FEDERAL DISTRICT ARCHIVE
Western District of Virginia
Press releases recorded for this federal judicial district.
Four Sentenced for Racketeering Conspiracy to Commit Violent Robberies, Murder of Off-Duty Reserve Police OfficerRead the Press Release
CHARLOTTESVILLE, VIRGINIA – Four members of a violent street gang, who were convicted of federal racketeering charges in February, were sentenced today in the United States District Court for the Western District of Virginia in Charlottesville for their roles in a RICO conspiracy that was responsible for the abduction and murder of a Waynesboro Police Department reserve officer, as well as multiple, violent armed robberies and home invasions, United States Attorney John P. Fishwick Jr. announced today.
Daniel Lamont Mathis, 20, of Charlottesville, Va., Shantai Monique Shelton, 26, of Charlottesville, Va., Mersadies Lachelle Shelton, 22, of Charlottesville, Va., and Kweli Uhuru, 25, of Winchester, Va., were each found guilty of multiple federal racketeering counts following a month-long jury trial in February.
Today in District Court, Mathis, Shantai Shelton, Mersadies Shelton and Uhuru were sentenced each to four life sentences plus an additional period of incarceration. Mathis was sentenced today to four life terms plus 132 years in federal prison. Shantai and Mersadies Shelton were each sentenced to four life terms plus an additional 82 years in federal prison and Kweli Uhuru was sentenced to four life terms plus an additional 10 years in federal prison.
“This investigation shows how dedicated the Department of Justice is to addressing violent crime and the presence of street gangs in our communities,” United States Attorney Fishwick said today. “The use of the federal RICO statute in this case allowed prosecutors to not only charge these four defendants, but other members of the gang, including those in leadership positions in Northern Virginia. Today’s sentence of multiple life terms should send a clear and loud message to those operating gang activity in central Virginia, this type of activity will lead you nowhere but federal prison.”
“This case comes at a time when our nation hears confusing messages about who in our society are the good guys and who are the bad guys. Officer Kevin Quick was one of the good guys. Thanks to United States Attorney John Fishwick and his team, our many outstanding law enforcement partners, and the Charlottesville FBI office, Officer Quick's killers have finally been brought to justice,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Division.
At trial, the evidence established that co-defendants Halisi Uhuru, Anthony Stokes and Kweli Uhuru formed the 99 Goon Syndikate, a set of the Bloods criminal street gang, while in prison. All three were released from prison in 2013. Kweli Uhuru recruited his brothers and the Shelton/Mathis siblings to join the gang in the summer of 2013 by persuading them of the easy money and respect earned as a gang member. By October 2013, this violent criminal street gang began committing criminal acts throughout Central Virginia.
Over the ensuing months, the gang members robbed convenience stores, burglarized or robbed homeowners, sold narcotics and ultimately abducted and murdered Captain Kevin Quick of the Waynesboro Police Department Reserves. Tragically, Captain Quick was in the wrong place at the wrong time on the evening hours of January 31, 2014. Quick was on his way to visit his sick child at the same time the gang wanted to commit a carjacking. When he arrived in the parking lot and exited his vehicle, the gang members abducted the unarmed Captain Quick at gunpoint and drove him to Fluvanna, where they forced him to disclose his ATM PIN code at gunpoint. After obtaining his code, the gang members took him into the woods and shot and killed him.
Two days later, gang members Daniel Mathis and Mersadies Shelton attempted to rob a Louisa homeowner who fought back after Mathis threatened a toddler and pistol whipped a female at the residence. During the melee, Mathis lost the magazine to his .40 caliber pistol and shot one of the residents while he escaped. The gang members then reached out to their leadership in Northern Virginia in an effort to escape to Montana. Halisi Uhuru sent Anthony Stokes from Manassas to Louisa in the middle of the night to bring the fellow gang members away from the scene of their crimes.
While in Northern Virginia, the leadership provided the gang members with food, shelter and helped them destroy evidence associated with the murder of Captain Quick, including the murder weapon. Law enforcement caught up with them the night they planned to escape to Montana on February 4, 2014. Two days later, Captain Quick’s body was found off a remote logging road in Goochland County, Virginia.
The investigation of the case was conducted by the Virginia State Police, the Federal Bureau of Investigation, the Louisa County Sheriff’s Office, the Albemarle County Police Department, the Charlottesville City Police Department, the Waynesboro Police Department, the Henrico County Police Department, the Gordonsville Police Department, the Goochland County Commonwealth’s Attorney’s Office, the Fluvanna County Commonwealth’s Attorney’s Office and the Prince William County Police Department. Assistant United States Attorneys Ronald M. Huber and Christopher Kavanaugh prosecuted the case for the United States. Victim and Witness specialists with the United States Attorney’s Office, assisted by Victim and Witness specialists from the FBI, Albemarle County and Louisa County, provided substantial assistance in support of the prosecution.
