised the work of the National Park Service investigators in investigating the case.  She said that the Park Service was increasing its law enforcement presence in the local parks to prevent pilfering, theft, and vandalism.  She noted that sometimes people steal bricks from the Fort, which is a federal crime. 

Regarding potential penalties Sigalas faces, for a violation of 18 U.S.C. § 1361 (depredation of property of the United States), the potential penalty is a term of imprisonment of 10 years, a fine of $250,000.00, a term of supervised release of 3 years and a special assessment of   $100.00.  For a violation of 16 U.S.C. § 37022(a) (the Archeological Resources Protection Act), the potential penalty is a term of imprisonment of 2 years, a fine of $20,000.00, a term of supervised release of 3 years and a special assessment of $100.

Assistant United States Attorney Sean Kittrell is prosecuting the case and Special Agent Chris Schrader, from the Investigative Services Branch of the National Park Service, is the lead investigator.

The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Sidney Davis, age 46, of Denmark, South Carolina was sentenced today in federal court in Columbia, South Carolina, for possessing a firearm after being convicted of a felony, a violation of 18 U.S.C. § 922(g)(1) and possession of a stolen firearm, a violation of 18 U.S.C. § 922(j).  United States District Judge J. Michelle Childs of Columbia sentenced Davis to 45 months incarceration followed by 2 years of supervised release and a special assessment of $200.00.

Evidence presented at the change of plea hearing established that on September 13, 2014, a 2-year old child died as a result of a single gunshot wound to his chest.  The child was shot at Davis’ home.  According to Davis, several children had entered his home through the unlocked back door.  Davis stated he often provided food for the children that live nearby so they were frequently in and out of his home.  The victim turned on the water faucet where the washing machine would have been. The other children left the home but the victim stayed behind.    Davis was cleaning up the water on the floor when he heard a shot.  He ran to the back bedroom and found the victim lying on the floor with a gunshot wound to the chest.  Davis had left a stolen .40 caliber Smith and Wesson pistol on his bed.  Davis picked up the child and ran next door where the child lived.  Davis believed the pistol was stolen and kept it for protection.   Davis had prior convictions for burglary and arson, which prevented him from possessing a firearm.           

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, South Carolina Law Enforcement Division, Bamberg County Sheriff's Department and Denmark Police Department.  Assistant United States Attorney William K. Witherspoon of the Columbia office prosecuted the case.         

This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tyrone Goodrum, age 45, of Florence, has been sentenced to 46 months imprisonment for Conspiracy, a violation of 18 U.S.C. § 371.  He also was ordered to pay over $146,000 in restitution to the federal government.  Goodrum was convicted by a jury on November 8, 2016.  United States District Judge R. Bryan Harwell of Florence presided over the case.  Goodrum’s wife Roselyn was sentenced to 27 months imprisonment in February 2017.

Evidence presented at the trial established that Roselyn Goodrum was in charge of the Farm Service Agency’s (FSA) Florence office from 2006 through 2014.  In February 2014, Winter Storm Pax caused extensive damage to farms in the Pee Dee.  As a result, farmers could make claims to the FSA for financial assistance to clean up their land.  Tyrone Goodrum conspired with his wife to file an application for payment, fraudulently representing that he was entitled to disaster benefits for a farm to which he had no connection.  As a result, $18,500 in federal money was diverted to satisfy Tyrone Goodrum’s outstanding child support debt.  Overall, Roselyn Goodrum filed multiple false applications and illegally obtained just over $146,000, an amount for which Tyrone Goodrum, as a co-conspirator, is also responsible. 

The case was investigated by agents of the United States Department of Agriculture, Office of the Inspector General, as well as the Federal Bureau of Investigation.  Assistant United States Attorney Winston Holliday, of the Columbia Office, prosecuted the case.

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United States Attorney Beth Drake stated today that, a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:

Greenville County Resident Indicted on Federal Gun Charges.  Zee Zee Zelazurro, age 35, of Greenville, South Carolina, was charged in a one-count indictment with possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Sections 922(g)(1) and (g)(9).  The maximum penalty Zelazurro could face is a fine of $250,000.00 and/or life imprisonment. The case was investigated by agents of the Bureau of Alcohol, Tobacco and Firearms and the Greenville Police Department Vice and Narcotics Unit and is being prosecuted by Assistant United States Attorney Jamie Schoen of the Greenville office.

Pickens County Woman Indicted on Federal Gun and Drug Charges.  Jennifer Lynne Jackson, age 25, of Liberty, South Carolina, was charged in a two-count indictment with possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841(a)(1); and possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Jackson could face is a fine of $1,000,000.00 and/or life imprisonment. The case was investigated by agents of the Bureau of Alcohol, Tobacco and Firearms and the Anderson City Police Department and is being prosecuted by Assistant United States Attorney Jamie Schoen of the Greenville office.

Boiling Springs Man Indicted on Federal Gun Charge.  Bryan Devonar Tate, age 30, of Boiling Springs, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Tate could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Spartanburg Police Department and is being prosecuted by Special Assistant United States Attorney Jennifer Wells of the Greenville office.

Simpsonville Man Indicted on Federal Gun Charge.  Herbert Daniel Fitch, age 48, of Simpsonville, South Carolina, was charged in a one-count indictment with possession of firearms and ammunition by a prohibited person previously charged with a criminal domestic violence conviction, a violation of Title 18, United States Code, Sections 922(g)(1) and 922(g)(9).  The maximum penalty Fitch could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Spartanburg County Sheriff’s Office and is being prosecuted by Special Assistant United States Attorney Jennifer Wells of the Greenville office.

Greenville Man and Woman Indicted on Federal Drug Charges. Theodore Vitaliy Khleborod, age 28, and Ana Milena Barrero, age 24, were charged in a three-count indictment.  Count One charged the defendants with participating in a drug conspiracy to possess with the intent to distribute and to distribute U-47700, a schedule I substance, in violation of 21 U.S.C. § 846, and Barrero has been charged in Counts Two and Three with using the U.S. Mail on April 24 and 25, 2017, to facilitate a drug felony in violation of 21 U.S.C. § 843(b).  The maximum penalty Khleborod  and Barrero could face is a fine of $1,000,000.00 and/or imprisonment of 20 years.  This case is being investigated by Special Agents with ICE-Homeland Security Investigations, the United States Postal Inspection Service, the Drug Enforcement Administration, the Greenville County Sheriff’s Office, the Greenville Police Department, and the Spartanburg County Sheriff’s Office.   Assistant United States Attorney Andy Moorman of the Greenville office is prosecuting the case.

Greenville Man Indicted on Federal Gun Charge.  Courtney Eugene Harris, age 38, of Greenville, South Carolina, was charged in a one-count indictment with possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Harris could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Bureau of Alcohol, Tobacco and Firearms, the Greenville County Sheriff’s Department, and the United States Probation Office and is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville office.

