Western District of Virginia

WASHINGTON – The Department of Justice today announced the launch of the Civil Rights Reporting Portal. This new online tool will make it easier for the public to report a civil rights violation.

“The department is committed to upholding the civil and constitutional rights of all people in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Reporting Portal will make it easier for the public to connect with us, which in turn makes us more effective at upholding these important rights. I encourage the public to use this portal to report civil rights violations.”

The new Civil Rights Reporting Portal – located at civilrights.justice.gov – will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.

Individuals who believe that they may have been victims of civil rights violations should contact the department by visiting civilrights.justice.gov.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

ROANOKE, Va. – The United States filed a civil complaint here today to recover more than $543,000 from individuals based in China who purported to sell face masks and N-95 respirators at inflated prices but never shipped the products.

According to court documents, a number of fraudulent websites were established to purportedly sell N-95 respirators and other protective facemasks in February and March of 2020, just as the number of COVID-19 cases were rising in the United States and the demand for this type of equipment was increasing. The websites were a fraud.

“It is unconscionable that anyone would exploit the increased demand for personal protective equipment brought on by the COVID-19 international pandemic,” First Assistant United States Attorney Daniel P. Bubar said today. “Today’s complaint demonstrates our Office’s commitment to aggressively pursue those who attempt to defraud individuals and entities during this public health crisis.  I am proud of Coronavirus Fraud Task Force and the way we have worked together across Virginia to hold fraudsters accountable.”

Payments for the masks were made through four separate PayPal accounts, all associated with telephones numbers and internet protocol addresses based in China. Law enforcement in the United States became aware of these websites when customers began to notice irregularities with their orders. Some customers simply never received the masks they ordered. Other customers, instead of receiving masks or respirators, received toys or rhinestone necklaces. Victims of the fraud include individuals in the Western District of Virginia, a Florida municipality, and a Wisconsin sheriff’s office. 

“The Virginia Coronavirus Fraud Task Force is committed to identifying and pursuing fraudsters seeking to exploit this pandemic,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “As today’s action shows, we will continue to use all available tools to disrupt overseas criminals who defraud our citizens as they try to protect themselves and their families.” 

Today’s filing will forfeit $205,242 from one account, $128,868 from another, $194,982 from a third, and $13,923 from a fourth account. All of these PayPal accounts were associated with the fraudulent websites. 

“Criminals have taken advantage of the COVID crisis for months to steal money from unsuspecting victims,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “Investigation by the Virginia Coronavirus Fraud Task Force (VCFTF) identified several fraudulent websites that marketed protective equipment at high mark-up but then never shipped the goods to customers. The forfeiture complaint filed today by the U.S. Attorney will prevent these fraudsters from profiting from the pandemic, as well as provide restitution to their victims.  The FBI encourages anyone who suspects fraud or has been victimized to report those events to the FBI’s Internet Crime Complaint Center (www.IC3.gov).”

“The fraud perpetuated by these entities is unacceptable and put countless lives at stake during the height of the COVID-19 pandemic,” said Virginia Secretary of Public Safety and Homeland Security Brian Moran. “I am proud of the fact that our state and federal public safety partners had the foresight to recognize the potential for foreign and domestic entities to prey on Virginians during a worldwide crisis. Due to the quick and effective actions by law enforcement and the U.S. Attorney’s Office, these fraudulent entities will be now held responsible for their harmful, deceptive practices.” 

Mr. Bubar thanked the Department of Justice’s COVID-19 Hoarding and Price Gouging Task Force.  Attorney General William P. Barr created the COVID-19 Hoarding and Price Gouging Task Force, led by Craig Carpenito, United States Attorney for District of New Jersey, who is coordinating efforts with the Antitrust Division and U.S. Attorneys across the country wherever illegal activity involving protective personal equipment occurs.

The investigation of the case was conducted by the FBI’s Richmond Division. Assistant U.S. Attorneys Krista Consiglio Frith and Michael Baudinet are litigating the case.

The Virginia Coronavirus Fraud Task Force:

https://www.justice.gov/usao-wdva/covid-19-fraud

Western Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Michael Baudinet, USAVAW.COVID19@usdoj.gov or 540-278-1494.

Eastern Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Kaitlin G. Cooke, USAVAE.COVID19@usdoj.gov or 804-819-5416.

To report a COVID-19 fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) at http://justice.gov/disastercomplaintform.  

FBI at:  https://www.ic3.gov or 804-261-1044. 

To report fraudulent activity to the Virginia State Police, Virginians can contact the Virginia Fusion Center (VFC) at vfc@vfc.vsp.virginia.gov.

For continuing information on the COVID-19 virus and the federal response, check https://www.cdc.gov/coronavirus/2019-ncov/index.html

FiledCivilComplaint

ROANOKE, Va. – United States Attorney Thomas T. Cullen announced today his office’s plan to make available $178,759 in grant funds to help improve offender intervention and rehabilitation efforts in three areas of the Western District of Virginia. The grant money is part of the Department of Justice’s Project Safe Neighborhoods [PSN] a nationwide program designed to create and foster safer neighborhoods through a sustained reduction in violent crime by, among other means, addressing criminal gangs and the illegal use of firearms.  More information regarding the U.S. Attorney’s Office PSN program, the available grant funds, and the grant-application process can be found at www.vachiefs.org/psn-wdva.

“Community-focused prevention, outreach, and rehabilitation efforts play an important role in reducing violent crime and gang-related activity,” U.S. Attorney Cullen stated today. “I am excited that my friend and former U.S. Attorney Tim Heaphy has agreed to oversee our grant-selection process and am confident that he will deploy these resources wisely.” 

The PSN Grant Program is eligible to nonprofits, community organizations and services providers, faith-based groups, and units of local or state governments that operate or have the ability to serve one of the three PSN target enforcement areas for the Western District of Virginia- the City of Danville, the City of Lynchburg, and the Roanoke County/Roanoke City region.

In recent years, violent crime has risen in Roanoke, Danville, and Lynchburg.  For example, in 2016 the homicide rate in Danville spiked from an average of four murders per year to 16 total.  Per capita, this homicide rate exceeded that of major Virginia urban areas like Richmond and Hampton Roads.  Intelligence and evidence attributes this violence to increased street gang activity, which is consistent with statewide crime trends. 

In response, the United States Attorney’s Office for the Western District of Virginia implemented PSN.  Called Project Community Justice, the backbone of PSN is the collaboration of community organizations as well as federal, state, and local law-enforcement agencies to build evidence-based and intelligence-led approaches to identifying the most violent gangs and offenders in each community and deploying their combined resources not only to prevent violent crimes but also, through offender intervention and rehabilitation efforts, to help break the cycle of violence by addressing its underlying causes.  The Grants Program is just one component of multiple concerted efforts the U.S. Attorney’s Office has implemented in Danville, Roanoke, and Lynchburg.

The United States Attorney’s Office recognizes that local government leaders, social service providers, neighborhood leaders, and members of the faith community are an essential part of a successful PSN program, especially those focused on at-risk youth and gang intervention efforts, and hopes that the available grant funds will enable local entities and nonprofits to further their missions of crime prevention and offender intervention and rehabilitation.

Under the program, $178,759 is available to eligible entities in the Western District of Virginia. Those funds will be divided between Danville, Roanoke, and Lynchburg. 

In order to administer its PSN grant funds, the United States Attorney’s Office has selected community members to serve as members of an independent Grants Committee.  The Committee is chaired by Timothy J. Heaphy, a former United States Attorney for the Western District of Virginia and the current General Counsel for the University of Virginia, and is composed of community-outreach experts, grant experts, community leaders, and former law-enforcement personnel.  None of the members are current federal employees, and no member will be eligible to apply for or receive PSN funding.  This Grants Committee has selected the Virginia Association of Chiefs of Police and Foundation, Inc. (VACP) to serve as its Fiscal Agent for these funds. 

Complete applications should be submitted to suzanne@vachiefs.org by 5:00 p.m., on July 17, 2020.

ABINGDON, Va. – An inmate at the USP Lee in Jonesville, Virginia, pleaded guilty today in U.S. District Court to unlawfully possessing a weapon inside the prison, United States Attorney Thomas T. Cullen announced.

Antwan Johnson, 28, of Jonesville, pleaded guilty today to one count of possessing contraband in a prison, that contraband being a weapon. Johnson, who faces up to an additional five years in prison for his most recent offense, will be sentenced on September 3, 2020.

According to information presented at his guilty plea hearing, on January 6, 2020, Johnson was subjected to a search by Bureau of Prisons Officers before being escorted into the shower area. At that time, officers were alerted to a metal object in the defendant’s right shoe. The object discovered was approximately 7.5 inches long, made of metal, sharpened to a point at one end with a handle made of fabric on the other end.

The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Steven J. Luckie prosecuted the case for the United States.

                       

ABINGDON, Va. – In a federal criminal complaint issued yesterday, a Richlands, Va. man, who appeared at a health clinic with severe injuries to his hands and fingers, is charged with lying to federal investigators about how he was injured and whether or not he possessed explosives. United States Attorney Thomas T. Cullen, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, and Colonel Gary T. Settle, Superintendent of the Virginia State Police made the announcement today.

Cole Carini, 23, was arrested yesterday and is charged with one count of lying to federal agents. He will make his initial appearance in later today in U.S. District Court.

According to court documents, on June 3, 2020, Carini went to a health clinic in Richlands suffering from an amputated hand, amputated fingers on the opposite hand, and shrapnel wounds to the neck and throat. After being interviewed at the hospital by officers, Carini reported that his injuries were caused by a lawn mower accident at his home.

During a search of Carini’s home, agents found the lawn was overgrown and found no other evidence indicating a lawn mower had recently been used. They did, however, find evidence of an explosion, more consistent with the types of injuries Carini had suffered.  Agents also discovered significant quantities of what is believed to be Triacetone Triperoxide, an explosive substance used in the creation of improvised explosive devices.

When questioned again, Carini insisted that he was injured when the lawn mower flipped over while he was mowing the grass.  Carini also stated he had no explosives in his residence.

The investigation of the case is ongoing and is being conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Virginia State Police, the Richlands Police Department and the Tazewell County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit Pierce are prosecuting the case for the United States.

A criminal complaint is merely an accusation.  The defendant is presumed innocent until proven guilty in a court of law.       

ROANOKE, Va. – Nikolai Hall-Andujar, of Front Royal, Virginia, was sentenced yesterday to 46 months in prison for his role in a heroin distribution conspiracy that brought hundreds of grams of the drug from Baltimore to Front Royal between 2015 and 2018. United States Attorney Thomas T. Cullen and Jesse R. Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division made the announcement today.

“The scourge of heroin and other illicit drugs entering the Northern Shenandoah County community has caused pain, addiction, and death for years,” First Assistant United States Attorney Daniel P. Bubar said today. “Eradicating these potentially lethal substances remains a top priority for law enforcement and I am grateful to the Drug Enforcement Administration and all the agencies involved in the Northwest Virginia Regional Drug and Gang Task Force for continuing to embrace the challenge.”

“The effect that heroin has had on our communities and families across the DMV has been devastating. The sentencing in this case, along with the help of local and federal agencies across the DMV, is to be commended for the impact it’s had on communities across Maryland, DC, and Virginia,” Special Agent in Charge Fong said today. “The DEA Washington Division is dedicated to continuing combatting this deadly problem for our area by taking dangerous criminals and organizations like this off our streets and combatting drug trafficking across our area.”

According to court documents, Hall-Andujar, who previously pleaded guilty to one count of conspiracy to distribute heroin, was part of the “Chris” heroin distribution organization based out of Baltimore. Between summer 2015 and spring 2018, Hall-Andujar was responsible for distributing no less than 400 grams of heroin to individuals in Front Royal and Winchester.  

Hall-Andujar obtained quantities of heroin ranging from 4 to 5 grams at a time, every other day, and sometimes up to 10 grams, from the “Chris” pipeline in Baltimore. Once the purchase was complete, Hall-Andujar returned to Front Royal and Winchester to use and redistribute the heroin he obtained.

The investigation of the case was conducted by the Drug Enforcement Administration’s Winchester Office, the Front Royal Office of the Virginia State Police Northwest Regional Drug and Gang Task Force, the Baltimore City Police Department, the Baltimore County Police Department, the Frederick, Maryland Sheriff’s Office, the Loudoun County, Virginia, Sheriff’s Office and the Howard County, Maryland, Sheriff’s Office. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.

ABINGDON, Va. – A pharmacist who worked at Rite Aid in Saltville, Virginia who was filling prescriptions in the names of at least five different dogs connected to his girlfriend’s veterinary clinic, pleaded guilty yesterday in U.S. District Court in Abingdon. United States Attorney Thomas T. Cullen and Jesse R. Fong, Special Agent in Charge of the Drug Enforcement Administration [DEA], Washington Field Division, made the announcement today.

Ryan Lowry Patrick, 34, of Gray, Tennessee, pleaded guilty yesterday in federal court to one count of obtaining drugs by fraud and one count of using the registration number of another in the course of acquiring a controlled substance. Patrick will be sentenced on August 28, 2020. At sentencing, he faces up to four years in prison and/or a fine of up to $250,000.

“We place great trust in our pharmacists to ensure that controlled substances are carefully and properly dispensed.  When they break this trust and divert pharmaceutical drugs for illegal purposes, the cycle of addiction continues, with all of its harms,” said First Assistant United States Attorney Daniel P. Bubar.  “We will continue to tirelessly prosecute anyone who participates in the opioid crisis.”