Roanoke Chemical Distributor Sentenced for Illegally Storing and Transporting Hazardous WasteRead the Press Release
ROANOKE, VIRGINIA – A Roanoke-based chemical distributing company, which previously pleaded guilty to illegally storing hazardous waste and to transporting hazardous waste from its facility in Roanoke to another facility, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr., announced.
Chem-Solv, formerly known as Chemicals and Solvents Inc., entered into a plea agreement with the United States in December 2015 in which it agreed to pay a $1million criminal fine for these violations, as well as an additional $250,000 to fund environmental community service projects. Chem-Solv has agreed to serve five years’ probation, during which time it must develop and implement an environmental compliance plan and be subjected to yearly independent environmental audits. In conjunction with the criminal settlement, the U.S. Environmental Protection Agency reached a civil settlement with Chem-Solv and the company paid a $250,000 penalty to settle alleged violations of improper hazardous waste storage at Chem-Solv’s Roanoke facility. Today in District Court, Chem-Solv was sentenced as described in the Plea Agreement.
“This prosecution should send a clear and consistent message to all business operating in the Western District of Virginia, that this United States Attorney’s Office, along with our partners on the Blue Ridge Environmental Crimes Task Force, will not allow profits and corporate bottom lines to harm our environment,” United States Attorney Fishwick said today. “When we find environmental violations, we will pursue righteous cases, both criminally or civilly, to protect our natural resources.”
"Today’s sentencing of Chem-Solv, Inc. stemming from illegal transportation and storage of hazardous waste is a clear signal that such illegal acts will not be tolerated,” said Floyd Sherman, US DOT-OIG regional Special Agent-in-Charge. “Working with our law enforcement and prosecutorial colleagues, we will continue to protect the public’s safety from those that would seek to circumvent DOT-related laws and regulations.”
“Laws for storing and transporting hazardous waste and toxic chemicals are designed to protect public health and safety,” said Jennifer Lynn, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Virginia. “Today’s sentence sends a strong message that violators who ignore those laws, putting workers and the public at risk, can expect to face the consequences in court.”
Chem-Solv operates a chemical blending and distribution facility on Industry Avenue S.E. in Roanoke as well as distribution facilities in Colonial Heights, Virginia, Rock Hill, South Carolina, and Piney Flats, Tennessee. Chem-Solv is in the business of purchasing chemicals and then reselling them to customers, either directly or after repackaging. Occasionally, Chem-Solv generated hazardous waste. A hazardous waste is waste which, because of its designation, quantity, concentration, or characteristics, poses a substantial present or potential hazard to human health or the environment.
Count One of the Information is based on a spill of several hundred gallons of ferric chloride – a hazardous substance – on the Chem-Solv facility in Roanoke in June 2012. Although most of the waste was cleaned up using vacuum trucks, some of the ferric chloride flowed from the Chem-Solv facility onto an adjoining property both before, and during, the cleanup. The pleadings allege that the adjoining property owner was not notified that ferric chloride had leaked onto their property. Chem-Solv then employed a waste transportation company to transport the waste to a disposal facility. Hazardous waste may only be transported by permitted carriers, and it must be properly placarded and be accompanied by a hazardous waste manifest identifying the waste and its characteristics. The pleadings allege that, although Chem-Solv was aware of the hazardous nature of ferric chloride, it did not properly test the waste and instructed the transporter to transport the waste as non-hazardous, without the proper placards and manifests.
Count Two of the Information charges Chem-Solv with the improper storage of hazardous waste. Chem-Solv was given advance notice of an EPA inspection in December 2013. At the time the advance notice was given, Chem-Solv was storing numerous containers of chemical waste on its facility that should have been disposed of properly. The pleadings allege that Chem-Solv directed its employees to load three trailers with the chemical waste in an attempt to prevent EPA inspectors from discovering it. Two of the three trailers were taken offsite. The third trailer, which was not road worthy, was stored on the Chem-Solv property for almost a year and its contents were discovered by law enforcement officers on Nov. 19, 2014, while executing a search warrant. That trailer was found to contain hazardous waste that Chem-Solv did not have a permit to store on its facility.
The investigation was conducted by Special Agents of EPA’s Criminal Investigation Division and the U.S. Department of Transportation’s Office of Inspector General. Assistance in the investigation was provided by the Roanoke Fire-EMS Department, the Virginia Department of Environmental Quality, Roanoke City Police Department, and other members of the Blue Ridge Environmental Task Force. The prosecution was handled by Assistant U.S. Attorney Jennie L. M. Waering, Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section, and Special Assistant United States Attorney and EPA Regional Criminal Enforcement Counsel David Lastra.
Galax Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ABGINGDON, VIRGINIA – A Galax, Virginia man pled guilty today in federal court to a series of child pornography charges that will lead to him serving at least 15 years in federal prison, United States Attorney John P. Fishwick Jr. announced.
Richard Denny Nofsinger Jr., 37, of Galax, Virginia, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to three counts of manufacturing child pornography. At sentencing, he faces a mandatory minimum sentence of 15 years in federal prison and a maximum statutory sentence of up to 90 years.