Greenville Man Indicted on Federal Gun Charge.  Dustin Gregory Martin, age 46, of Greenville, South Carolina, was charged in a one-count indictment with possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Martin could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Greenville County Sheriff’s Department and is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville office.

Walhalla Man Indicted on Illegal Re-Entry into the United States.  Jose Rolando Vasquez-Serrano, age 40, is charged in a one count indictment with illegal re-entry to the United States, a violation of Title 8, United States Code, Section 1326.  The maximum penalty he could face is a fine of $250,000.00 and/or imprisonment of 2 years. The case was investigated by agents with ICE- Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville Office.

Gaffney Man Indicted on Illegal Re-Entry into the United States.  Homero Guerra-Jiminez, age 33, is charged in a one count indictment with illegal re-entry to the United States, a violation of Title 8, United States Code, Section 1326.  The maximum penalty he could face is a fine of $250,000.00 and/or imprisonment of 2 years. The case was investigated by agents with ICE- Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville Office.

Greenville Man Indicted on Illegal Re-Entry into the United States.  Roberto Arreola-Villa, age 49, is charged in a one count indictment with illegal re-entry to the United States by a convicted felon, a violation of Title 8, United States Code, Section 1326.  The maximum penalty he could face is a fine of $250,000.00 and/or imprisonment of 10 years. The case was investigated by agents with ICE- Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville Office.

Spartanburg Man Indicted on Armed Bank Robbery Charge.  John Paul Snelgrove, age 47, of Spartanburg, South Carolina, was charged in a one-count indictment with armed bank robbery, a violation of Title 18, United States Code, Sections 2113(a) and 2113(d).  The maximum penalty Snelgrove could face is a fine of $250,000.00 and/or imprisonment of 25 years.  This case was investigated by the Federal Bureau of Investigations and the Greenville Police Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.

Simpsonville Man Indicted on Federal Gun Charge.  Paul Glen Helsel, age 50, of Simpsonville, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Helsel could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Simpsonville Police Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.

Anderson Man Indicted on Federal Gun Charge.  Andre Chanquil Mayfield, age 26, of Anderson, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Mayfield could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Anderson County Sheriff’s Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.

Greenwood Man Indicted on Federal Gun Charge.  Colby Teon Brown, age 29, of Greenwood, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Brown could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Federal Bureau of Investigations and the Greenwood Police Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.

Greenwood Man Indicted on Federal Gun Charge.  Marcus Fitzgerald Woods, JR., age 22, of Greenwood, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1).  The maximum penalty Woods could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Federal Bureau of Investigations and the Greenwood Police Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.

Greenwood Man Indicted on Federal Gun and Drug Charges.  Zykius Maurice Frazier, age 29, of Greenwood, South Carolina, was charged in a three-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1); possession with intent to distribute marijuana; and, possession of a firearm in furtherance of a drug trafficking crime.  The maximum penalty Frazier could face is a fine of $250,000.00 and/or imprisonment of 10 years.  This case was investigated by the Federal Bureau of Investigations and the Greenwood Drug Enforcement Unit and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.

The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Contact Person: Lance Crick (864) 282-2100

David Jerome Butler to make initial appearance tomorrow morning in federal court pursuant to a federal arrest warrant obtained by ATF on Friday, May 5, 2017

 

COLUMBIA, SOUTH CAROLINA – United States Attorney Beth Drake announced this afternoon that an initial appearance has been scheduled for David Jerome Butler tomorrow morning at 10am at the Federal Courthouse in Greenville, South Carolina.

 

WHEN:

Wednesday, May 9, 2017, at 10:00 a.m.

WHERE:    

Clement F. Haynsworth Federal Building

Courtroom #4
300 East Washington Street
Greenville, SC 29601

 

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Contact Person: Lance Crick (864) 282-2105

United States Attorney Beth Drake stated today that a Federal Grand Jury in Florence, South Carolina, returned Indictments against the following, and the defendants have since been arrested:

Hartsville Men Arrested Following a Federal Indictment for Possessing a Gun after being Convicted of a Felony, Possession with Intent to Distribute Cocaine, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.  Eddie Terrell McCoy, age 28, and Antonio Darnell Rivers, age 41, both of Hartsville, were charged in an eleven-count indictment.  McCoy was charged with possession with intent to distribute cocaine, a violation of Title 21, United States Code, Section 841(a)(1), the maximum penalty of which is a maximum fine of $250,000.00 and/or imprisonment of 20 years; Rivers was charged with possession of a firearm after being convicted of a felony, a violation of Title 18, United States Code, Section 922(g)(1), the maximum possible penalty of which is, a maximum fine of $250,000.00 and/or imprisonment of 15 years to Life; possession with intent to distribute and distributing cocaine, a violation of Title 21, United States Code, Section 841(A)(1), the maximum penalty of which is a maximum fine of $250,000.00 and/or imprisonment of 40 years; and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A), the maximum penalty of which is a maximum fine of $250,000.00 and/or imprisonment of 5 years consecutive to any other sentence received and twenty-five years to life for any second or subsequent 924(c)(1)(A) conviction.

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Darlington County Sheriff’s Office, Florence County Sheriff’s Office, Hartsville Police Department and Darlington Police Department. The case has been assigned to Assistant United States Attorney Alfred W. Bethea, Jr., of the Florence office for prosecution.

Darlington Men Arrested Following a Federal Indictment for Possession with Intent to Distribute and Distribution of Crack Cocaine, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.  Trevor Jarad Davis, age 27, and Daniel Jamal Gavins, age 25, both of Darlington, were charged in an eight-count indictment.  Davis was charged with possession with intent to distribute and distribution of crack cocaine, a violation of Title 21, United States Code, Section 841(a)(1), the maximum penalty of which is a maximum fine of $250,000.00 and/or imprisonment of 20 years; Gavins was charged with possession with intent to distribute and distributing crack cocaine, a violation of Title 21, United States Code, Section 841(A)(1), the maximum penalty of which is a maximum fine of $250,000.00 and/or imprisonment of 40 years; and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A), the maximum penalty of which is a maximum fine of $250,000.00 and/or imprisonment of 5 years consecutive to any other sentence.

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Darlington County Sheriff’s Office, Florence County Sheriff’s Office, Hartsville Police Department and Darlington Police Department. The case has been assigned to Assistant United States Attorney Alfred W. Bethea, Jr., of the Florence office for prosecution.

Hartsville Man Arrested Following a Federal Indictment for Possession With Intent to Distribute Crack Cocaine.  Quinten Lonnel Richardson, age 28, of Hartsville, South Carolina, was charged in a three-count indictment with Possession with Intent to Distribute Crack Cocaine, a violation of Title 21, United States Code, Section 841(a)(1).  The maximum possible penalty Richardson could receive is a maximum fine of $5,000,000.00 and/or imprisonment of 40 years to Life.  Richardson was arrested on April 3, 2017.