“From the street corner to the clinic to our pharmacies, DEA Washington will continue the critical work of bringing to justice those who are taking advantage of the system for their own gain and fueling the opioid crisis in Virginia,” Special Agent in Charge Fong said today.

According to evidence provided at his guilty plea hearing by Assistant United States Attorney Whit Pierce, Patrick worked as a pharmacist at Rite Aid in Saltville, Virginia. Patrick’s girlfriend operated a veterinary clinic located in Bluff City, Tennessee.

The DEA’s investigation uncovered that Patrick was filling multiple prescriptions in the names of five dogs that belonged to Patrick and his girlfriend for his own use. The prescriptions were written by a veterinarian who worked at the veterinary clinic operated by Bailey’s girlfriend.

A review by the DEA of the Virginia Prescription Monitoring Program [PMP] confirmed that between January 7, 2019 and December 29, 2019 approximately 47 prescriptions were filled in the names of the five dogs. All of these prescriptions were allegedly issued or authorized by the veterinarian.

Agents with the DEA reviewed records at the Saltville Rite Aid and were unable to trace the origins of the prescriptions listed in the PMP. When questioned, the veterinarian confirmed that many of the prescriptions for controlled substances the DEA found at the Rite Aid had been altered, and many were simply photocopies of previously written prescriptions. She further stated that one dog had been euthanized in August 2019 and the seven prescriptions filled for him after that date were clearly unauthorized.

The investigation of this case was handled by the Drug Enforcement Administration. Assistant United States Attorney Whit D. Pierce is prosecuting the case for the United States.

ABINGDON, Va. – A Tennessee woman pleaded guilty yesterday in U.S. District Court in Abingdon to a federal drug conspiracy charge related to the distribution of more than 500 grams of methamphetamine between 2017 and September 2019, United States Attorney Thomas T. Cullen announced today.

Kayla Quesenberry, 31, pleaded guilty yesterday to one count of conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine. A sentencing hearing has been scheduled for August 28, 2020. At sentencing, Quesenberry faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of lifetime incarceration. 

According to court documents, from approximately October 2017 to September 2019 Quesenberry was a member of a drug distribution conspiracy that operated in Northeast Tennessee and Southwest Virginia. As part of the conspiracy, Quesenberry obtained and transported multiple kilograms of methamphetamine from or for various sources and provided it to other members of the conspiracy for re-distribution throughout Southwest Virginia.

The investigation was handled by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Virginia State Police. Assistant United States Attorney Cagle Juhan prosecuted the case for the United States.

HARRISONBURG, VIRGINIA – John William Hooser III, a Middlebrook, Va., man who conspired with others to distribute methamphetamine, was sentenced today in U.S. District Court in Harrisonburg to 60 months in federal prison. United States Attorney Thomas T. Cullen and Drug Enforcement Administration Special Agent in Charge Jesse Fong made the announcement today

In October 2019, Hooser, 33, pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine, one count of possessing with the intent to distribute methamphetamine, and one count of being an unlawful user of a controlled substance illegally in possession of a firearm.

According to court documents, from May 2018 to August 2018, Hooser conspired with others to traffic methamphetamine from a source of supply in Oklahoma into the Western District of Virginia. Hooser has admitted to participating in transactions totaling approximately 658 grams of methamphetamine during the life of the drug distribution conspiracy.

The case was investigated by the Drug Enforcement Administration, Shenandoah County Sheriff’s Department, Augusta County Sheriff’s Department, and the Staunton Police Department. Assistant United States Attorney Jeb Terrien prosecuted the case for the United States.

HARRISONBURG, VIRGINIA – An Odessa, Texas man, who had an online relationship with a juvenile female in the Western District of Virginia, pleaded guilty today in U.S. District Court in Harrisonburg to cyberstalking and making interstate threats to the girl’s family following her suicide. United State Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today.

Adrian Raul O’Dell, 20, was charged in October of 2019 and arrested the following month at his home in Texas. He pleaded guilty today to two counts of cyberstalking and one count of making interstate threats. 

“Today’s guilty plea demonstrates that online conduct can cause victims serious harm and cyberstalking will not be tolerated. With increasing amounts of our lives and business being conducted online, these kinds of cases remain a priority for this office,” First Assistant United States Attorney Daniel P. Bubar said today. “I am grateful for the hard work of the FBI and the Warren County Sheriff’s office in identifying this defendant and bringing him to Virginia to face justice.”

“The facts of this case speak for themselves and are saddening to us all.   Although today’s plea will not make up for the loss to the victim’s family or the pain they endured, we hope it reassures them of the FBI's full commitment to investigate such matters to the fullest extent of the law,” Special Agent in Charge Archey said today. “We are grateful for the assistance of the United States Attorney's Office, the FBI's El Paso Field Office/Midland Resident Agency and the Warren County Sheriff’s Office for their diligence and assistance in this investigation.”

According to court documents, between September 2017 and around March 2018, O’Dell had an online relationship with a 16-year-old girl who lived in Linden, Virginia. In May 2018, following an investigation by the Warren County Sheriff’s Office, it was determined that the girl died by suicide in a wooded area near her home.

The indictment alleges that from June 2018 through June 2019, O’Dell, using a variety of false email and online personas, took credit for her suicide.  The defendant then sent threatening and intimidating messages to her family members and friends that placed them in reasonable fear of death and serious bodily harm. In addition, these messages attempted to cause friends and family members substantial emotional distress.  The defendant sent certain of these messages in violation of a protective order.

The investigation of the case was conducted by the Federal Bureau of Investigations and the Warren County Sherriff’s Office.  Assistant United States Attorney Kate Rumsey is prosecuting the case for the United States.

Roanoke, Va. – A Roanoke City man, who federal authorities allege distributed heroin and fentanyl, and possessed a firearm in furtherance of his drug trafficking activities, was arrested yesterday on a federal criminal complaint. United States Attorney Thomas T. Cullen made the announcement today following the unsealing of the criminal complaint.

The investigation is being handled by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshals Service, the Roanoke Area High Intensity Drug Trafficking Area Task Force [HIDTA], the Roanoke County Commonwealth Attorney’s Office, the Roanoke County Police Department, the Roanoke City Police Department, the Salem Police Department, the Virginia State Police, and the United States Postal Service’s Office of the Inspector General.

The criminal complaint charges William Preston Ramey-Woodard, 39, with one count of distribution of a mixture containing heroin and fentanyl and one count of possessing a firearm in furtherance of a drug trafficking crime.

According to court documents, the alleged criminal activities took place in the Western District of Virginia in March, April, and May 2020.

The investigation of this case is ongoing.  Assistant United States Attorney Andrew Bassford is prosecuting the case for the United States.

This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, various stakeholders work together to identify the most pressing crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

A criminal complaint is only a charge and not evidence of guilt.  All defendants are considered innocent until proven guilty.

ABINGDON, VIRGINIA. – Travis Ryan Skaggs, a Pennington Gap, Va. man who participated in a conspiracy with 20 others to distribute methamphetamine in Wise and Lee counties in Southwest Virginia, was sentenced on Wednesday in U.S. District Court in Abingdon to 180 months in federal prison on federal drug charges, United States Attorney Thomas T. Cullen announced.

Travis Ryan Skaggs, 31, previously pleaded guilty to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and one count of possession with the intent to distribute and distributing methamphetamine. 

According to court documents, Skaggs was one of 21 defendants charged in a May 29, 2019 indictment alleging a conspiracy to distribute methamphetamine throughout Wise and Lee counties in Southwest Virginia.  Skaggs’s role in the conspiracy was purchasing significant quantities of methamphetamine from higher-ranking members of the conspiracy and then distributing it downstream.  Skaggs also was found to be in possession of a distribution quantity of methamphetamine while serving jail time at Southwest Virginia Regional Jail.   

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police.  Assistant United States Attorneys Lena Busscher, Jonathan Jones, and Anthony P. Giorno prosecuted the case for the United States.

ROANOKE, Va. – A Roanoke man, whom law enforcement accuses of distributing methamphetamine and heroin in Roanoke City, was arrested May 14, 2020, and has been charged via federal criminal complaint with drug distribution.  United States Attorney Thomas T. Cullen and Special Agent in Charge of the FBI’s Richmond Division, David W. Archey announced the arrest today. The investigation is being handled by the member agencies of the Roanoke Area High Intensity Drug Trafficking Area Task Force [HIDTA], as well as by the Federal Bureau of Investigation.

Tyshea Anthony Cunningham, 20, is currently charged with one count of manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute, or dispense a controlled substance.

According to court documents, investigators with HIDTA have identified multiple occasions in which Cunningham sold heroin or methamphetamine.

The investigation of this case is ongoing and being conducted by the Federal Bureau of Investigation, the City of Roanoke Police Department, and the members of the region’s High Intensity Drug Task Force (HIDTA) program.  Assistant United States Attorney Andrew Bassford is prosecuting the case for the United States.

This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, various stakeholders work together to identify the most pressing crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

A criminal complaint is only a charge and not evidence of guilt.  All defendants are considered innocent until proven guilty.

HARRISONBURG, Va. –Katie Harlow, who conspired with dozens of others to traffic heroin and methamphetamine into Shenandoah County, was sentenced yesterday in U.S. District Court in Harrisonburg to 60 months incarceration. United States Attorney Thomas T. Cullen and Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] made the announcement.

“The United States Attorney’s Office will continue to hold individuals accountable who prey on the addictions of others, by trafficking heroin and methamphetamine into our communities,” First Assistant United States Attorney Daniel P. Bubar said today. “We could not prosecute these important cases without the close relationships between our federal, state and local law enforcement partners, for whom we are truly grateful.”

“ATF is a proud partner in the Northwest Virginia Regional Drug and Gang Task Force, whose exceptional work against this trafficking organization has led to multiple indictments of these criminal offenders,” said ATF Washington Special Agent in Charge Ashan M. Benedict. “More importantly, these efforts have helped stem the flow of illegal narcotics and other criminal activity into Shenandoah County and all of western Virginia.”

Harlow, 38, pleaded guilty in April 2019 to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of distributing methamphetamine.

According to court documents, Harlow admitted to being part of a conspiracy that distributed large amounts of heroin and methamphetamine into the Shenandoah County area from 2016 through late 2018. In all, 18 defendants were indicted in 2018 and charged with conspiring to distribute and possess with the intent to distribute heroin and methamphetamine.

To date, the following have been sentenced:

1. Anthony Benjamin Testerman- 125 months
2. William Ray Shoemaker- 72 months
3. Jeffrey Craig Mays- 47 months
4. Javon Eugene Cook- 110 months
5. Brooke McIntosh- 67 months
6. Jonathan Lewis Hodges- 130 months
7. Kenneth J. Webb- time served
8. Amanda Jean Mullins- 48 months
9. Michael Mullins- 101 months
10. Dietrich Day II- 48 months
11. Christian Michael Burhop – 120 months
12. Christopher Thomas Trimble- 120 months
13. Brandon Wayne Eppard- to be sentenced August 3, 2020
14. Tiffany Bowman Lopez- 5 months
15. Erika Lam- time served
16. Justin Tyler Mumaw- 65 months
17. Dana Marie Silvious- 18 months

 

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Shenandoah County Sheriff’s Office, the RUSH Drug Task Force, the Northwest Virginia Regional Drug and Gang Task Force, the Mount Jackson Police Department, the Woodstock Police Department, the Front Royal Police Department, the Timberville Police Department, and the Shenandoah County Commonwealth’s Attorney’s Office. Assistant United States Attorneys Grayson A. Hoffman and Jeb Terrien prosecuted the case for the United States.

CHARLOTTESVILLE, Va. – Elliott Atwell, a Charlottesville man who allegedly sent male enhancement pills to a 16-year-old living in New Jersey, was arrested this morning at his home in Charlottesville on a federal criminal complaint and charged with dispensing prescription drugs without a valid prescription. United States Attorney Thomas T. Cullen of the Western District of Virginia, United States Attorney Craig Carpenito of the District of New Jersey, Gregory W. Ehrie, Special Agent in Charge of the FBI’s Newark Division, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division announced the arrest today following the defendant’s initial court appearance this afternoon in Virginia.

Atwell, 30, is charged with two counts of dispensing drugs without a valid prescription, each of which could result in a year of imprisonment and a $1,000 fine.

According to court documents, over the course of the past several years, Atwell developed online and in-person relationships with multiple juveniles in New Jersey, and elsewhere. In March 2020, a 16-year-old juvenile living in New Jersey told investigators that Atwell sent him a package containing “Viagra” in the mail. Atwell told the juvenile the medication he was sending would cause him to have erections that would last for hours and would allow him to have sex “like a porn star.”

The juvenile’s mother intercepted the package and turned it over to investigators. Upon examination, the package was revealed to contain prescription medication for male erectile dysfunction. In addition, the package contained warnings to “keep out of reach of children” and to only be used by medical professionals.

The investigation of this case remains ongoing and is being handled by the Federal Bureau of Investigation in both Virginia and New Jersey. Assistant United States Attorneys Kristen Harberg, Heather L. Carlton, and Ronald M. Huber are prosecuting the case for the United States.

A criminal complaint is only a charge and not evidence of guilt. All defendants are considered innocent until proven guilty.

ROANOKE, Va. – In honor of National Police Week, U.S. Attorney Thomas T. Cullen recognizes the service and sacrifice of federal, state, local, and tribal law enforcement in the Western District of Virginia. The week will be observed Sunday, May 10 through Saturday, May 16, 2020.

“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”

“On a daily basis, police officers encounter situations and circumstances that put their lives at risk,” U.S. Attorney Thomas T. Cullen stated today.  “They also regularly witness unspeakable acts of violence, cruelty, and tragedy—horrors that, for most of us, would be unimaginable.  Despite this—and the day-to-day reality of facing increased levels of anti-police bias—these brave men and women remain resolute, standing as the first and last line of defense between safety, security, and the rule of law on one side, and mayhem on the other.  It is therefore appropriate that we take time this week to honor their sacrifice.”     

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.

Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019, including one office here in the Western District of Virginia.

On February 4, 2019, Trooper Lucas Bartley Dowell was shot and killed as he and other members of the Virginia State Police's Tactical Team made entry into a home to secure it for a search warrant as part of a narcotics investigation.

Trooper Dowell had served with the Virginia State Police for four years and was assigned to the Appomattox Division. He is survived by his parents and sister

Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.

The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 PM (EDT).  The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.

 

ABINGDON, Va. – A Saltville, Va., man, who lied about his own death in order to hide assets from the federal bankruptcy court and later fraudulently assumed the identity of an attorney from Florida to further the scheme, pleaded guilty yesterday in U.S. District Court in Abingdon to a series of crimes, United States Attorney Thomas T. Cullen announced.

“In an effort to game the bankruptcy system, Mr. Geyer devised a made-for-TV plot that ultimately collapsed under its own weight,” U.S. Attorney Cullen stated today.  “The audacity of his fraud scheme not only shocks the conscience, but it offends the integrity of our judicial system.”

“Despite its complexity and shameless use of deceit, including against his own wife, Mr. Geyer’s scheme failed to account for the FBI’s and the US Attorney’s office’s commitment to protect both fraud victims and our judicial system.” Special Agent in Charge of the FBI’s Richmond Division David W. Archey said today. “Yesterday's guilty plea is a just and fitting end to Mr. Geyer’s audacious plan.  We are grateful for the USAO’s efforts and assistance in this case.”

Yesterday in U.S. District Court, Russell Geyer, 50, pleaded guilty to one count of contempt of court, one count of bankruptcy fraud, one count of wire fraud, and one count of aggravated identity fraud. At sentencing, Geyer faces up to life in federal prison. He will be sentenced on August 6, 2020, at 2:30 p.m.

According to court documents, Geyer devised a scheme to defraud the United States Bankruptcy Court through a series of deceptive statements designed to hide assets and maintain control of collateral. These actions included, but were not limited to, repeatedly lying about fake medical conditions, including prostate cancer, bone cancer, cardiac issues, a brain aneurysm, and pneumonia. 

On August 30, 2019, the attorney working for Geyer informed the court that he had received an email purportedly from Russell Geyer’s wife, stating that Russell was dead. In fact, Russell Geyer had sent the email posing as his wife.

At a September 5, 2019 hearing, Mrs. Geyer testified that her husband was alive and that neither she, nor Russell Geyer, had been out of town and in the hospital for the serious medical conditions claimed by the defendant throughout the case.

During the September 5, 2019 hearing, Russell Geyer’s attorney read into the record an email he received from an attorney in Florida indicating that the Florida attorney had sold some of the assets involved in the bankruptcy proceedings without the Geyers’ knowledge. The email further stated that he had complete control of Russell and told him to kill himself. The attorney concluded the email with “I am on a plane out of the country.”

The investigation determined that the Florida attorney whose name was used in the email actually exists but had nothing to do with this case. Instead, Russell Geyer used the Florida attorney’s name and a bogus email account to send these emails without the Florida attorney’s knowledge.

Further investigation revealed that Geyer had assumed the Florida attorney’s identity to fraudulently obtain $70,000 from his own wife. Geyer told his wife that he was going to receive more than $1 million in a settlement from a case that the Florida attorney was handling for him.  Geyer said he needed money to pay the attorney’s fees before the money would be released.  Geyer then used a bogus email address and an app that disguised his voice to pose as the Florida attorney and to confirm that a settlement was imminent.  It was all untrue.

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.

Harrisonburg, Va. – A pair of former business partners who operated multiple websites selling drugs and other products to the bodybuilding community, were sentenced today in U.S. District Court in Harrisonburg on federal conspiracy charges. United States Attorney Thomas T. Cullen and Special Agent in Charge Mark S. McCormack of the Food and Drug Administration’s Office of Criminal Investigations Metro Washington Field Office, made the announcement today.

“Manufacturers and distributors of nutritional supplements must ensure that that their products do not contain FDA-restricted substances, and they must accurately label those products,” U.S. Attorney Cullen stated today. “We will continue to work closely with the FDA to investigate and prosecute individuals and entities who unlawfully market and dispense products that are essentially prescription drugs.”   

“U.S. consumers should be able to trust that the dietary supplements they buy do not contain dangerous drug ingredients. When criminals disguise potent drugs as dietary supplements, they place consumers at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office. “We will continue to pursue and bring to justice those who peddle these dangerous products.” 

Today in federal court, Spencer Gill, 31, of Rancho Palos Verdes, Calif. and Anthony Novak, 46, of Anaheim, Calif., were each sentenced to one-year of probation. In addition, the defendants were ordered to forfeit $130,000. Gill and Spencer both previously pleaded guilty to one count of conspiracy to defraud the United States Food and Drug Administration (FDA).

According to court documents, between March 2013 and April 2018, Gill and Novak conspired to operate multiple business entities and websites selling drugs and other products to the bodybuilding community as part of a scheme to defraud the FDA. Some of these drugs contained ingredients that were not approved by the FDA for human use and were to be dispensed only under the supervision of a practitioner licensed by law to administer them, meaning they were prescription drugs.

Gill and Novak caused many of the drugs they sold to be labeled “for research purposes only.” The defendants caused similar disclaimers to be posted on various websites with the knowledge such representations were false and fraudulent. Gill and Novak admitted to marketing and selling the drugs to customers who intended to, and did, consume the drugs and only claimed the drugs were for “research purposes only” to avoid regulatory oversight by the FDA.

The investigation of this case was conducted by the United States Food and Drug Administration. Assistant United States Attorney Jeb Terrien prosecuted the case for the United States.

 

ABINGDON, Va. – A Grundy, Va., coal company, its owner, and one of its foremen pleaded guilty today in U.S. District Court in Abingdon to conspiring to defraud the United States by cheating on underground coal mine dust sampling procedures under the Federal Mine Safety and Health Act. United States Attorney Thomas T. Cullen and Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA) David G. Zatezalo announced the guilty plea today.

“Coal mining, by its nature, is a hazardous occupation, and federal health and safety laws play a critical role in reducing the dangers miners face on a daily basis,” U.S. Attorney Cullen said today.  “We will continue to work closely with MSHA to ensure that mine owners and operators play by these important rules, and, when they don’t, hold them accountable under federal law.”  

 “These prosecutions are a milestone in MSHA’s vigorous enforcement of the 2014 Respirable Coal Dust Rule. When mining companies ignore the dust sampling rules and try to cheat the system, they place miners at risk. Without accurate samples, we don’t know the levels of respirable coal dust in which miners are forced to work. But we do know that reducing respirable coal dust is central in our efforts to reduce pneumoconiosis and silicosis for the nation’s coal miners. MSHA applauds the Department of Justice for its hard work in showing that violating the law has consequences,” Zatezalo said.

D&H Mining, Inc. pleaded guilty to one felony count of conspiracy to defraud the United States for the dust sampling fraud. D&H Mining also pleaded guilty to a misdemeanor violation of the Mine Act for willfully allowing miners to conduct roof-bolting in return air in violation of the mine’s MSHA-approved ventilation plan.

Daniel Tucker, the owner of D&H Mining and Gerald Ball, a foreman, also pleaded guilty to one felony count of conspiracy to commit dust sampling fraud.

According to court documents, Tucker and Ball conspired to defraud MSHA by taking personal dust monitors off miners before the end of the shift and hanging them in clean air, programming the monitors to shut off before the end of a shift, and submitting false reports to MSHA.

Pursuant to the terms of his plea agreement, Tucker will pay $80,000 as a criminal fine within 60 days of his plea. The district court will sentence D&H Mining, Tucker, and Ball on August 11, 2020.

From May 2017 to August 2019, Tucker repeatedly programmed personal dust monitors that miners must wear the entire time they are underground while conducting required dust sampling to automatically shut off after 9 hours despite running shifts of 10 hours. Ball removed personal dust monitors from miners working underground in dusty conditions and hung them in areas of the mine with clean air in an attempt to prevent the devices from registering elevated levels of respirable dust in the working areas of the mine. MSHA’s dust sampling regulations are designed to reduce the level of respirable coal dust in mines to reduce the risk of miners developing pneumoconiosis (“black lung”) and silicosis, the most common coalmine dust-caused diseases. D&H Mining further allowed miners to conduct roof-bolting operations in return dirty air despite its ventilation plan.

The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration. Special Assistant United States Attorney Jason Grover from the Department of Labor and Assistant United States Attorneys Lena Busscher and Randy Ramseyer prosecuted the case for the United States.

 

ABINGDON, Va. – A Bristol, Virginia, man who is accused of messaging who he thought was a 14-year-old girl but was actually an online covert employee of the Federal Bureau of Investigation (FBI), was arrested Saturday on a federal criminal complaint and charged with child exploitation and child pornography crimes. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today.

Jonathan Neal Sexton, 34, of Bristol, Va., was arrested at a residence in Bristol, Virginia, Saturday and charged with sexual exploitation of children and activities relating to the distribution of child pornography.

“At a time when our children are increasingly reliant on the Internet for distance learning and social interaction, parents need to be especially vigilant to protect them from online predators,” U.S. Attorney Cullen stated today.  “We will continue to work closely with our federal, state, and local partners to identify and arrest those who utilize social media to prey on minors.”

“Protecting children from all forms of exploitation, including that which occurs online, is one of law enforcement’s highest duties,” Special Agent in Charge Archey said today. “The FBI and its law enforcement partners will use all available tools to identify and arrest child predators, hold them accountable and protect our communities.  We encourage parents, caregivers, guardians and teachers to remain vigilant to this threat and report suspicious activity to law enforcement immediately. We are grateful for the assistance of the USAO WDVA, the US Marshal’s Service and the Bristol PD for their assistance on this case.” 

According to the charging documents, between February 28, 2020 and his arrest on Saturday, Sexton used the chat application KIK to correspond with who he believed to be a 14-year-old female. The 14-year-old was actually an undercover employee of an FBI Human Trafficking & Child Exploitation Task Force. During these chats, despite the “teen” being in the “clean area” of the KIK app, Sexton engaged the “teen” in conversations about masturbation, sex toys, sexual intercourse, and other topics. He also sent pictures of sex toys and videos of himself masturbating. He routinely asked the “teen” to send him nude pictures, and referenced the time when they could see each other and engage in sexual conduct.  On multiple occasions, Sexton sent the “teen” pictures of prepubescent females nude and engaging with prepubescent males in sexual conduct. The defendant claimed he engaged in such sexual conduct with the individuals depicted in the pictures in the past.

The investigation of this case is being conducted by the Federal Bureau of Investigation, Virginia State Police, United States Marshal’s Service, and the Bristol, Virginia Police Department.  Assistant United States Attorneys Zachary T. Lee and Lena Busscher are prosecuting the case for the United States.

ABINGDON, Va. – Animal Health International Inc., a Colorado corporation that obtains prescription drugs for animals from manufacturers for further distribution to veterinarians, farms, feedlots, and other facilities, was sentenced today, through its corporate counsel, in U.S. District Court after previously pleading guilty in February 2020 to introducing misbranded drugs into interstate commerce.

At the time of the guilty plea, Patterson Companies, Inc. (Patterson), Animal Health International’s corporate parent, entered into a non-prosecution agreement in which it committed to enhance its compliance program and fully comply with the law.

Animal Health International admitted to introducing and causing the introduction and delivery into interstate commerce of veterinary prescription drugs that were misbranded. Today, pursuant to the agreements entered into by Animal Health International and Patterson, Animal Health International was ordered to pay a forfeiture money judgment of over $46 million, $1 million to the Virginia Department of Health Professionals, and a $5 million fine. All of those amounts have been paid in full pursuant to the plea agreement, which required Animal Health International to make full payment prior to pleading guilty. In addition, Animal Health International was placed on probation for a period of one year. In the past 18 months, Patterson has fully cooperated in the investigation and implemented changes to International’s and its compliance programs to prevent further violations of federal and state law.

United States Attorney Thomas T. Cullen and Special Agent in Charge Mark S. McCormack of the FDA’s Office of Criminal Investigation’s Metro Washington Field Office made the announcement.

“Manufacturers and distributors of veterinary prescription drugs must ensure that these medications are dispensed in accordance with their labels and federal law,” U.S. Attorney Cullen said today.  “Unauthorized distribution and off-label use of prescription medications not only endanger animals and livestock, but also the general public.  The Department of Justice will continue to work closely with the FDA to investigate and prosecute entities and individuals who engage in these types of unlawful business practices.”

“The FDA recognizes the importance of controlling the prescription drug supply for animals. The careless or uncontrolled distribution of prescription animal drugs poses a danger not only to the medicated animals but to the U.S. public health by increasing the risk that humans will become resistant to antibiotics that we unknowingly consume through our food supply.” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office.  “We will continue to pursue and bring to justice those who distribute prescription animal drugs unlawfully.”