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Darlington County Sheriff’s Office, Florence County Sheriff’s Office, Hartsville Police Department and Darlington Police Department. The case has been assigned to Assistant United States Attorney Alfred W. Bethea, Jr., of the Florence office for prosecution.

Two Darlington County Men Arrested following a Federal Indictment for Felon in Possession of a Firearm and Possession of a Firearm in Furtherance of a Crime of Violence.  Kenneth Eric Coe, Jr., age 23, of Timmonsville, and Jaquan Latrel Samuel, age 30, of Hartsville, were charged in a five-count indictment. Both Coe and Samuel were charged with possession and brandishing of a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A), the maximum penalty of which is a fine of $250,000.00 and/or 7 years to life consecutive to any other sentence imposed.  Samuel, was additionally charged with felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1), the maximum penalty of which is a fine of $250,000.00 and/or 10 years to life imprisonment. 

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Darlington County Sheriff’s Office, Florence County Sheriff’s Office, Hartsville Police Department and Darlington Police Department.  The case has been assigned to Assistant United States Attorney Lauren L. Hummel, of the Florence office for prosecution.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Contact Person: Lance Crick (864) 282-2105

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that a 42-count federal indictment was unsealed against nine defendants, all from the Columbia area.  The nine individuals indicted include:  Christopher Donnell Brown, age 38 , Delvaron Mufeed Jonel Thomas, age 34, Brian Lamark Gunter, age 26, Frederick Raheem Gunter, age 24, Meldrick Leon Owens, age 27, Ernest Gerod Sims, age 43, Reginald Yvon Jones, age 52, Stacey Andre George, age 32, and Warren Spruill, Jr., age 32.  All the defendants are in custody except Brian Gunter and Frederick Raheem Gunter, who are fugitives and are being sought by law enforcement.

The indictment charged all the defendants with being in a conspiracy to possess with the intent to distribute 5 kilograms or more of cocaine and 280 grams or more of cocaine base, a violation of 21 U.S.C. § 846.  The maximum penalty for this charge is life imprisonment and a maximum fine of $20,000,000.00. All the defendants are also charged with multiple counts of use of a telephone to facilitate a drug trafficking crime, a violation of 21 U.S.C. § 843(b).  The maximum penalty for this offense is 8 years imprisonment and a maximum fine of $250,000.00.

Brown is also charged with eleven counts of distribution of crack cocaine on different days, a violation of 21 U.S.C. § 841(a)(1).  The maximum penalty for these charges is life imprisonment and a maximum fine of $20,000,000.00.

Sims is also charged in additional counts for distribution of crack cocaine, a violation of 21 U.S.C. § 841(a)(1); being a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1); and, possession of a firearm during a drug trafficking crime, a violation of 18 U.S.C. § 924(c).  The maximum penalty for these charges is life imprisonment and a maximum fine of $1,000,000.00.

The United States Attorney stated all charges in the Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

The case was investigated by agents of the Federal Bureau of Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Carolina Law Enforcement Division, Richland County Sheriff's Office and City of Columbia Police Department and is assigned to Assistant United States Attorney William K. Witherspoon of the Columbia office for prosecution.

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Contact Person: Office of Public Affairs (202) 514-2007

WASHINGTON – Former North Charleston, South Carolina, Police Department (NCPD) Officer Michael Slager, 35, pleaded guilty to a federal civil rights offense for his fatal shooting of Walter Scott, Jr. on April 4, 2015. 

Attorney General Jeff Sessions, Acting Assistant Attorney General Tom Wheeler of the Justice Department's Civil Rights Division, U.S. Attorney Beth Drake of the District of South Carolina, Special Agent in Charge Alphonse “Jody” Norris of the FBI’s Columbia Division, Solicitor Scarlett A. Wilson of the Ninth Judicial Circuit and Chief Mark Keel of the South Carolina Law Enforcement Division (SLED) announced today’s guilty plea, which took place in the U.S. District Court for the District of South Carolina.  The plea will resolve both the federal and the state cases pending against Michael Slager.  Prior to entry of the guilty plea, jury selection in the federal trial had been scheduled to begin on May 9, and a state trial had been set for August.  

According to documents filed in connection with the guilty plea, Michael Slager, while acting as an NCPD Officer, willfully used deadly force on Walter Scott even though it was objectively unreasonable under the circumstances.  Slager had stopped Scott’s vehicle after observing that a brake light was not working.  During the stop, Scott fled on foot and Slager pursued him.  During the foot chase, Slager deployed his Taser and Scott fell to the ground.  Scott managed to get off of the ground and again run away.  Scott was unarmed and running away when Scott fired eight shots at him from his department-issued firearm.  Five shots hit Scott, with all of the bullets entering from behind.  Scott died as a result of the injuries from Slager’s gunshots.    

“The Department of Justice will hold accountable any law enforcement officer who violates the civil rights of our citizens by using excessive force,” said Attorney General Sessions.  “Such failures of duty not only harm the individual victims of these crimes; they harm our country, by eroding trust in law enforcement and undermining the good work of the vast majority of honorable and honest police officers.  As our Department works to support the courageous and professional law enforcement personnel who risk their lives every day to protect us, we will also ensure that police officers who abuse their sacred trust are made to answer for their misconduct.”

“Our hearts are with the Scott family today.  They have persevered in their quest for justice for their loved one, and I hope that today brings them a measure of closure,” said U.S. Attorney Drake.  “I also want to thank both Solicitor Wilson of the Ninth Judicial Circuit and South Carolina Law Enforcement Division Chief Mark Keel for their efforts to secure justice in this matter.”   

“The resolution of this investigation protects the integrity of law enforcement, maintains the confidence of the community, and ensures justice is served in a fair and impartial manner,” said Special Agent in Charge Norris.  “The cooperation between the South Carolina Law Enforcement Division, the U.S. Attorney's Office, the Charleston County Solicitor's Office, the Civil Rights Division, and the FBI Columbia Division was paramount in bringing this case to a successful conclusion.”

“This conviction is prime example of the strong results we can get when federal and state authorities work together,” said Solicitor Wilson.  “We are grateful for the Department of Justice for their role in obtaining justice for the Scotts with this conviction and in moving our community forward through their hard work.”

“SLED’s role in any criminal investigation is to discover the facts of the case and report them,” said Chief Keel.  “For the men and women of SLED, working closely with our partners in the Ninth Circuit Solicitor’s Office, the U.S. Department of Justice, the FBI and the U.S. Attorney’s Office, today’s plea is the culmination of our collaboration.”

“This disposition is the product of the excellent work of state and local law enforcement. I am proud of the leadership of U.S. Attorney Beth Drake and the critical work of the FBI. The teamwork in this case represents the best in law enforcement,” added Attorney General Sessions.

Slager faces a maximum sentence of life in prison for the federal civil rights violation, as well as a potential $250,000 fine. Both federal prosecutors and Solicitor Wilson will have the opportunity to address the Court at sentencing.

The case was investigated by the FBI’s Columbia Division and the South Carolina Law Enforcement Division.  The federal case is being prosecuted by Assistant U.S. Attorneys Eric Klumb and Alyssa Richardson of the District of South Carolina and Special Litigation Counsel Jared Fishman and Trial Attorney Rose Gibson of the Civil Rights Division of the Department of Justice.  The state case is being prosecuted by Scarlett A. Wilson and the Office of the Solicitor of the Ninth Judicial Circuit.

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Former North Charleston, South Carolina, Police Department (NCPD) Officer Michael Slager, 35, pleaded guilty to a federal civil rights offense for his fatal shooting of Walter Scott, Jr. on April 4, 2015.

Attorney General Jeff Sessions, Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, U.S. Attorney Beth Drake of the District of South Carolina, Special Agent in Charge Alphonse “Jody” Norris of the FBI’s Columbia Division, Solicitor Scarlett A. Wilson of the Ninth Judicial Circuit and Chief Mark Keel of the South Carolina Law Enforcement Division (SLED) announced today’s guilty plea, which took place in the U.S. District Court for the District of South Carolina.  The plea will resolve both the federal and the state cases pending against Michael Slager.  Prior to entry of the guilty plea, jury selection in the federal trial had been scheduled to begin on May 9, and a state trial had been set for August.

According to documents filed in connection with the guilty plea, Michael Slager, while acting as an NCPD Officer, willfully used deadly force on Walter Scott even though it was objectively unreasonable under the circumstances.  Slager had stopped Scott’s vehicle after observing that a brake light was not working.  During the stop, Scott fled on foot and Slager pursued him.  During the foot chase, Slager deployed his Taser and Scott fell to the ground.  Scott managed to get off of the ground and again run away.  Scott was unarmed and running away when Scott fired eight shots at him from his department-issued firearm.  Five shots hit Scott, with all of the bullets entering from behind.  Scott died as a result of the injuries from Slager’s gunshots.     

“The Department of Justice will hold accountable any law enforcement officer who violates the civil rights of our citizens by using excessive force,” said Attorney General Sessions.  “Such failures of duty not only harm the individual victims of these crimes; they harm our country, by eroding trust in law enforcement and undermining the good work of the vast majority of honorable and honest police officers.  As our Department works to support the courageous and professional law enforcement personnel who risk their lives every day to protect us, we will also ensure that police officers who abuse their sacred trust are made to answer for their misconduct.” 

“Our hearts are with the Scott family today.  They have persevered in their quest for justice for their loved one, and I hope that today brings them a measure of closure,” said U.S. Attorney Drake.  “I also want to thank both Solicitor Wilson of the Ninth Judicial Circuit and South Carolina Law Enforcement Division Chief Mark Keel for their efforts to secure justice in this matter.”    

“The resolution of this investigation protects the integrity of law enforcement, maintains the confidence of the community, and ensures justice is served in a fair and impartial manner,” said Special Agent in Charge Norris.  “The cooperation between the South Carolina Law Enforcement Division, the U.S. Attorney's Office, the Charleston County Solicitor's Office, the Civil Rights Division, and the FBI Columbia Division was paramount in bringing this case to a successful conclusion.”

“This conviction is prime example of the strong results we can get when federal and state authorities work together,” said Solicitor Wilson.  “We are grateful for the Department of Justice for their role in obtaining justice for the Scotts with this conviction and in moving our community forward through their hard work.”

“SLED’s role in any criminal investigation is to discover the facts of the case and report them,” said Chief Keel.  “For the men and women of SLED, working closely with our partners in the Ninth Circuit Solicitor’s Office, the U.S. Department of Justice, the FBI and the U.S. Attorney’s Office, today’s plea is the culmination of our collaboration.”

“This disposition is the product of the excellent work of state and local law enforcement. I am proud of the leadership of U.S. Attorney Beth Drake and the critical work of the FBI. The teamwork in this case represents the best in law enforcement,” added Attorney General Sessions.

Slager faces a maximum sentence of life in prison for the federal civil rights violation, as well as a potential $250,000 fine. Both federal prosecutors and Solicitor Wilson will have the opportunity to address the Court at sentencing.

The case was investigated by the FBI’s Columbia Division and the South Carolina Law Enforcement Division.  The federal case is being prosecuted by Assistant U.S. Attorneys Eric Klumb and Alyssa Richardson of the District of South Carolina and Special Litigation Counsel Jared Fishman and Trial Attorney Rose Gibson of the Civil Rights Division of the Department of Justice.  The state case is being prosecuted by Scarlett A. Wilson and the Office of the Solicitor of the Ninth Judicial Circuit.

Contact Person: Eric Klumb (843) 727-4381

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Dr. Jian Yun Dong, aka John Dong, was sentenced to seventy months imprisonment for multiple fraud-based convictions and ordered to pay over three million dollars in restitution.  GenPhar Inc. and Vaxima Inc, corporations Dong founded, were fined a total of $12,846,399.32.  Dr. Dong, GenPhar Inc., and Vaxima Inc. went to trial in federal court in June of 2015.  All three were convicted on charges of conspiracy to commit grant fraud, wire fraud, theft of government property and providing false statements, theft of government funds, as well as twenty-two counts of wire fraud.

Testimony at trial established that federal grant money was obtained by GenPhar and Vaxima for purposes of biodefense research and vaccine development, but was used for other purposes, specifically to construct a commercial office building and pay lobbyists and others who were seeking to secure federal funding for the defendants.  Testimony further established that a total of approximately $6 million dollars was spent on the construction, which included approximately at least $3 million dollars of improperly diverted grant money.

"Justice is finally served against Dr. John Dong and his companies with these sentences," stated Special Agent in Charge John F. Khin of the Defense Criminal Investigative Service (DCIS), Southeast Field Office. "Throughout this lengthy and extensive joint investigation with our law enforcement partners, DCIS steadfastly pursued recoupment of millions of dollars in stolen and diverted funds that were critically needed for research and development of vaccines against the world's most deadly diseases."

“Diverting funds meant for critical vaccine research is reprehensible and illegal,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) in Atlanta.  “We will continue to work with our law enforcement partners to root out all forms of waste, fraud, and abuse in federal grant programs."

Ms. Drake stated, “The real tragedy in this case is that millions of dollars intended for desperately needed vaccine research was diverted into a commercial real estate project.  Most of the dedicated and accomplished scientists receiving these grants can be trusted to spend the funds on research, but those that seek to divert the funds to their own benefit need to know that we will pursue charges against them like any other fraudster.”   

The conviction and sentence are the result of an investigation conducted by the Department of Health and Human Services Office of Inspector General, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the U.S. Army Criminal Investigation Command, and the Naval Criminal Investigative Service.  Assistant United States Attorneys Eric Klumb and Nathan Williams of the Charleston office prosecuted the case.    