The Food and Drug Administration’s restrictions on veterinary prescription drugs are not just to protect animals from the potential harms of prescription drugs, but are also to protect the human food supply from unsafe drug residues in the edible tissues of animals sold for slaughter. Common causes of illegal residues include: (1) exceeding the drug’s approved dose; (2) using a shorter withdrawal period than what is stated on the drug’s label (if a higher than approved dose is given, the labeled withdrawal period may not be enough to allow the drug in the edible tissues to deplete to levels that are at or below the tolerance); (3) using a drug in an extra-label manner (for indications and dosages outside the approved labeling) without a veterinarian’s involvement; (4) giving a drug not approved for that species; and (5) using an unapproved route of administration. Drug residues in the nation's drug supply are concerning because: (1) they may contribute to antibiotic resistance in the human population, rendering human drugs less effective to treat human disease and contributing to the mutations of “superbugs”; and (2) they may cause allergic reactions in individuals with certain drug allergies.

According to previously filed court documents, from 2012 through 2018, Animal Health International caused misbranded veterinary prescription drug shipments to be made throughout the United States by distributing veterinary drugs from its wholesale locations directly to end users, by distributing veterinary drugs to unlicensed individuals, by distributing veterinary drugs pursuant to prescriptions issued by a veterinarian who was not licensed in the state to which veterinary drugs were being shipped, and  by distributing veterinary drugs pursuant to prescriptions issued by a veterinarian who did not have a valid veterinarian-patient relationship with the animals in question.

Two such unlicensed individuals, Marlin Webb and Billy K. Groce, were not properly licensed to receive, transport, store, distribute, or dispense veterinary prescription drugs. Webb was the store manager of a cooperative in Hillsville, Virginia. The cooperative was not a licensed wholesaler, pharmacy, or veterinary clinic. Groce operated an unlicensed veterinary prescription distribution business.  Webb and Groce each obtained veterinary prescription drugs from International in interstate commerce without valid prescriptions, and on many occasions, with no prescriptions at all. Webb and Groce previously pled guilty to criminal charges for their conduct in United States District Court in Abingdon.

While Animal Health International obtained not less than $46,802,203 from its illegal shipments, its profits from such shipments were a small percentage of the amount received.

The investigation of the case was conducted by the Food and Drug Administration-Office of Criminal Investigations with the assistance of the Virginia Department of Health Professions. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.

ROANOKE, Va. – United States Attorneys G. Zachary Terwilliger and Thomas T. Cullen today announced that the Commonwealth of Virginia has been awarded over $10.8 million in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.

The grants, to the Virginia Department of Criminal Justice Services, and to the City of Petersburg, are available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.

“Those on the front lines of the public safety response to the coronavirus have our support, gratitude, and utmost respect,” said Terwilliger. “The Department of Justice provides this funding with significant flexibility, so that state and local departments can use it in the ways that best benefit their officers and their community.”

“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”

“U.S. Attorney Terwilliger and I are committed to working closely with our state and local partners to protect the public during this difficult time,” said Thomas Cullen, U.S. Attorney for the Western District of Virginia. “It is our hope that these funds will assist the Virginia DCJS in meeting its core responsibilities.”

The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and  medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.

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

 

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CHARLOTTESVILLE – Daniel McMahon, 31, pleaded guilty today in federal court in the Western District of Virginia to one count of threatening an African-American Charlottesville City Council candidate identified by the initials D.G. because of his race and because he was running for office, and to one count of cyberstalking a separate victim through Facebook messenger. 

“Racially motivated threats of violence have no place in our society and will not be tolerated by the Department of Justice,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The defendant in this case violated the civil rights of his victims through intimidation and we are grateful for all the work and collaboration our partners have done on this case.”

“Although the First Amendment protects, without qualification, an individual’s right to hold and express abhorrent political views, it does not license threats of violence,” said U.S. Attorney Thomas T. Cullen for the Western District of Virginia. “The Department of Justice is committed to investigating and prosecuting those who weaponize social media to harm others.” 

“Peaceable protest is a core American value protected by law,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This defendant violated the law by threatening violence against an African-American individual who planned to announce his candidacy for City Council and an autistic child merely because the child’s mother opposes his extreme racially motivated views. This collaborative prosecution demonstrates that the Department of Justice as a whole will not tolerate these types of threats and intimidation.”

“This investigation underscores the FBI Joint Terrorism Task Forces and the U.S. Attorney’s Offices continued commitment to aggressively investigate and prosecute individuals engaging in racially-motivated threats and violent extremist activities. It also exemplifies the seamless information sharing between FBI Divisions in eliminating potential threats to our communities,” said Special Agent in Charge of the FBI Tampa Division Michael F. McPherson.

“Protecting the civil rights of all Americans is a high priority for the FBI and is a mission to which we are fully committed. In this case, the defendant used racially-motivated threats of violence to disrupt an election,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “In addition, he used a social media account to stalk and terrorize another victim and a minor child. We will continue to prioritize and aggressively investigate violations of these kinds. We are grateful for the partnership and efforts of FBI Tampa Division, the U.S. Attorney Offices in Virginia and Florida, and the Department of Justice, and for their assistance on this case.”

At the plea hearing, the defendant admitted that he uses the online pseudonyms “Jack Corbin,” “Pale Horse,” “Restore Silent Sam,” and “Dakota Stone,” to promote white supremacy and white nationalist ideology, and to express support for racially-motivated violence. The defendant admitted that in January 2019, upon learning that D.G., an African-American resident of Charlottesville, Virginia, planned to announce his candidacy for City Council, the defendant used his Jack Corbin account on the social media platform Gab to threaten violence against D.G. because of D.G.’s race and because D.G. was running for office. The defendant admitted that his posts used racial slurs and invoked long-standing racial stereotypes, and that he intended for D.G. to understand his posts as threats to his safety. 

In addition to this, the defendant also admitted to cyberstalking Victim 2 using his “Restore Silent Sam” Facebook account. In connection with this charge, the defendant admitted that he used Facebook to send Victim 2 numerous intimidating and threatening messages that placed Victim 2 in reasonable fear of harm to Victim 2’s minor child. The defendant acknowledged that Victim 2 has been active in countering white nationalist rallies in her community. The defendant admitted that, because of Victim 2’s activism, he began an online campaign to intimidate her and to extort information from her about her fellow activists. This included sending Victim 2 numerous messages over the course of twelve days in which he threatened to sexually assault Victim 2’s minor daughter, who has autism. The defendant admitted that, at around the same time that he sent these messages, he also used the internet to conduct searches relating to sexual contact with girls who have autism. The defendant admitted that his messages reasonably caused Victim 2 serious emotional distress and fear for Victim 2’s child’s safety.

McMahon will be sentenced on July 23, 2020. He faces a maximum sentence of one year in prison for threatening D.G. and five years in prison for cyberstalking Victim 2.

This case is being investigated by the FBI and is being prosecuted by U.S. Attorney Thomas T. Cullen of the Western District of Virginia; Assistant U.S. Attorney Christopher Kavanaugh of the Western District of Virginia; Assistant U.S. Attorney Daniel George of the Middle District of Florida; and Trial Attorney Risa Berkower of the U.S. Department of Justice’s Civil Rights Division.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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LYNCHBURG, Va. – Stewart Cornell Booker, of Dillwyn, Virginia, pleaded guilty today in U.S. District Court in Lynchburg to a variety of federal drug charges related to his distribution of methamphetamine, heroin, and powder cocaine, United States Attorney Thomas T. Cullen announced.

Booker, 46, pled guilty today to one count of distributing powder cocaine, one count of distributing heroin, and one count of distributing methamphetamine. At sentencing, Booker faces up to 20 years in prison and/or a fine of up to $1 million.

“Combatting opioid and methamphetamine trafficking is among the top priorities of our office,” U.S. Attorney Cullen stated today.  “We have increased federal collaboration with our state and local partners in the Piedmont region over the last several months and hope to bring additional cases soon.”

According to court records, between July 25, 2018, and October 24, 2018, law enforcement made a series of undercover purchases of narcotics from Booker at various locations in Buckingham County, Virginia. The transactions involved the sale of powder cocaine, heroin, and methamphetamine. At the time, Booker was distributing these drugs while he was on federal supervision.

This case was investigated by the Drug Enforcement Administration and the Piedmont Regional Narcotics and Gang Enforcement Task that is comprised of the Virginia State Police, the Buckingham County Sheriff’s Office, the Cumberland County Sheriff’s Office, the Prince Edward County Sheriff’s Office, the Farmville Police Department and the Longwood University Police Department.  Assistant United States Attorney Ronald M. Huber is prosecuting the case for the United States.

 

ABINGDON, Va. – The second defendant in a major drug distribution organization that trafficked methamphetamine, heroin, and cocaine from Texas and Indiana into Southwest Virginia was sentenced today in federal court on drug conspiracy charges, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.

In a hearing today, Jon Trevor DeBord, 29, of Vinton, Va., was sentenced to 60 months in federal prison. In January 2020, DeBord pleaded guilty to one count of conspiracy to possess with the intent to distribute and distributing 50 grams but less than 200 grams of methamphetamine.

“The methamphetamine trade has ravaged communities across Southwest Virginia for too long,” U.S. Attorney Cullen stated today.  “Reducing the meth trade is a top priority of the U.S. Attorney’s Office, and we will continue to work with our federal, state, and local partners to identify the individuals responsible for importing and distributing this deadly substance and put them in federal prison.” 

“Methamphetamine is an extremely dangerous drug that can have devastating effects on communities,” said Attorney General Mark Herring.  “My office remains committed to our partnership with the United States Attorney’s Office and law enforcement agencies at the federal, state, and local level to prosecute those who endanger our communities by trafficking this drug.”

In the most recent indictment, three individuals were charged as part of a drug trafficking conspiracy. DeBord, who pleaded guilty in January 2020, Daniel Augusto Rosa-Suarez, of Arlington, Texas, who was sentenced to 324 months in prison in February 2020, and Robert Luis Gray Osborne, who is scheduled for trial in August 2020.

According to court documents, the defendants conspired to traffic large quantities of crystal ice methamphetamine, heroin, and cocaine from Texas and Indiana into Southwest Virginia for redistribution.  In Virginia, the organization operated primarily in Smyth County and the Harrisonburg area from August 26, 2016, through May 25, 2018.

This case is one in a series of indictments stemming from a methamphetamine trafficking conspiracy ring operating primarily in the Smyth County, Virginia area.  In total, 20 defendants have been charged in federal court in connection with the investigation.   

The investigation of this case was led by the Drug Enforcement Administration, Bristol, Virginia, with assistance from the Smyth County Virginia Sheriff’s Office.  Numerous other agencies also provided assistance throughout the investigation, including the Drug Enforcement Administration in Indianapolis, Indiana, and Birmingham, Alabama, Washington County Virginia Sheriff’s Office, Abingdon, Virginia Police Department, Rockingham County Virginia RUSH Drug Task Force, Rockingham County Virginia Sheriff’s Office, Harrisonburg, Virginia Police Department, Bessemer, Alabama Police Department, Virginia Department of Corrections, Virginia Department of Corrections Probation and Parole Unit, and the Southwest Virginia Regional Jail Authority.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, and Special Assistant United States Attorney Roy F. Evans, who is also Commonwealth’s Attorney for Smyth County, prosecuted the case for the United States. 

 

Lynchburg, VIRGINIA – Centra Health Inc. and Blue Ridge Ear, Nose, Throat and Plastic Surgery, Inc. have agreed to pay the government $9,345,845 to settle claims alleging they violated the False Claims Act and the Virginia Fraud Against Taxpayers Act by engaging in improper financial relationships. Centra and its affiliates are nonprofit corporations operating hospital facilities in the Lynchburg-area including Southside Community Hospital, Virginia Baptist Hospital, and Lynchburg General Hospital. Blue Ridge ENT is a physician practice group in Lynchburg that refers patients to Centra’s hospital system. The settlement involved financial relationships Centra and its affiliates had with several referring physicians and groups including Blue Ridge ENT in violation of the Stark Law, the Anti-Kickback Law, and other federal regulations that restrict the financial relationships hospitals may have with physicians who refer patients to them. Centra proactively came forward, self-disclosed its violations of the False Claims Act, and worked with the government to resolve these issues.

First Assistant United States Attorney Daniel P. Bubar, Virginia Attorney General Mark Herring, and Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services, announced the settlement today.

“Health care cases continue to be a top priority in our office,” First Assistant United States Attorney Bubar said today. “Improper financial relationships between hospitals and their referral sources can compromise a physician’s medical judgment, increase health care costs, threaten the integrity of the healthcare system, and endanger the public’s trust. The settlement announced today reflects not only our willingness to work with our community partners who review their own practices and make appropriate self-disclosures, but also the importance of our False Claims Act whistleblower provisions that encourage private citizens to contribute to our efforts to identify and eliminate fraud.”

“This settlement sends a strong message that improper financial relationships between hospitals and their referral sources will not be tolerated in Virginia,” said Attorney General Herring. “When a hospital enters into an improper financial relationship with their referral sources it could not only harm the care a patient receives but it also undermines the integrity of the whole health care system. I want to thank our local and federal partners as well as my Medicaid Fraud Control Unit for their hard work and collaboration on this case.”