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Contact Person: Office of Public Affairs (202) 514-2007

WASHINGTON – Quest Diagnostics Inc. has agreed to pay $6 million to resolve a lawsuit by the United States alleging that Berkeley HeartLab Inc., of Alameda, California, violated the False Claims Act by paying kickbacks to physicians and patients to induce the use of Berkeley for blood testing services and by charging for medically unnecessary tests.  Quest, which is headquartered in Madison, New Jersey, acquired Berkeley in 2011, and ended the conduct that gave rise to the settlement. 

“We rely on doctors to provide honest, independent recommendations regarding clinical testing,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “Companies that pay kickbacks to referring doctors corrupt those doctors’ independence, leaving patients vulnerable to expensive and unnecessary testing.”
 
Physicians refer their patients to independent laboratories like Berkeley to conduct tests on blood samples.  According to the government’s complaint, Berkeley paid kickbacks to referring physicians disguised as “process and handling” fees.  The complaint also alleged that Berkeley paid kickbacks to patients by routinely waiving copayments owed by certain patients who were legally required to pay for part of their tests.  Allegedly, Berkeley paid the kickbacks to induce both the physicians and patients who received them to choose Berkeley over other laboratories.  The government’s complaint further alleged that these illegal practices resulted in medically unnecessary cardiovascular tests being charged to federal healthcare programs. 

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federally funded programs.  The Anti-Kickback Statute is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based on the best interests of the patient.  The Anti-Kickback Statute also prohibits routinely waiving patient copayments to ensure that patients are appropriately incentivized to refuse unnecessary tests. 

“The South Carolina U.S. Attorney’s Office has dedicated considerable resources to pursuing fraud cases that divert federal tax payer dollars from important programs, like health care and defense contracting,” said U.S. Attorney Beth Drake of the District of South Carolina.  “The goal for our qui tam unit is to protect taxpayers, patients, and soldiers by ensuring that important decisions are made according to medical science and engineering, and not based on dollar signs.”

“This settlement is part of the government’s ongoing efforts to address conduct that allows medical decisions to be influenced by money rather than the best interests of patients,” said U.S. Attorney Channing D. Phillips of the District of Columbia.  “Our office is pleased to defend the integrity of our healthcare system and to demand the return of ill-gotten gains.”

“We will not allow laboratories to provide financial incentives to induce physicians to steer patients their way,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) in Atlanta.  “The Office of Inspector General will continue to work aggressively to eliminate this type of behavior which ultimately drives up healthcare costs and eliminates fair competition.”

The lawsuit was initially filed by Dr. Michael Mayes under the qui tam, or whistleblower, provisions of the False Claims Act.  Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery.  The act permits the United States to intervene in and take over a whistleblower suit.  The United States partially intervened in this and two related actions on March 31, 2015, and is continuing to pursue claims against the remaining defendants: Latonya Mallory, the former CEO of Health Diagnostics Laboratory Inc., and marketing company BlueWave Healthcare Consultants Inc. and its owners, Floyd Calhoun Dent III and Robert Bradford Johnson.  Dr. Mayes’ share of the settlement with Quest has not been determined. 

On April 9, 2015, the United States announced settlements with two other laboratories - Health Diagnostics Laboratory Inc. of Richmond, Virginia, and Singulex Inc., of Alameda, California - for engaging in conduct similar to that resolved in the settlement with Quest. 

The government’s intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Offices for the District of South Carolina and the District of Columbia, FBI’s Columbia Field Office and the FBI Healthcare Fraud Unit Major Provider Response Team (MPRT), HHS-OIG, the U.S. Office of Personnel Management’s Office of Inspector General, and the Department of Defense’s Office of Inspector General Defense Criminal Investigative Service.

The cases is captioned United States ex rel. Mayes v. Berkeley HeartLab Inc., et al., Case No. 9:11-CV-01593-RMG (D.S.C.).  The claims settled by these agreements and asserted against these companies and individuals are allegations only, and there has been no determination of liability.

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Contact Person: Lance Crick (864) 282-2105

Charleston, South Carolina --- United States Attorney Beth Drake announced today that Aquabeus Demond Moore, 37, of Atlanta, Georgia, was convicted following a four-day jury trial in United States District Court in Charleston.  The Honorable Richard M. Gergel presided over the case.

Witness testimony and the evidence presented by the government during the trial established that Moore and others travelled from Atlanta to rob Sylvan Jewelers in Columbia, South Carolina, on February 19, 2015, and MP Demetre Jewelers in Charleston, South Carolina, on March 4, 2015.  The jury convicted Moore of five separate counts, one count of Conspiracy to Commit Robbery Affecting Interstate Commerce, two counts of Robbery Affecting Interstate Commerce, and two counts of Brandishing a Firearm During a Violent Crime. 

The conspiracy and robbery counts each carry up to twenty years imprisonment under 18 U.S.C. § 1951(a) and the gun charges carry a mandatory consecutive seven years plus twenty-five years imprisonment under 18 U.S.C. § 924(c). 

A federal jury previously convicted Charles Johnson, one of Moore’s co-conspirators, of the same charges.  The Honorable Richard M. Gergel sentenced Johnson to thirty-two years and one day on April 10 of this year. 

The conviction is the result of an investigation conducted by the Federal Bureau of Investigations, City of Charleston Police Department and Columbia Police Department. Assistant United States Attorneys Nathan Williams and Emily Limehouse of the Charleston office prosecuted the case.
 

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Contact Person: Rob Sneed (843) 266-1600

Columbia, South Carolina---- United States Attorney Beth Drake stated today that in its continued efforts to support the commitments in the Americans with Disabilities Act (ADA), the U.S. Attorney’s Office participated in Advocacy Day for Access and Independence this week.

This annual event was led by Able SC, which is a Center for Independent Living organization whose mission includes empowering people with disabilities to live active and self-determined lives.  There were several different disability advocacy and support groups from around the state participating and hundreds of people attended the event. 

South Carolina Governor Henry McMaster earlier issued a proclamation naming April 26, 2017 as Advocacy Day for Independence throughout the state to “encourage all South Carolinians to work together to destroy the barriers that hinder individuals with disabilities from becoming fully independent participants in our communities.” 

AUSA Sneed’s remarks focused on the Department of Justice’s unwavering support of the Americans with Disabilities Act (ADA).  AUSA Sneed referenced examples where the U.S. Attorney’s Office and the Department of Justice are opening gateways to full participation and opportunity for people with disabilities.  This includes Project Civic Access, which is the DOJ’s wide-ranging effort to ensure that counties, cities, towns, and camps comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. 