“Centra and its affiliated hospitals stepped up and self-disclosed their improper relationships with physician groups, including blatant violations of the Stark self-dealing law, compensation for referrals, and problematic physician recruitment agreements,” said Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services.  “We will continue working closely with our State and Federal partners to protect the integrity of government health programs.”   

As part of the settlement announced today, Centra identified physician recruitment agreements with physicians who had already relocated to south-central Virginia, physician employee compensation arrangements that took into account the value of referrals for in-office laboratory tests, financial arrangements with physicians that were not memorialized in a written and executed contract, and agreements with trauma call coverage physicians and an oncology practice that did not satisfy any exception to the Stark Law.

Blue Ridge ENT allegedly had a financial relationship with Centra to guarantee income to one of its physicians where Centra agreed to reimburse Blue Ridge ENT for actual additional incremental costs attributed to that physician. Blue Ridge ENT, however, knowingly claimed and received reimbursement beyond what would be allowed by the Stark Law and the Anti-Kickback Law. These allegations were brought in a lawsuit filed by a former Blue Ridge ENT physician under the qui tam provisions of the False Claims Act, which permit private individuals to sue on behalf of the government and share in any recovery. The Act permits the government to intervene in, and take over, the whistleblower’s suit or for the whistleblower to pursue the action on the government’s behalf. The relator will receive a share of the settlement.

The case was handled by Sara Bugbee Winn, Assistant United States Attorney at the United States Attorney’s Office for Western District of Virginia, Christina K. McGarvey, Senior Counsel for the Office of Inspector General of the Department of Health and Human Services, and Kimberly M. Bolton, Assistant Attorney General in the Virginia Attorney General’s Medicaid Fraud Control Unit. The claims settled by this agreement are allegations only, and there has been no determination of liability.

ROANOKE, Va. – The Virginia Coronavirus Fraud Task Force announced today that they are preparing for potential criminal activity, including theft and fraud, from the Economic Impact Payment checks or debit cards soon to be hand-delivered by the U.S. Postal Service.

“The U.S. Postal Inspection Service will be extra vigilant as Economic Impact Payments are mailed to approximately 80 million Americans across the country,” said Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service. “We are prepared to protect our employees, our customers, and the U.S. Mail from criminals who are looking to take advantage of our nation during the Coronavirus pandemic. We will continue to work in conjunction with the U.S. Attorney’s Office and our partners in the COVID-19 Task Force to investigate anyone who seeks to take advantage of consumers during these unprecedented times, and bring them to justice.”

In response to the significant economic challenges caused by the COVID-19 pandemic, the United States Government passed a $2 trillion stimulus package which includes providing Economic Impact Payments (EIPs) to millions of Americans. These EIPs will be distributed in two ways: direct deposit into recipient’s bank accounts and Treasury checks or debit cards mailed by the U.S. Treasury. The distribution of electronic direct deposits has already started. The mailings through the U.S. Postal Service of Treasury checks are expected to begin April 20.

“Fraudsters frequently prey upon vulnerable individuals during difficult times,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We are working closely with our law enforcement partners like the U.S. Postal Inspection Service to guard against fraudulent pandemic profiteers, as well as to ensure the rule of law and public safety is not eroded during this critical time. For anyone victimized by a COVID-19 scam, our office remains steadfastly committed to pursuing justice on your behalf.”

The U.S. Postal Service anticipates delivering over 80 million EIPs over the next few months. This is an unprecedented mailing the Postal Service is ready to deliver for the American public.

“We are committed to ensuring that economic-impact payments are safely delivered to the citizens of Virginia and prosecuting those who interfere with those efforts,” said U.S. Attorney Thomas T. Cullen. “We will aggressively investigate and prosecute mail theft and tampering related to these impact payments, as well as fraud schemes associated with the COVID-19 pandemic.” 

The U.S. Postal Inspection Service will have a critical security and investigative role to ensure these checks make it to intended recipients. U.S. Postal Inspectors are preparing to protect against and prevent criminal activities that may arise relating to the distribution of these benefits. There will also likely be a variety of related fraud schemes to investigate as criminals attempt to exploit these EIP mailings for their own greed.

The U.S. Postal Inspection Service will partner with the Virginia Coronavirus Fraud Task Force on any investigations surrounding EIPs in continued partnership to bring criminals to justice.

The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears.  If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov.

For More information about the Virginia Coronavirus Fraud Task Force, please visit:

https://www.justice.gov/usao-wdva/covid-19-fraud

Western Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Michael Baudinet, USAVAW.COVID19@usdoj.gov or 540-278-1494.

Eastern Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Kaitlin G. Cooke, Kaitlin.Cooke@usdoj.gov or 804-819-5416.

To report a COVID-19 fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) by calling the NCDF Hotline at 1-866-720-5721 or sending an email to disaster@leo.gov.

To file a complaint regarding theft of Economic Impact Payments from the mail or COVID-19 fraud involving the U.S. Mail, please contact the U.S. Postal Inspection Service at: www.uspis.gov/report or 1-800-ASK-USPS.

Economic Impact Payment Fraud can also be reported directly to the IRS at: WashingtonDCFieldOffice@ci.irs.gov

For more information, visit the IRS website at www.irs.gov/coronavirus

FBI at:  https://www.ic3.gov or 804-261-1044. 

To report fraudulent activity to the Virginia State Police, Virginians can contact the Virginia Fusion Center (VFC) at vfc@vfc.vsp.virginia.gov.

For continuing information on the COVID-19 virus and the federal response, check https://www.cdc.gov/coronavirus/2019-ncov/index.html

ROANOKE, Va. – Today the Virginia Coronavirus Fraud Task Force issued a warning to the public of financial scams regarding Economic Impact Payments currently being distributed by the IRS.

“Fraudsters are chomping at the bit to steal your money,” said G. Zachary Terwilliger, co-leader of the task force and U.S. Attorney for the Eastern District of Virginia. “We have reports of criminals attempting to use various phishing techniques, including text messages, emails, and letters delivered through the mail, all attempting to steal your personal information or swindle you out of your economic impact payment. Please be vigilant. Simply put: Hang up on robocalls, do not provide your personal identifying information to anyone, and always confirm you are accessing legitimate links from IRS.gov.”

For most Americans, the Economic Impact Payments will be directly deposited into their bank account. However, for those individuals who do not utilize direct deposit, and other groups who have traditionally received tax refunds via paper check, they will receive their economic impact payment as a hard check.

“Americans will receive their economic-impact payments in one of two ways: through the mail or   by direct deposit into their bank accounts,” said Thomas T. Cullen, co-leader of the task force and U.S. Attorney for the Western District of Virginia. “These payments do not need to be confirmed, authorized, or activated, and you should assume that any unsolicited calls or emails from individuals or entities who claim to be associated with the IRS are fraudulent.”

Recently, IRS launched two new tools: “Non-Filers: Enter Your Payment Info Here” allows quick registration for Economic Impact Payments for those who don’t normally file a tax return and, “Get My Payment” which enables taxpayers to check the status of their payment, including the date their payment is scheduled to be deposited into their bank account or mailed to them. Both tools can be found here: https://www.irs.gov/coronavirus/economic-impact-payments

“Providing the community with knowledge about how Economic Impact Payments are being distributed and warning of potential scams is key in helping prevent taxpayers from becoming victimized,” said Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI). “Taxpayers needing assistance or information regarding the economic impact payments should visit IRS.gov. When taxpayers access the tool “Non-Filers: Enter Payment Info Here”, they will be taken from the IRS.gov site to Free File Fillable Forms, a certified IRS partner. This site is safe and secure. IRS-CI is working diligently with the U.S. Attorney’s Office and our federal and state law enforcement partners to help protect the citizens of Virginia and our tax system.”

IRS Criminal Investigation is actively working to combat scam artists trying to exploit economic impact payments and other provisions related to COVID-19. So far, the scams IRS-CI have seen look to prey on vulnerable taxpayers who are unaware of how the payments will reach them. IRS-CI is prioritizing these types of investigations to help protect taxpayers and the tax system.

There has been an increase in phishing schemes utilizing emails, letters, texts and links. These phishing schemes are using keywords such as “Corona Virus”, “COVID-19”, and “Stimulus” in varying ways.

The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears.  If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov.

For More information about the Virginia Coronavirus Fraud Task Force, please visit:

https://www.justice.gov/usao-wdva/covid-19-fraud

Western Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Michael Baudinet, USAVAW.COVID19@usdoj.gov or 540-278-1494.

Eastern Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Kaitlin G. Cooke, Kaitlin.Cooke@usdoj.gov or 804-819-5416.

To report a COVID-19 fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) by calling the NCDF Hotline at 1-866-720-5721 or sending an email to disaster@leo.gov.

Economic Impact Payment Fraud can also be reported directly to the IRS at: WashingtonDCFieldOffice@ci.irs.gov

For more information, visit the IRS website at www.irs.gov/coronavirus

FBI at:  https://www.ic3.gov or 804-261-1044. 

To report fraudulent activity to the Virginia State Police, Virginians can contact the Virginia Fusion Center (VFC) at vfc@vfc.vsp.virginia.gov.

For continuing information on the COVID-19 virus and the federal response, check https://www.cdc.gov/coronavirus/2019-ncov/index.html

###

Roanoke, VIRGINIA – Meadowbrook Health Services and William L. Lamar have agreed to pay the United States $330,000 to settle civil allegations that they violated the Controlled Substances Act (CSA). United States Attorney Thomas T. Cullen made the announcement today.

According to the agreement, between May 11, 2016, and November 18, 2016, Meadowbrook Pharmacy, formerly located in Charlottesville, Virginia, which ceased operations in 2016, violated the CSA by unlawfully dispensing a controlled substance on at least 33 occasions.

“Pharmacies and pharmacists, like other health-care providers, must follow the law in dispensing potentially deadly controlled substances,” U.S. Attorney Cullen stated today.  “As this case illustrates, we continue to use all available tools, including stiff civil penalties, to hold those who unlawfully prescribe and dispense these drugs accountable.”

This proactive civil enforcement investigation was conducted by the Drug Enforcement Administration.  Assistant United States Attorney Justin Lugar litigated the case for the United States.

Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen and Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA) David G. Zatezalo, announced today a settlement between the United States and a group of 24 coal companies operating in Virginia, West Virginia, Tennessee, Alabama, and Kentucky to satisfy more than $5 million in unpaid penalties for violations of the Federal Mine Safety and Health Act.

In May 2019, the United States filed a civil action to collect debts owed against Southern Coal Corporation, Justice Coal of Alabama, A&G Coal Corporation, Black River Coal, Chestnut Land Holdings, Double Bonus Coal Company, Dynamic Energy, Four Star Resources, Frontier Coal Company, Infinity Energy, Justice Energy Company, Justice Highwall Mining, Kentucky Fuel Corporation, Keystone Service Industries, M&P Services, Nine Mile Mining, Nufac Mining Company, Pay Car Mining; Premium Coal Company, S and H Mining, Sequoia Energy, Tams Management, and Virginia Fuel Corporation.

According to the United States’ civil complaint, between May 3, 2014, and May 3, 2019, MSHA collectively issued at least 2,297 citations to the defendant mine operators for violations of the Mine Safety and Health Act, and at the appropriate time, assessed civil penalties for each violation, pursuant to the law.

The defendants failed to pay the penalties, even after MSHA sent multiple demand letters.  MSHA then referred the civil penalties to the Department of Treasury for collection. The Department of Treasury made another written demand on the defendants, but they still failed to pay, and the Department of Treasury referred the civil penalties to the Department of Justice for collection. On September 5, 2018, the United States Attorney’s Office for the Western District of Virginia made a written demand on the defendants for the delinquent debts. The defendants, however, still failed to pay the outstanding debts, and on May 7, 2019, the United States filed a civil complaint to collect the unpaid debts.

Today, the 23 named defendants agreed to pay the full amounts of the assessed civil penalties, plus interest and penalties. In total, the defendants will pay $4,065,578.29 to satisfy the debts identified in the United States’ May 2019 complaint. Additionally, the defendants and related company Bluestone Coal Corporation agreed to pay an additional $1,064,547.18 to get current on their other unpaid, Mine Safety and Health Act penalties that were not included in the United States’ May 2019 complaint.

“Thanks to the hard work and persistence of career attorneys from our civil division and the MSHA, the 24 Justice entities have agreed to pay, in full, all outstanding debts and penalties associated with their mine-safety violations,” U.S. Attorney Cullen stated today.  “It is our hope that this landmark collection action and settlement agreement sends a clear message that the Department of Justice will aggressively pursue mine-safety violations and hold owners and operators accountable.”    

“Ensuring that mine operators pay their penalties for violating mine safety and health laws is an important part of protecting miners’ safety and health, and that means holding them accountable if they fail to pay fines,” said MSHA Assistant Secretary David G. Zatezalo. “I thank my colleagues at the Departments of Treasury and Justice for their support in reaching this historic settlement.”   

Executive Assistant United States Attorney Laura Day Rottenborn, Assistant United States Attorney Krista Consiglio Frith, and Special Assistant United States Attorney Jason Grover, an attorney with the Department of Labor, are representing the United States in these matters.

Roanoke, VIRGINIA – On Wednesday, Virginia Health Commissioner Dr. Norman Oliver, in response to a surge in demand of potential treatments for COVID-19 for drugs commonly used to treat rheumatoid arthritis, HIV, lupus, malaria, and bacterial infections, reminded physicians and pharmacists that these life-sustaining medications should only be dispensed under specified limited circumstances based on legitimate medical need. Dr. Oliver also warned against improper dispensing and potential hoarding of these medications.

Today, U.S. Attorneys Thomas Cullen and Zach Terwilliger issued a statement confirming that federal prosecutors are aware of Dr. Oliver’s warnings regarding this increased demand and potentially improper behavior by physicians and other health-care providers who may be improperly prescribing these drugs to themselves, their families, and others without a legitimate medical purpose. The U.S. Attorney’s Offices for the Eastern and Western Districts of Virginia, as part of their joint COVID-19 Fraud Task Force, will be closely monitoring this disturbing trend and are prepared to investigate potential violations of federal and state law committed by any individuals or entities, including physicians, dentists, and other healthcare providers, related to these prescription drugs. 

“At a time when many doctors, nurses, and first responders are risking their health and personal safety to treat those affected by the coronavirus, it is incredibly disturbing that a selfish minority in that field may be undermining these valiant efforts by prescribing outside legitimate medical practice,” said U.S. Attorney Cullen. “We will work closely with our federal, state, and local partners to identify unscrupulous physicians and other health-care providers who are putting their own well-being ahead of those with a true medical need and hold them accountable under the law.”

“Our office is committed to protecting the public at this critical time, including Virginians who rely on life-sustaining prescription drugs,” said U.S. Attorney Terwilliger.  “We will act swiftly in coordination with our law enforcement partners to safeguard these critical medications for those who need them against healthcare providers who improperly dispense them.”   

If you believe you have been victim of fraud, or need more information about COVID-19, please visit: https://www.justice.gov/usao-wdva/covid-19-fraud  

For more information from the U.S. Attorney’s Office for the Eastern District of Virginia, please visit: https://www.justice.gov/usao-edva

To report fraud directly to the FBI, please visit their website at https://www.ic3.gov/default.aspx

Roanoke, VIRGINIA – Michael Jerome Patterson, 37, of Roanoke Va., was charged in a federal criminal complaint filed with the court yesterday with a series of charges related to possession with the intent to distribute methamphetamine and fentanyl, as well as being a previously convicted felon illegally in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime.  The charges were announced today by United States Attorney Thomas T. Cullen.

The criminal complaint charges Patterson, who is currently on federal supervised release for a previous conviction, with one count of possession with the intent to distribute methamphetamine, one count of possession with the intent to distribute fentanyl, one count of being a previously convicted felon illegally in possession of a firearm, and one count of possessing a firearm in furtherance of a drug trafficking crime.

“Despite the unprecedented and challenging circumstances of the coronavirus pandemic, we are totally committed to protecting the public and enforcing federal law,” said U.S. Attorney Cullen.  “I am particularly grateful for the dedication and bravery of our agents and local police officers who continue to do this critical work while risking their own health and well-being.” 

According to court documents, the alleged criminal activity occurred on or about November 8, 2019 in Salem, Virginia.

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Virginia State Police, and the City of Roanoke Police Department. Assistant United States Attorney Jonathan Jones is prosecuting the case for the United States.

A criminal complaint is only a charge and not evidence of guilt.  The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen issued the following statement regarding the continuity of federal law enforcement operations in the Western District of Virginia:   

“Our offices in Roanoke, Charlottesville, and Abingdon remain open, and we are working closely with our federal, state, and local partners to protect the public and ensure that critical law-enforcement operations continue uninterrupted,” U.S. Attorney Cullen stated today.  “Based on guidance issued by the Office of Management and Budget and the Department of Justice in Washington, D.C., we have implemented a voluntary telework program for our employees.  Non-high risk employees will continue to cover office and court responsibilities as needed and on a rotating basis.  I am grateful for the dedication and commitment of these public servants during this challenging time.” 

Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that Shawn Wayne Farris, 54, of Rancho Mirage, Calif., was sentenced to 30 years imprisonment today in U.S. District Court in Abingdon.  Farris had previously pleaded guilty to one count of conspiring to possess with the intent to distribute 500 grams or more of methamphetamine.

According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, in early 2017, Operation California Dreaming began investigating the trafficking of methamphetamine between California, Southwest Virginia and Northeast Tennessee. As a result of that investigation, 28 individuals, located in California, Georgia, Virginia and Tennessee, were charged as being members of a drug trafficking organization responsible for the distribution of large quantities of methamphetamine.  Charges levied against these individuals included both drug and firearms offenses.  Farris was the leader of this drug trafficking organization and was responsible for arranging the shipment and transportation of extremely pure methamphetamine from his home in California to Bristol, Virginia, Bristol, Tennessee and Abingdon, Virginia.  Farris also established a large number of distributors to sell the methamphetamine to users in these communities.

In addition to Farris, to date, 26 members charged in the conspiracy have pleaded guilty or been found guilty. One defendant remains a fugitive:

1. Sean Phillip Maidlow – 300 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
2. Jair Medina Gutierrez - Fugitive
3. Lacey Cheri Weir – 300 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
4. Andrea Nichole Stickel  - 210 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
5. James Nicholas Howington – 168 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
6. James Robert Johnson – 151 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
7. Stephen A. Graham – 84 months imprisonment, conspiracy to distribute 50 grams or more of methamphetamine.
8. Christopher Lee Smiley – 64 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
9. Joshua Todd Chapman – 168 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
10. Saleemah Lashawn Roberson – 108 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
11. Donald Zachary Snyder – 270 months imprisonment, conspiracy to distribute 500 Grams or more of methamphetamine, distribute methamphetamine, and possess a firearm in furtherance of a drug trafficking offense.
12. James Skyler Sebastian – To Be Sentenced
13. Larry Levi Bennett – 235 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
14. Terry Melvin Dalton – 120 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine and distribute methamphetamine.
15. Heather Ashley Davis – 120 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
16. Brianna Nicole Woodby – 60 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
17. Donald Shane Hawthorne – 144 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
18. Gary Lee McFarlane – 135 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine and distribute methamphetamine
19. Elizabeth Pauline Eaton – 168 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
20.  Matthew Todd Mullins – 188 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine, distribute methamphetamine, and manufacture counterfeit United States currency.
21. Anthony Chadwick Harless -108 months imprisonment, conspiracy to distribute 50 grams or more of methamphetamine.
22. Kimberly Ann Drake – 210 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
23. Brandon Heath Whitt – 108 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
24. Melissa Darlene Barrett – 168 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine and distribute methamphetamine.
25. Susan Nicole Payne – 87 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine and distribute methamphetamine
26. Bradley Scott Williams – 204 months imprisonment, conspiracy to distribute 500 grams or more of methamphetamine.
27.  Devon Scott Coleman – 211 months imprisonment, conspiracy to distribute 50 grams or more of methamphetamine, possess 50 grams or more of methamphetamine with the intent to distribute, and possess a firearm in furtherance of a drug trafficking offense.

The investigation of the case was conducted the Abingdon Police Department, Virginia State Police, Washington County Sheriff’s Office, Bristol, Tennessee Police Department, Bristol, Virginia Police Department, the Sullivan County, Tennessee Second Judicial Drug Task Force, Sullivan County Sheriff’s Department, Commerce, Georgia Police Department, New Jersey State Police, United States Postal Inspection Service, United States Marshals Service, United States Secret Service, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The Washington County Commonwealth’s Attorney’s Office, Bristol, Virginia Commonwealth’s Attorney’s Office, and the Sullivan County, District Attorney’s Office have assisted in the investigation.  Assistant United States Attorneys Zachary T. Lee and Cagle Juhan prosecuted the case for the United States.

ROANOKE – A former tax return preparer in Roanoke, Virginia, was sentenced to 12 months and one day in prison today, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.

According to documents and information provided to the court, Pierre owned and operated JP Tax Services LLC, a tax return preparation business in Roanoke, Virginia. From 2013 through 2014, Pierre falsified clients' tax returns by fraudulently claiming residential energy credits, fuel tax credits, and itemized deductions, in order to inflate his clients’ refunds. Pierre also fraudulently claimed the fuel tax credit on his own 2013 tax return.

In addition to the term of prison imposed, U.S. District Judge Urbanski ordered Pierre to serve one year of supervised release and pay $25,495 in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Lauren Archer and Kevin Schneider, and Assistant U.S. Attorney Charlene R. Day, who prosecuted the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

A former tax return preparer in Roanoke, Virginia, was sentenced to 12 months and one day in prison today, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.

According to documents and information provided to the court, Pierre owned and operated JP Tax Services LLC, a tax return preparation business in Roanoke, Virginia. From 2013 through 2014, Pierre falsified clients tax returns by fraudulently claiming residential energy credits, fuel tax credits, and itemized deductions, in order to inflate his clients’ refunds. Pierre also fraudulently claimed the fuel tax credit on his own 2013 tax return.

In addition to the term of prison imposed, U.S. District Judge Urbanski ordered Pierre to serve one year of supervised release and pay $25,495 in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Lauren Archer and Kevin Schneider, and Assistant U.S. Attorney Charlene R. Day, who prosecuted the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

Roanoke, VIRGINIA – On Wednesday, February 26, the Anti Defamation League (ADL) honored a team of local, state, and federal law enforcement partners, who worked together to prosecute James Fields Jr., the white supremacist who was convicted of more than two-dozen hate crimes for a car attack in Charlottesville, Virginia in August 2017, with ADL SHIELD Awards during the group’s 10th Annual awards ceremony at the National Press Club in Washington, D.C.

Since 2010, the ADL annually recognizes law enforcement for significant contributions toward protecting the American people from hate crimes, extremism, and domestic or international terrorism.

Among the recipients of this year’s ADL SHIELD Award were the local, state, and federal agencies, and individuals, that investigated, prosecuted, and assisted in the prosecution, of James Fields, Jr. The ADL recognized contributions from the United States Attorney’s Office for the Western District of Virginia, the Department of Justice, Office of Civil Rights, the Federal Bureau of Investigation, the Virginia State Police, the Charlottesville City Police Department, the Albemarle County Police Department, the City of Charlottesville Commonwealth’s Attorney’s Office, and the University of Virginia Police Department. 

“The awful events of August 12, 2017, including James Fields’ act of domestic terrorism, left an indelible mark on the local Charlottesville community, the Commonwealth of Virginia, and our country,” U.S. Attorney Thomas T. Cullen stated today.  “Although we couldn’t bring Heather Heyer back or heal the permanent physical and psychological injuries suffered by dozens of others, we could seek meaningful justice for these victims, their families, and the community and send a clear message that hate-inspired acts of violence, murder, and terror will be met with the full and collective force of American law enforcement.   I am very proud of our federal, state, and local partners and grateful to the ADL for recognizing their extraordinary achievements.” 

On August 12, 2017, after attending the Unite the Right Rally in Charlottesville and returning to his vehicle, Fields drove his car onto Fourth Street, a narrow, downhill, one-way street in downtown Charlottesville. At or around that same time, a racially and ethnically diverse crowd had gathered at the bottom of the hill, at the intersection of Fourth and Water Streets. Many of the individuals in the crowd were celebrating as they were chanting and carrying signs promoting equality and protesting against racial and other forms of discrimination. Fields slowly proceeded in his vehicle down Fourth Street toward the crowd. He then stopped and observed the crowd while idling in his vehicle. With no vehicle behind him, Fields then slowly reversed his vehicle toward the top of the hill. 

The members of the crowd began to walk up the hill, populating the streets and sidewalks between the buildings on Fourth Street. Having reversed his car to a point at or near the top of the hill and the intersection of Fourth and Market Streets, Fields stopped again. Fields admitted that he then rapidly accelerated forward down Fourth Street in his vehicle, running through a stop sign and across a raised pedestrian mall, and drove directly into the crowd. Fields’s vehicle stopped only when it struck another stopped vehicle near the intersection of Fourth and Water Streets. Fields then rapidly reversed his car and fled the scene. As Fields drove into and through the crowd, Fields struck numerous individuals, killing Heather Heyer and injuring at least 28 others.

As the ADL recognized, local, state, and federal investigators undertook a massive coordinated investigation in the aftermath of Fields’ act of domestic terrorism.  Investigators collected and reviewed over 5,000 hours of video footage related to the Unite the Right Rally, interviewed hundreds of witnesses and victims, and completed an exhaustive review of Fields’ background and social-media profile to develop evidence of his racial and anti-Semitic motivations.  As a result of these extraordinary efforts, Fields was convicted of 29 federal hate crimes, as well as first-degree murder in state court, and is currently serving multiple life sentences. 

Danville, VIRGINIA – In an indictment returned under seal earlier this month and unsealed recently following the defendants’ recent arrests, a federal grand jury sitting in U.S. District Court in Roanoke has charged six Danville-area residents with conspiring to distribute and possess with the intent to distribute methamphetamine.  United States Attorney Thomas T. Cullen and Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms, and Explosives [ATF] Washington Field Division announced the indicted today.

Charged in the indictment are Darrell William Murdock, 33, of Danville, Va., Steven Ray Dove, 41, of Danville, Va., Bendi Annette Davis, 47, of Ringgold, Va., Steven Wayne Flynn, 41, of Orange, Va.,  Lianna Nicole Parker, 30, of Lynchburg, VA, and Misty Nicole Kiley, of Danville, Va.  