U.S. Attorney Drake noted that, “The ADA has been described as ‘the Emancipation Proclamation for people with disabilities.’ Others have described this landmark law as a vehicle that “secures for people with disabilities the most fundamental of rights: the right to live in the world.  It ensures they can go places and do things that other Americans take for granted. If a person can work, it is critical for so many reasons that we eliminate artificial barriers that can obstruct their ability to work.”  Recognizing that work remains to be done to create free access to employment and services, U.S. Attorney Drake noted that the U.S. Attorney’s Office and the Department of Justice will continue enforcement efforts until reaching the point so well-made nearly twenty-seven years ago by President George H.W. Bush, when he signed the ADA into law:  “When every last shameful wall of exclusion for persons with disabilities finally comes tumbling down.”

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Contact Person: Lance Crick (864) 282-2105

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Lewis Charles Landreth, age 32, of Greenville, pled guilty in federal court in Greenville, to felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g).  United States District Judge Bruce Howe Hendricks, of Charleston, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.  Landreth faces up to ten years in federal prison.
 
Evidence presented at the change of plea hearing established that in December 2015, the United States Marshals Service Taskforce received a request to locate and arrest Landreth on outstanding warrants from North Carolina. 

On December 29, 2015, the USMS task force tracked Landreth to a motel in Anderson. A search warrant was obtained for the motel room and once law enforcement gained entry into the motel room, they found Landreth and his 6-year-old son along with a loaded, Smith and Wesson 9mm pistol on the nightstand in the room. Landreth was taken into custody and the weapon secured.

The case was investigated by the Anderson County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the United States Marshals Service.  Assistant United States Attorney Max Cauthen of the Greenville office handled the case.

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Conact Person: Stacey D. Haynes (803) 929-3000

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Santonio Dwayne Ramsey, age 26, of Appling, Georgia was sentenced in federal court after earlier pleading guilty to escape, in violation of Title 18, United States Code, Section 751(a). Senior United States District Judge Cameron McGowan Currie, of Columbia, sentenced Ramsey to 10 months imprisonment and a $100 special assessment fee.

Evidence presented in court during the earlier guilty plea hearing established that on the evening of July 19, 2016, the Alston Wilkes Society Residential Re-Entry Center, a contracted Federal Bureau of Prisons halfway house facility in Columbia, conducted a routine head count and found Ramsey absent. Ramsey, who had been transferred to the halfway house facility from the Federal Bureau of Prisons in Williamsburg, South Carolina, was serving the remainder of a federal sentence stemming from a 2010 conviction for being a felon in possession of a firearm in the Southern District of Georgia. After determining that Ramsey was not in a local hospital or detention center, the Federal Bureau of Prisons declared him to be in escape status, notified the United States Marshals Service, and a federal escape charge was obtained. Ramsey, an admitted gang member, was arrested on state charges stemming from a domestic issue on November 2, 2016, in Columbia County, Georgia.  After initially providing deputies a fake name, deputies determined Ramsey’s true identity and the outstanding federal escape charge from South Carolina.

The case was investigated by the United States Marshals Service. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

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Contact Person: Joe Brewer (864) 282-2121

Columbia, South Carolina------ The United States Attorney’s Office (USAO) for the District of South Carolina works with numerous state, federal, not-for-profit, and private entities on crime prevention and reentry. These groups and agencies are using their expertise and energy to eradicate crime before it happens.

To coincide with National Reentry Week, the USAO announces its First Annual Community Partner Awards for excellence in crime prevention and reentry work. “Reentry” is the coordinated process by which previously incarcerated citizens return to their communities and families in a way that is healthy, sustainable, and least likely to result in further engagement with the justice system. The following individuals have demonstrated extraordinary commitment to programs designed to meet the 21st Century demands of post-incarceration law-abiding citizenship. Contribution include, but are not limited to, reentry job fairs and expos, civil rights forums, job placement, education, reentry and drug court, and personal identification:

Diana Goldwire - SC Works
Corrine Davis - SC Works
Johnny-Lynn Crosby - SC Works
Steve Hand - Greenville Tech
Caroline Caldwell-Richmond - New Mind Health and Care, Inc.
Bobby Hager - Bureau of Prisons - FCI Williamsburg
Edith Grice-Peay - Bureau of Prisons - FCI Edgefield
Richard Boone - SC Department of Motor Vehicles
Peggy Fouty - SC Department of Motor Vehicles
Jodi Gallman - SC Department of Probation, Parole, and Pardon
Jim Batson - SC Department of Probation, Parole, and Pardon
Ginny Barr - SC Department of Corrections
Rosie Banks - Greater Employment Advocacy Association
Greg Russ - U.S. Probation Office
Katrina Robinson Curtis - U.S. Probation Office
Amy Barch - Turning Leaf
Jerry Blassingame - Soteria
Beth Templeton - Our Eyes Were Opened

These individuals demonstrated exceptional contributions above and beyond the call of duty and are emblematic of the many dedicated public and private servants in this state with whom this office has the honor to work towards safer communities. Crime prevention and reentry are interdisciplinary problems and can only be resolved through the cooperation of all relevant stakeholders, including members of the community.

U.S. Attorney Drake noted, “Crime prevention is smart policing. When engineers and architects are designing and building auditoriums, they consider how to eliminate foreseeable problems on the front end and design structures around those challenges. 21st Century law enforcement can and is doing the same thing. Data confirms that when one of our citizens is released from a term in jail, whether that sentence derives from a DUI, drugs or a violent crime, the initial challenges of rejoining our communities pose real challenges that can undermine a law abiding life. Addressing the seemingly ordinary challenges like obtaining a license, which is a pathway to a job, can be insurmountable without support from a Probation Officer and the Department of Motor Vehicles. These awards recognize innovative, collaborative work by both government agencies and non-government agencies to address the obstacles that can impede the path to a law-abiding life. Those who received the awards have worked on issues including drivers’ licenses, jobs, drug treatment, education, medical treatment/counseling, housing and more. Many thanks to our award winners and to our partners who have joined together to forge a more perfect union.”

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Contact Person: Andy Moorman (864) 282-2100

Columbia, South Carolina-------United States Attorney Beth Drake announced today that Theodore Vitaliy Khleborod, age 28, and Ana Milena Barrero, age 24, have been arrested on federal charges of possession with the intent to distribute and distribution of U47700, a Schedule I controlled substance, conspiring to possess with intent to distribute and to distribute U47700, and using the U.S. Mail to facilitate a drug trafficking crime. 

Khleborod and Barrero are scheduled to make an initial appearance in federal court in Greenville this morning at 11:30 am.   A detention hearing and a preliminary hearing have been scheduled for 10:00 am on Monday, May 1, 2017, at the federal courthouse in Greenville. 
The case is being investigated by Special Agents with ICE-Homeland Security Investigations, the United States Postal Inspection Service, the Drug Enforcement Administration, the Greenville County Sheriff’s Office, the Greenville Police Department, and the Spartanburg County Sheriff’s Office.  

Assistant United States Attorneys Andy Moorman and Leesa Washington of the Greenville office are prosecuting the case.