The grand jury charged all six defendants with one count of conspiracy to distribute and possess with the intent to distribute methamphetamine.  In addition, Murdock is charged with two counts of distribution of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking crime. Davis is charged with two counts of distribution of cocaine and one count of distribution of methamphetamine. Dove is charged with two counts of distribution of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of illegal possession of a firearm by a previously convicted felon. Flynn is charged with one count of illegal possession of a firearm by a previously convicted felon and one count of possession of a firearm in furtherance of a drug trafficking crime.

The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Danville Police Department.  Assistant United States Attorney Rachel Swartz is prosecuting the case for the United States.

A Grand Jury Indictment is only a charge and not evidence of guilt.  The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

Roanoke, VIRGINIA – A Roanoke man, who was subject to one of the largest Fentanyl seizures in Virginia at the time, was convicted last night at the conclusion of a six-day jury trial on federal charges relating to a poly-drug conspiracy, United State Attorney Thomas T. Cullen announced today.

Monta Orlando Jordan, 44, a.k.a. “Ghost” and “Tae,” was convicted of one count of conspiring to distribute heroin, Fentanyl, methamphetamine, and cocaine; one count of possession with the intent to distribute Fentanyl; one count of attempting to possess with the intent to distribute cocaine; one count of attempting to possess with the intent to distribute heroin; and possession of one or more firearms in furtherance of the overall drug conspiracy.   

“Until his arrest in August 2017, Monta Jordan oversaw a drug distribution network responsible for dealing huge quantities of heroin, Fentanyl, methamphetamine, and cocaine throughout the Roanoke Valley,” U.S. Attorney Cullen stated today.  “Thanks to the hard work of the DEA, the Virginia State Police, the Roanoke Valley Regional Drug Initiative, the Roanoke City and County Police Departments, and supporting agencies, one of the biggest and most prolific drug dealers in recent memory now faces decades behind bars.”

Evidence presented at trial established that Jordan ran an extensive drug operation that began no later than the summer of 2016 and extended even beyond his arrest on federal charges in August 2017.  Witness testimony established that, following his arrest on August 10, 2017, Jordan successfully smuggled one or more cell phones into his cell at a local jail and used the phones to coordinate the delivery and distribution of narcotics.  A known girlfriend and associate of Jordan’s, Amany Mohamed Raya, was convicted last month of attempting to smuggle one of the phones to Jordan in the spine of a fake binder of documents, designed to look like confidential legal mail.  In a coordinated effort by the United States Postal Inspection Service, the Roanoke City Sheriff’s Department, the United States Marshals Service, and the Drug Enforcement Administration [DEA], authorities caught Jordan in possession of one of the contraband phones and successfully intercepted Raya’s fake legal mail before it could be delivered to Jordan. 

Evidence at trial also established that prior to his arrest in August 2017, Jordan trafficked large quantities of narcotics into the Roanoke-area through the mail and couriers, who were compensated for their willingness to transport narcotics by car from places such as New York, North Carolina, Tennessee, and Ohio.  Further evidence established that Jordan received narcotics by FedEx from Arizona and in turn mailed large quantities of United States currency to designated recipients in those states.  In July 2017, for example, the United States Postal Inspection Service intercepted two packages mailed by Jordan and his associates containing collectively just under $100,000 in cash.  Jordan put one of his home addresses on the first package, as established by photographs and eyewitness testimony.  Inside that package, agents found a basketball wrapped in carbon paper and surrounded by miscellaneous chair cushions.  The basketball itself had been cut and contained $49,950 in rubber-banded currency. 

Jurors also heard evidence regarding Jordan’s methods of transporting narcotics into the area by car.  Among other vehicles, Jordan owned a burgundy Ford Fusion, which he identified in his own text messages as the “Batmobile.”  On August 5, 2017, surveillance officers conducted a traffic stop of the “Batmobile” during a return trip by Jordan and his associates from New York.  In the course of a subsequent search of that vehicle, specially trained interdiction officers with the Virginia State Police discovered a secret compartment, or trap, underneath the factory-installed carpet in the trunk of the car.  Inside the trap, VSP agents located approximately 4.5 pounds of Fentanyl, one of the largest seizures of its kind at that time.  The Fentanyl was contained in plastic bags and covered in an oily masking agent, designed to defeat the scenting capabilities of K-9 drug dogs. 

In addition to transporting his own drugs, Jordan received narcotics delivered to him from outside the area.  Evidence established that between January and August 2017, Jordan received at least 36 kilograms of cocaine and a kilogram of heroin in Roanoke, at prices of $35,000 and $60,000 per kilogram, respectively.  Jordan retrieved these deliveries at various locations around the Valley View Mall and made cash payments toward his purchases of as much as $320,000 during scheduled meetings.

Jordan was apprehended by authorities in August 2017. On August 10, 2017, authorities received information regarding a suspicious FedEx package designated for an address associated with Jordan.  Following receipt of a federal search warrant, agents opened the package and found approximately one pound each of packaged cocaine and heroin inside.

Agents replaced the narcotics with sham, or fake, drugs designed to match the appearance and weight of the seized contraband, and made a controlled delivery of the FedEx package to its designated location.  Jurors saw aerial surveillance footage of Jordan retrieving the package from the target residence and proceeding toward Highway 122 in Bedford County. 

Jordan was intercepted by Virginia State Police and undercover surveillance units near the intersection of Highway 122 and Morgans Church Road, in Bedford.  In video footage of the ensuing police pursuit, Jordan could be seen throwing the sham drugs out the window of his vehicle and over a bridge, attempting to dispose of what he believed were genuine narcotics in his possession.  He was taken into custody shortly after the sham packages entered the creek below, and has remained incarcerated since that time. 

The investigation of this case led by the Drug Enforcement Administration, the Virginia State Police, the Roanoke City and Roanoke County Police Departments,  the United States Postal Inspection Service, and members of the High Intensity Drug Trafficking Area Task Force (HIDTA), with invaluable assistance and support from the Air National Guard; the Bureau of Alcohol, Tobacco, Firearms, and Explosive, the Department of Homeland Security, the United States Marshals Service, the Salem Police Department, the Roanoke Sheriff’s Office, and the Criminal Investigations Division of the Department of Motor Vehicles. 

Assistant United States Attorneys Kari Munro and Anthony Giorno prosecuted the case for the United States.

Danville, VIRGINIA – A federal grand jury sitting in U.S. District Court in Roanoke has indicted four individuals associated with Jalisco New Generation Cartel (CJNG) on federal money laundering charges. United States Attorney Thomas T. Cullen and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division, announced the charges today. 

The grand jury returned an indictment yesterday charging Alejandro Escarcega-Avila, 40, Francisco Alvarez-Rosales, Meliton Alvarez-Rosales, and Noe Salvador Becerra-Gonzalez. All four defendants are citizens of Mexico living locally in Axton, Virginia.

All four defendants are charged with one count of conspiracy to commit money laundering. In addition, Escarcega-Avila is charged with one count of illegal reentry of a previously removed alien and one count of illegal possession of a firearm by an illegal alien.                                                                                                         

According to the indictment, beginning no later than 2018 and continuing to in or about January 2020, the defendants conspired to conduct financial transactions affecting interstate commerce, specifically the transfer, delivery and exchange of United States Currency, which involved the proceeds from the distribution and manufacturing of controlled substances.

As part of the conspiracy, members and affiliates of CJNG transported cocaine, heroin, marijuana, and other substances, into the United States from Mexico. CJNG recruited individuals from Mexico to reside in Axton, Virginia to facilitate the distribution of these controlled substances from CJNG throughout the Mid-Atlantic region of the United States.

The defendants, and their co-conspirators, received large amounts of United States Currency that was payment for the distribution of these controlled substances, and transmitted that currency to members and affiliates of CJNG in Mexico.

This investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force (OCDETF) Program. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. 

The investigation of the case was conducted by the Drug Enforcement Administration, Department of Homeland Security-Homeland Security Investigations, the Virginia State Police, and the Henry County Sheriff’s Office   Assistant United States Attorneys Erin Harrigan and Sean Welsh are prosecuting the case for the United States.

A Grand Jury Indictment is only a charge and not evidence of guilt.  The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

Abingdon, VIRGINIA – The two brothers and owners of Kennedy Industrial Electronics, who were convicted of a payroll tax scheme that dated back at least 15 years and for defrauding the United States out of more than $907,000 of disability benefits, in addition to $148,000 in employment taxes, were sentenced last week to 12 months in prison. United States Attorney Thomas T. Cullen announced the sentence today.

In July 2019, Harold and Hollie Kenney each pled guilty to one count of conspiracy to defraud the United States and one count of failing to pay over and collect employment taxes.

According to court documents, the Kennedys conspired with Kennedy Industrial Electronics employees, and their wives, including Danny Hill, Geneva Hill, Gerald Stevens, Teena Charlene Stevens, and Ricky Allen Matney. Danny Hill, Gerald Stevens, and Ricky Matney were each receiving disability benefits from the Social Security Administration [SSA]. To hide the fact that Hill, Stevens, and Matney were fully capable of working and were, in fact, working, the Kennedys wrote checks payable to the wives of Hill and Stevens and a middle name for Matney.

Court documents also revealed that between 2001 and 2015 the defendants conspired to defraud the United States through a scheme in which Harold and Hollie Kennedy, the owners of Kennedy Industrial Electronics, failed to report to the IRS and SSA over $500,000 in wages resulting in more than $900,000 in disability payments being made that should not have been paid.                                                                                                     

The investigation of the case was conducted by the Internal Revenue Service - Criminal Investigations, the Social Security Administration Office of the Inspector General, and the Russell County Sheriff’s Office.  Assistant United States Attorney Lena Busscher prosecuted the case for the United States.

Abingdon, VIRGINIA – Mitchell Norbert Nicholas, 41, an inmate at Red Onion State Prison serving a life sentence for murder, was sentenced last week to an additional 72 months in federal prison for his federal conviction on charges he sent threatening letters to a pair of federal judges. United States Attorney Thomas T. Cullen made the announcement.

Following a two-day jury trial in August 2019, Nicholas was convicted of two counts of mailing threats to injure another person and two counts of threatening to murder a United States Judge with the intent to impede, intimidate, or interfere with their performance of official duties, or with the intent to retaliate against such judge on the performance of their official duties.

According to evidence presented during trial, Nicholas was serving a murder sentence at Red Onion State Prison after being found guilty of first degree murder in the Virgin Islands in 2007. While incarcerated, Nicholas mailed a letter to United States Magistrate Judge Ruth Miller in the Virgin Islands, which stated, in part, “Dear Ruth, You thought that I was a nobody.  Now I must manifest my dream of your death.  It is more fun when the prey knows it is being hunted.  I am going to kill you!  Patiently submitted, signed Mitchell N. Nicholas.” 

In a second letter, mailed to United States District Court Judge Curtis Gomez of the Virgin Islands, Nicholas stated, in part, “Dear Curtis, You are a disappointment and must not be allowed to live any longer.  I am going to kill you!  Patiently submitted, signed Mitchell N. Nicholas.” 

The investigation of the case was conducted by the United States Marshals Service. Assistant United States Attorneys Lena Busscher and Randy Ramseyer prosecuted the case for the United States.

Abingdon, VIRGINIA – Animal Health International Inc., a Colorado corporation that obtains prescription drugs for animals from manufacturers for further distribution to veterinarians, farms, feedlots, and other facilities, pleaded guilty today, through its corporate counsel, in U.S. District Court to introducing a misbranded drug into interstate commerce. Also, Patterson Companies, Inc. (Patterson) Animal Health International’s corporate parent, entered into a non-prosecution agreement in which it committed to enhance its compliance program and fully comply with the law. United States Attorney Thomas T. Cullen and Special Agent in Charge Mark S. McCormack of the FDA’s Office of Criminal Investigations Metro Washington Field Office, made the announcement today.

Pursuant to the agreements entered into by Animal Health International and Patterson, Animal Health International admitted to introducing and causing the introduction and delivery into interstate commerce of veterinary prescription drugs that were misbranded and agreed to pay $1 million to the Virginia Department of Health Professionals, a $5 million fine, and a forfeiture money judgement of $46,802,203. In past 18 months, Patterson has fully cooperated in the investigation and implemented changes to International’s and its compliance programs to prevent further violations of federal and state law.

“Today’s conviction demonstrates that our office will not tolerate when entities or individuals illegally bypass the important safeguards that exist to protect our nation’s food sources,” First Assistant United States Attorney Daniel P. Bubar said today. “We will continue to work closely with our partner agencies to make sure that veterinary drug distributors uphold their important obligations.”

“The FDA recognizes the importance of controlling the prescription drug supply for animals. The careless or uncontrolled distribution of prescription animal drugs poses a danger not only to the medicated animals but to the U.S. public health by increasing the risk that humans will become resistant to antibiotics that we unknowingly consume through our food supply.,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office.  “We will continue to pursue and bring to justice those who distribute prescription animal drugs unlawfully.”

The Food and Drug Administration’s restrictions on veterinary prescription drugs are not primarily to protect animals from the potential harms of prescription drugs, but are to protect the human food supply from unsafe drug residues in the edible tissues of animals sold for slaughter. Common causes of illegal residues include: (1) exceeding the drug’s approved dose; (2) using a shorter withdrawal period than what is stated on the drug’s label (if a higher than approved dose is given, the labeled withdrawal period may not be enough to allow the drug in the edible tissues to deplete to levels that are at or below the tolerance); (3) using a drug in an extra-label manner (for indications and dosages outside the approved labeling) without a veterinarian’s involvement; (4) giving a drug not approved for that species; and (5) using an unapproved route of administration. Drug residues in the nation's drug supply are concerning because: (1) they may contribute to antibiotic resistance in the human population, rendering human drugs less effective to treat human disease and contributing to the mutations of “superbugs”; and (2) they may cause allergic reactions in individuals with certain drug allergies.

According to court documents, from 2012 through 2018, Animal Health International caused misbranded veterinary prescription drug shipments to be made throughout the United States by distributing veterinary drugs from its wholesale locations directly to end users and by distributing veterinary drugs to unlicensed individuals.

Two such unlicensed individuals, Marlin Webb and Billy K. Groce, were not properly licensed to receive, transport, store, distribute, or dispense veterinary prescription drugs. Webb was the store manager of a cooperative in Hillsville, Virginia. The cooperative was not a licensed wholesaler, pharmacy, or veterinary clinic. Groce operated an unlicensed veterinary prescription distribution business.  Webb and Groce each obtained veterinary prescription drugs from Animal Health International in interstate commerce without valid prescriptions, and on many occasions, with no prescriptions at all. Webb and Groce previously pled guilty to criminal charges for their conduct in United States District Court in Abingdon.

While, as stated in the charge to which Animal Health International pleaded guilty, Animal Health International obtained not less than $46,802,203 from its illegal shipments, its profits from such shipments were a small percentage of the amount received.

United States District Judge James P. Jones scheduled sentencing for April 28, 2020 at 2:30 p.m.

The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations with the assistance of the Virginia Department of Health Professions.  Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.

Abingdon, VIRGINIA – A Strawberry Plains, Tennessee woman, who billed Virginia Medicaid for services that were not completed, pled guilty yesterday in U.S. District Court in Abingdon to one count of federal health care fraud, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.

Kathy Marie Patrick, 61, formerly of Richlands, Virginia, pleaded guilty yesterday in federal court to one count of health care fraud. At sentencing, Patrick faces up to 20 years in federal prison and/or a fine of up to $250,000. Patrick also agreed to pay $30,968.40 in restitution. A sentencing hearing has been scheduled for April 30, 2020.

According to court documents, Patrick worked as a services facilitator for Virginia Medicaid from August 2012 through September 2019. Services facilitators are responsible for assisting individuals, who have chosen to receive care at home as an alternative to a nursing facility, by providing home visits, training, assessments, and other services on a regular basis.

Patrick admitted today that on multiple occasions, she billed for training to recipients and/or employers of record that had not actually been completed. Some of these visits were alleged to have occurred while Patrick was working her other jobs at the Cumberland Mountain Community Services Board and, later, Dollywood.                                                                                                        

The investigation of the case was conducted by the Office of the Attorney General’s Medicaid Fraud Control Unit.  Special Assistant United States Attorney and Assistant Attorney General Janine Myatt is prosecuting the case for the United States.

 

 

Abingdon, VIRGINIA – In a hearing last week in U.S. District Court in Abingdon, Edward Thomas DeBord, who was previously convicted of trafficking a large quantity of methamphetamine in Smyth County, Virginia, retaliating against a witness, and contempt of court, was sentenced to 270 months in prison. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring made the announcement today.  

DeBord, 49, of Saltville, Va., previously pleaded guilty to one count of conspiring to possess with the intent to distribute and distribution of 50 grams or more of methamphetamine, one count of conspiring to possess with the intent to distribute and distribution of 100 grams or more of heroin, conspiring to retaliate against a witness, and willfully disobeying a court order. 

According to court records, DeBord engaged in a drug trafficking conspiracy from April 1, 2016, through April 11, 2017.  The conspiracy involved over 50 grams of crystal ice methamphetamine, over 953 grams of methamphetamine and over 125 grams of heroin. These substances were among the items seized from a Smyth County apartment DeBord shared with co-defendant Zachary Blue Carter. DeBord and Carter distributed methamphetamine from the apartment throughout the life of the conspiracy. 

Following DeBord’s guilty plea to the underlying drug conspiracy charges, court records show he continued to engage in criminal conduct by retaliating against a witness and knowingly and willfully disobeying a court order.  DeBord stole confidential records and caused them to be copied and distributed, both in paper format and through distribution on social media, intentionally causing potential harm to witnesses in the case. DeBord’s actions were in direct violation of a court order directing that confidential records not be disseminated in connection with the case. 

The Drug Enforcement Administration, Smyth County Sheriff’s Office, Washington County Sheriff’s Office, and Saltville Police Department investigated the case.  The Virginia State Police assisted with DeBord’s arrest and consent search of his apartment.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States, with assistance from Special Assistant United States Attorney Roy F. Evans, who also serves as Commonwealth’s Attorney for Smyth County. 

Abingdon, VIRGINIA – Travis Day, a Tennessee man, who in April 2019 robbed the Valero Mart in Marion, Virginia and was arrested two weeks later by police in West Virginia, was sentenced last week in federal court in Abingdon to 108 months in prison, United States Attorney Thomas T. Cullen announced.

In September 2019, Day, 48, pleaded guilty to one count of armed robbery and one count of using a firearm in relation to a federal crime of violence.

According to court documents, on April 18, 2019, Day interfered with commerce by threats or violence in relation to his armed robbery of the Valero Fast Mart in Marion. Following an investigation and search by law enforcement in Virginia, Tennessee, and West Virginia, Day was arrested on May 2, 2019 in West Virginia, with the assistance of the West Virginia State Police. 

The investigation of the case was conducted by the Marion Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tennessee Bureau of Investigation.  Assistant United States Attorneys Lena Busscher and Whit D. Pierce prosecuted the case for the United States.

Abingdon, VIRGINIA – The lead defendant in a drug distribution organization that trafficked methamphetamine, heroin, and cocaine from Texas and Indiana into Southwest Virginia was recently sentenced in federal court on drug conspiracy charges, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.

In a hearing yesterday, Daniel Augusto Rosa-Suarez, 44, of Arlington, Texas, was sentenced to 324 months in federal prison.  He was previously convicted of one count of conspiracy to possess with the intent to distribute and distributing 500 grams or more of methamphetamine, 100 grams or more of heroin, and quantities of cocaine. 

In all, three individuals were charged as part of this drug trafficking conspiracy.  Jon Trevor DeBord entered a guilty plea in January 2020 and is scheduled to be sentenced in April 2020.  A third defendant, Robert Louis Gray Osborne, is scheduled for trial in May 2020. 

According to court documents, Rosa-Suarez conspired with at least 12 others to traffic large quantities of crystal ice methamphetamine, heroin, and cocaine from Texas and Indiana into Southwest Virginia for redistribution.  In Virginia, the organization operated primarily in Smyth County and the Harrisonburg area from August 26, 2016, through May 25, 2018.  Rosa-Suarez admitted he led the organization to distribute controlled substances in Virginia, Alabama, Indiana, Tennessee, Texas, and other jurisdictions.  He also admitted he traveled extensively throughout the United States to acquire drugs for his drug trafficking organization and distribute it to sub-distributors in various jurisdictions, including the Western District of Virginia.  Rosa-Suarez admitted that he conservatively distributed over 33 kilograms of methamphetamine, 6.8 kilograms of cocaine, and 1.1249 kilograms of heroin. 

This case arose from a series of indictments stemming from an ongoing methamphetamine trafficking conspiracy ring operating primarily in the Smyth County, Virginia, area.  In total, 20 defendants have now been charged in connection with the investigation, including seven defendants who have been convicted and sentenced to date. 

The investigation of this case was led by the Drug Enforcement Administration, Bristol, Virginia, with assistance from the Smyth County Virginia Sheriff’s Office.  Numerous other agencies also provided assistance throughout the investigation, including the Drug Enforcement Administration in Indianapolis, Indiana, and Birmingham, Alabama, Washington County Virginia Sheriff’s Office, Abingdon, Virginia Police Department, Rockingham County Virginia RUSH Drug Task Force, Rockingham County Virginia Sheriff’s Office, Harrisonburg, Virginia Police Department, Bessemer, Alabama Police Department, Virginia Department of Corrections, Virginia Department of Corrections Probation and Parole Unit, and the Southwest Virginia Regional Jail Authority.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, and Special Assistant United States Attorney Roy F. Evans, who is also Commonwealth’s Attorney for Smyth County, prosecuted the case for the United States. 

Abingdon, VIRGINIA – Two Georgia women involved in a crystal ice methamphetamine conspiracy led by a co-defendant incarcerated in Virginia were each recently sentenced to federal prison.  Veronica Martinez, 30, of Doraville, Georgia, and Alison Atkinson, 30, of Grovetown, Georgia, were each sentenced to serve 60 months in federal prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.

Martinez and Atkinson each previously pleaded guilty to one count of conspiring to distribute and possess with the intent to distribute 50 grams or more of methamphetamine.  Two other co-defendants, Adrian Romero, 31, of Augusta, Georgia, and Clayton Lee Tate, 39, of Austinville, Va., were sentenced in late 2019 for their roles in the offense.

According to court documents, and from evidence presented at the sentencing hearings, from January 2017 to May 16, 2018, lead defendant Adrian Romero led a conspiracy with at least five or more individuals to distribute methamphetamine throughout the Western District of Virginia, and elsewhere.  Specifically, Romero organized and led a network of individuals to distribute large amounts of “crystal ice” methamphetamine, a potent form of the drug, from sources in Georgia into southwest Virginia.  Romero led this organization while he was incarcerated in a Virginia prison on other methamphetamine related charges.  The crystal ice Romero’s organization obtained and distributed was an extremely pure form of the drug, sometimes having a purity of 90 percent.   Atkinson and Martinez obtained the drug from sources according to his direction and then further distributed the drug in Georgia and southwest Virginia.  Atkinson and Martinez each accepted responsibility for trafficking up to 1.5 kilograms of crystal ice during this conspiracy. 

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Twin County Drug Task Force (Virginia) and Richmond City Police Department and Columbia County Sheriff’s Office in Georgia.  Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.

Roanoke, VIRGINIA – The former owner of the Virginia Vein Institute, who illegally distributed controlled substances, conspired to commit health care fraud, committed health care fraud, and then obstructed justice to hinder the investigation, was convicted yesterday at the conclusion of a seven-day jury trial in U.S. District Court in Roanoke. United States Attorney Thomas T. Cullen, Virginia Attorney General Mark Herring, and Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services made the announcement today.

The jury, after deliberating for an hour and a half, found Frank Purpera Jr., 44, of Blacksburg, Va., guilty of all 60 counts for which he was charged. Those charges included 56 counts of illegal distribution of a controlled substance, two counts of obstruction of justice, one count of health care fraud, and one count of conspiracy to commit health care fraud. 

Evidence presented at trial established that Purpera, for a period of approximately five years, wrote numerous prescriptions for Percocet, and Adderall, both Schedule II controlled substances, in the name of his wife, who had a different last name, on multiple occasions. The prescriptions were not for legitimate medical purposes and were outside the scope of Purpera’s medical practice. The defendant also falsified his medical records in an effort to defraud Medicare and Anthem Insurance. Medicare and Anthem paid claims to Purpera in excessive of $6 Million. After a search warrant was executed at the Virginia Vein Institution in September 2016, Purpera told his employees to say, “I don’t recall” when questioned by federal investigators.  To reiterate this point, Purpera showed an employee a video clip from the popular movie, “The Wolf of Wall Street,” in which numerous employees, when interviewed by federal law enforcement, say “I don’t recall, I don’t recall.”

The investigation of the case was conducted by the Department of Health and Human Services-Office of the Inspector General, the Drug Enforcement Administration, the Virginia Attorney General’s Medicaid Fraud Control Unit, Federal Bureau of Investigation, and an Investigator with the United States Attorney’s Office. Assistant United States Attorneys Jonathan Jones and Randy Ramseyer, and Nicole Terry, a Special Assistant United States Attorney and an Assistant Attorney General assigned to the Virginia Attorney General’s Medicaid Fraud Control Unit, prosecuted the case for the United States.

Abingdon, VIRGINIA – The former Vice President of Electronic Banking for First Bank & Trust pled guilty today in U.S. District Court in Abingdon to federal embezzlement charges, United States Attorney Thomas T. Cullen announced.

Lisa Tiller, 39, of Lebanon, Va., waived her right to be indicted and pleaded guilty today to one count of embezzlement by a bank employee.

According to information submitted to the court during today’s guilty plea hearing by Assistant United States Attorney Zachary T. Lee, Tiller was the Vice President of Electronic Bank for First Bank & Trust for approximately 17 years. On or about August 5, 2019, Tiller contacted an E-commerce representative with First Bank & Trust and had the bank account of the Russell County Health Coalition added to her personal online banking profile. Between Aug 5, 2019 and August 16, 2019, Tiller made six transactions, transferring funds totaling $4,750 from the Russell County Health Coalition account to her personal account.

On August 20, 2019, First Bank & Trust began an audit of the transactions and contacted Tiller about the discrepancies.  On that date, Tiller's husband deposited funds into Tiller's personal account sufficient to cover the loss and Tiller transferred $4,750 from her personal account to the Russell County Health Coalition account. She also admitted to bank leadership that she had wrongly transferred the funds from the Russell County Health Coalition Account. 

On January 14, 2020, when interviewed by an investigator with the Russell County Sheriff’s Office, working as part of a federal financial fraud investigative team, Tiller admitted to the embezzlement of funds from First Bank & Trust.

The investigation of the case was conducted by the Russell County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit Pierce are prosecuting the case for the United States.