The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
 

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Contact Person: Bill Day (803) 929-3000

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Brian Zomelle Walker, a/k/a “Boss G,” age 27, of Columbia, South Carolina was sentenced in federal court in Columbia, South Carolina, for possession of a firearm in furtherance of a drug trafficking crime, a violation of 18 U.S.C. § 924(c)(1)(A).  United States District Judge Cameron McGowan Currie of Columbia sentenced Walker to five years imprisonment followed by three years of supervised release.

Evidence presented at the change of plea hearing established that Walker was selling marijuana from his residence in Columbia, S.C.. A search warrant was executed at Walker's residence on May 2, 2016 resulting in marijuana and a loaded 9 mm handgun being seized.

The case was investigated by agents of the Midlands Gang Task Force (MGTF) and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Assistant United States Attorney William E. Day II of the Columbia office prosecuted the case.

This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.

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Contact Person: Stacey D. Haynes (803) 929-3000

Columbia, South Carolina ---- United States Attorney Beth Drake stated that Karry Max Taylor, III, age 21, of Columbia was sentenced in federal court for making a hoax bomb threat, in violation of Title 18, United States Code, Section 1038(a).  Senior United States District Judge Cameron McGowan Currie, of Columbia, sentenced Taylor to 12 months and 1 day imprisonment with 3 years of supervised release to follow. Additionally, Taylor was ordered to make restitution to the Columbia Fire Department and the Columbia Police Department in the total amount of $1,487.77 to cover the cost of their response to the hoax bomb threat and pay a $100 special assessment fee to the court.

Evidence presented during the earlier guilty plea hearing established that on January 4, 2016, three individuals, two in South Carolina and one in New York, each received a text message from an unknown South Carolina telephone number advising them that someone had placed a bomb in the parking lot of the Veterans Affairs Medical Center on Garners Ferry Road. One of the texts stated, “Hey Montana, this is Sosa. Omar said he put a bomb in the parking lot or something…in the VA hospital on Garners Ferry Road. I am scared and I don’t know what to do.” The three individuals each notified law enforcement authorities, who were able to discern that the texts were referring to the Veterans Affairs Medical Center in Columbia. As a result, the Columbia Police Department, the Columbia Fire Department, and the Veterans Affairs Medical Center Police Department responded, placed the Veterans Affairs Medical Center in lock-down,  and swept the parking area for explosives. Law enforcement were on the scene for three hours and ultimately determined that the texts were a hoax as no explosive was located. Thereafter, the Federal Bureau of Investigation, through investigative means, was able to link the texts back to a cellular telephone and email account belonging to Taylor. Agents approached Taylor, a volunteer with the Columbia Fire Department, and he admitted to sending the texts to random numbers in an effort to draw other fire engines to the Veterans Affairs Medical Center in hopes that his fire station would then be called to respond to any other calls that occurred during that time frame. 

The case was investigated by the FBI Joint Terrorism Task Force in Columbia. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

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Contact Person: Lance Crick (864) 282-2105

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Alton Davis, age 47, of Greenville, was sentenced today in federal court in Greenville, for possession of child pornography, a violation of Title 18, United States Code, Section 2252A.  United States District Judge Bruce Howe Hendricks of Charleston sentenced Davis to 120 months in the Bureau of Prisons.

Evidence presented at the change of plea hearing established that on October 14, 2015, an undercover officer downloaded from the defendant two child porn images using peer-to-peer software.  Based on this download, law enforcement determined his IP address, street address, and obtained a search warrant. 

On November 10, 2015, the warrant was executed at the defendant’s home.  He was present and agreed to talk.  He admitted to using his computer and the internet to search for pornography and using search terms associated with child pornography.  He admitted to viewing images of child porn on his computer.  Davis was previously convicted in 2004 of child pornography possession. 

The case was investigated by agents of the Department of Homeland Security, Office of Investigations.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.

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Contact Person: Lance Crick (864) 282-2105

United States Attorney Beth Drake stated today that a Federal Grand Jury in Florence, South Carolina, returned Indictments against the following:

Scranton Man Indicted for Felon in Possession of a Firearm, Possession with Intent to Distribute Crack Cocaine and Cocaine, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.   Justin Dewayne Barr, age 32, of Scranton, South Carolina, was charged in a three-count indictment with felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1); possession with intent to distribute crack cocaine and cocaine, a violation of Title 21, United States Code, Section 841(a)(1); and, possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A).  The maximum penalty Barr could receive is a fine of $250,000.00 and/or life imprisonment.  The case was investigated by the Florence County Sheriff’s Office, Lake City Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The case is assigned to Assistant United States Attorney Lauren Hummell of the Florence office for prosecution.

Loris Man Indicted for Felon in Possession of a Firearm, Possession with Intent to Distribute Crack Cocaine and Cocaine, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.  Brian O’Neal Knox, age 32, of Loris, South Carolina, was charged in a three-count indictment with felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1); possession with intent to distribute crack cocaine and cocaine, a violation of Title 21, United States Code, Section 841(a)(1); and, possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A).  The maximum penalty Knox could receive is a fine of $250,000.00 and/or life imprisonment.  The case was investigated by the Horry County Police Department, the Horry County ATF Violent Crimes Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The case is assigned to Assistant United States Attorney Alfred W. Bethea, Jr., of the Florence office for prosecution.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Contact Person: Winston David Holliday, Jr. (803) 929-3000

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Christopher O’Berry, age 42, of Columbia, pled guilty in federal court in Columbia to Theft of Government Money, a violation of Title 18, United States Code, § 641.  Senior United States District Judge Joseph F. Anderson, Jr., of Columbia, accepted the guilty plea and will sentence him at a later date. 

Evidence presented at the change of plea hearing established that the Food and Nutrition Service (FNS) is the agency within the U.S. Department of Agriculture responsible for the administration and regulation of the SNAP.  SNAP, commonly known as the food stamp program, assists low-income families and individuals to purchase food. 

Christopher O’Berry operated Cynthia’s Soul Food Deli (formerly Food World) in the Columbia area.  The Deli served food, but was also registered to receive SNAP benefits as payment for food items.  This arrangement posed two issues.  First, SNAP does not pay for prepared food.  Second, the Deli did not stock sufficient food to justify the purchases recorded under SNAP.  O’Berry allowed beneficiaries to make small purchases through SNAP but processed them as much larger amounts.  He would then pay some cash to the beneficiary and keep some for himself. 

The investigation traced proceeds of the theft to a Woodforest National Bank account controlled by O’Berry.  O’Berry deposited $956,006.90 between May 2011 and December 2014.  He then withdrew $158,187 in cash and transferred $714,032 to his own accounts.  The rest was used to make minimal purchases for the store. 

Ms. Drake stated the maximum penalty faced by O’Berry is imprisonment for ten years and a fine of $250,000.

The Richland County Sherriff’s Office and the United States Department of Agriculture, Office of the Inspector General, investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

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Contact Person: Bill Watkins (864) 282-2100

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Sharon Johnson, age 50, of Columbia, was sentenced today in federal court in Greenville, for conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349.  United States District Judge Bruce H. Hendricks, of Greenville, sentenced Johnson to 27 months imprisonment, ordered that she pay $385,425.75 in restitution, and placed her on three years of supervised release.  Johnson, previously on bond, was taken into custody at the conclusion of the hearing.

Evidence presented at the change of plea hearing established that Patricia Sullivan, who has pled guilty and is awaiting final sentencing, and Sharon Johnson were co-conspirators in a scheme and artifice to defraud various individuals.  Sullivan is the former postmaster for Greenville, South Carolina.  She also operated a company called HYPD Publishing (“HYPD”).   In March 2009, HYPD published The Struggle of Love written by Sharon Denise Johnson. 

Shortly after publication of Johnson’s book, Sullivan and Johnson began to spin a story that the producer Tyler Perry had bought the rights to The Struggle of Love and would be making a movie or reality TV show staring Johnson.  Victims were told that Sullivan and Johnson were on the verge of great wealth, but needed bridge loans or some other form of financial assistance until the project with Perry reached fruition. Sullivan and Johnson promised the investors large returns in exchange for the loans and/or investments. 

To make themselves look the part of successful individuals, Sullivan and Johnson squatted in several mansions, took photos, and posted them to Facebook.  They also created fictitious documents from an accounting firm that “documented” the sale of the book and a huge payout to come as well as a bogus Wells Fargo statement that showed millions of dollars as pending. 

Of course, there was no book deal with Tyler Perry and the victims lost the money loaned and/or invested. 

The case was investigated by agents of United States Postal Inspection Service.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

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Contact Person: Lance Crick (864) 282-2100

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Xavier Lee Gist, age 22, of Spartanburg, pled guilty in federal court in Greenville, to possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c) and possession with intent to distribute crack cocaine, a violation of Title 21, United States Code, Section 841(a)(1). United States District Judge Bruce Howe Hendricks, of Charleston, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
 
Evidence presented at the change of plea hearing established that on May 19, 2016, officers with the Spartanburg Police Department observed a silver Nissan Maxima with North Carolina tags fail to signal a left hand turn.  Officers initiated a traffic stop but the vehicle failed to stop.  Officers were able to identify the driver as Xavier Gist by sight during the pursuit based on prior interactions with Gist. Gist jumped from the vehicle and was apprehended after a brief foot chase.  Officers, with the vehicle, observed in plain sight a Smith and Wesson 9mm handgun on the passenger seat.  Prior to the vehicle being towed, officers recovered a silver whisk and a set of digital scales from the center console.  Approximately 4.4 grams of cocaine base (crack) was located on the street where Gist jumped from the vehicle. 

Gist faces up to ten years in federal prison for the offense and remains in federal custody. 

The case was investigated by the Spartanburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Special Assistant United States Attorney Jennifer Wells, a 7th Circuit Assistant Solicitor designated by Solicitor Barry Barnette to identify and expedite state cases for federal prosecution, handled the case.

Gist was arrested federally as a part of “Operation Real Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. 

In addition to the Spartanburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Real Time’s core partners include the Greenville Police Department, the Greenville County Sheriff’s Office, the Anderson City Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 7th Circuit Solicitor’s Office, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office. 

Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 97 defendants and seizure of approximately 130 firearms as well as assorted ammunition from prohibited persons.

U.S. Attorney Beth Drake commended the partnership between the local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office adopting the case, “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”

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Contact Person: Lance Crick (864) 282-2105

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Nerissa A. Orr, age 42, of Simpsonville, and Craig A, Mann, age 21, of Greenville, pled guilty today in federal court in Greenville, to a conspiracy to commit mail theft, a violation of Title 18, United States Code, Section 371.  United States District Judge Bruce Howe Hendricks, of Charleston, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
 
Evidence presented at the change of plea hearing established that the defendants stole mail in and around Greenville County in an effort to obtain bank account numbers, routing numbers, and identification information.  Once in possession of this material they would create counterfeit checks and negotiate them to obtain money for methamphetamine. 

On June 10, 2016, a search warrant was executed in connection with this investigation at the Greenville home of co-conspirator Cary L. Wright, age 38, who has already been sentenced to 51 months in the Bureau of Prisons for his participation in the offense.  Items recovered from the residence included, but was not limited to, numerous pieces of mail belonging to others, checks stolen from the mail, financial transaction cards, blank check stock, counterfeit checks, and a computer used for check counterfeiting.  Many of the counterfeit checks were made out to Mann and Orr, but had yet to be negotiated.  

Ms. Drake stated the maximum penalty defendants can receive is a fine of $250,000 and/or imprisonment for 5 years, plus a special assessment of $100.

The case was investigated by agents of the Greenville City Police Department and the United States Postal Inspection Service.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

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Contact Person: Lance Crick (864) 282-2100

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Timothy Garrett Holmes, age 22, of Anderson, pled guilty today in federal court in Greenville, to felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Section 922(g)(1).  United States District Judge Bruce Howe Hendricks, of Charleston, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
 
Evidence presented at the change of plea hearing this morning established that on January 10, 2017, at approximately 5:30pm, Anderson City Police officers were attempting to conduct a traffic stop when they observed Holmes, the front seat passenger of the vehicle, open the passenger door while the vehicle was moving and discard an item which was later determined to be a blue glass pipe with methamphetamine residue. 

Once the vehicle stopped, officers observed Holmes remove an item from his person and throw it towards the driver as they approached.  Officers were then able to observe in plain view a handgun in the floorboard at the driver’s feet. Holmes and the driver were then removed from the vehicle while officers secured the firearm, a loaded Glock .40 caliber pistol with an extended magazine and a round in the chamber.  Officers also located a backpack containing additional ammunition and two pipe bombs in the vehicle. 

After his arrest, Holmes, who was on state probation at the time, was interviewed at the Anderson Police Department by law enforcement.  Holmes told the officers that he bought the gun off the streets for protection and that he knew he was not able to possess a firearm because he was a felon, which is why he took the firearm off and tossed it into the floor board at the driver’s feet. Regarding the pipe bombs, Holmes told the officers that they were given to him for protection.  ATF later removed and detonated the pipe bombs. 

Holmes faces up to ten years in federal prison for the offense and remains in federal custody. 

The case was investigated by the Anderson City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  First Assistant United States Attorney Lance Crick handled the case. 

Holmes was arrested federally as a part of “Operation Real Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. 

In addition to the Anderson Police Department and the Bureau of Alcohol, Tobacco, and Firearms, Real Time’s core partners include the Greenville Police Department, the Greenville County Sheriff’s Office, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the United States Attorney’s Office. 

Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 97 defendants and seizure of approximately 130 firearms as well as assorted ammunition from prohibited persons. 

U.S. Attorney Beth Drake commended the partnership between the local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”

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