“When individuals like Mr. Nofsinger exploit our most vulnerable citizens, our children, it is the job of law enforcement to hold them accountable for their actions,” U.S. Attorney Fishwick said today. “The actions this defendant took were perverse and obscene and his punishment will be severe but just. The United States Attorney’s Office will continue to prosecute those who exploit children to the fullest extent of the law.”
According to evidence presented at today’s guilty plea hearing by United States Attorney Fishwick, Nofsinger was arrested on May 17, 2016 on a state arrest warrant in City of Galax and was in possession of a cellular phone. A search warrant was executed on the cell phone and eight videos containing sexually explicit images of children were recovered.
The videos depict Nofsinger, as well as at least two separate child victims, acting in a sexually explicit manner. Police have been able to identify the victims through witness interviews and identifying other objects, such as furniture, seen in the videos. Police have also recovered the T-shirt, and sunglasses Nofsinger wore in some of the videos.
The investigation of the case was conducted by the City of Galax Police Department and the United States Secret Service. United States Attorney John P. Fishwick Jr. and Assistant United States Attorney Jennifer R. Bockhorst prosecuted the case for the United States.
Kentucky Man Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
ABINGDON, VIRGINIA – A member of a conspiracy that distributed methamphetamine in and around Virginia and Kentucky, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, announced United States Attorney John P. Fishwick Jr.
Curtis Howerton, a.k.a “Bo,” 28, of Middlesboro, Kentucky, previously pled guilty to one count of conspiring to possess with the intent to distribute and to distribute methamphetamine. Today in District Court, Howerton was sentenced to 57 months in federal prison.
“Methamphetamine is an addictive and deadly substance,” United States Attorney Fishwick said today. “We are proud to work with our partners on the local, state and federal levels to continue to fight to the scourge of methamphetamine trafficking throughout the region.”
The investigation of the case was conducted by the Bell County, Kentucky Sheriff’s Office, the Middlesboro, Kentucky Police Department, the Lee County Virginia Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives Bristol and Atlanta Field Divisions. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Augusta County Woman Sentenced for Failing to Register as Sex OffenderRead the Press Release
ROANOKE, VIRGINIA – A previous convicted sex offender, who due to her previous criminal conduct was required to register as a sex offender, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke for failing to maintain her sex offender registration, United States Attorney John P. Fishwick Jr. announced.
Kimberly Ann Avery, 53, of Augusta County, previously pled guilty to one count of failing to register as a previously convicted sex offender. Today in District Court Avery was sentenced to 15 months in federal prison and five years of supervised release thereafter.
“When individuals fail to comply with the Sex Offender Registration and Notification Act they will be held accountable,” United States Attorney Fishwick said today. “SORNA is an important tool for law enforcement and our community that ensures our friends and neighbors are kept informed and safe.”
According to evidence presented at previous hearings by Assistant United States Attorney Charlene R. Day, Avery was aware that she was required to register as a sex offender under SORNA and had, on two separate occasions in 2011 and 2015, completed Virginia Sex Offender and Crimes Against Minors Registration Forms.
However, on September 29, 2015, a probation officer prepared a major violation report for Avery, citing multiple probation violations, including having contact with minor children, using illegal drugs and absconding from state probation. The report further stated that Avery failed to report for a scheduled appointment and that her whereabouts were unknown.
On November 4, 2015, investigators with the United States Marshals Service in the Southern District of Texas located Avery and conducted and interview with Avery, during which she stated she was tired of being labeled a monster and that she absconded because she wanted to live a normal life.
On November 5, 2015, investigators interviewed GT, a friend of Avery. GT admitted to knowing Avery for 30 years and further admitted that he knew Avery was a convicted sex offender and said Avery had picked him up from Connecticut, that they had traveled to California and then to Texas. GT stated that Avery did not register as a sex offender because she knew she would be arrested if she did. GT also stated that Avery wanted to abscond because she was not the monster she was being made out to be.
The investigation of the case was conducted by the United States Marshals Service and the Virginia State Police. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.
One Sentenced for Role in Analogue Distribution ConspiracyRead the Press Release
ABINGDON, VIRGINIA – One more member of a 22-member conspiracy that brought a controlled substance analogue into Southwest Virginia from as far away as China was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Ryan Richard Potter, 27, who previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 4.5 kilograms of alpha-PVP, a controlled substance analogue, was sentenced today to 66 months in prison.
“In many instances the abuse of synthetic substances is more addictive and more dangerous than that of illegal street drugs,” United States Attorney Fishwick said today. “We are grateful to the cooperative law enforcement effort that put an end to this conspiracy and slowed the flow of this substance into Southwest Virgnina.”
According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, Potter, and other members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.
Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Former Prisoner at USP Lee Sentenced for 2008 EscapeRead the Press Release
ABINGDON, VIRGINIA – A prisoner who was already serving time at USP Lee but escaped custody in 2008 was sentenced yesterday to additional federal prison time for that crime, United States Attorney John P. Fishwick Jr. announced.
Edward Porta, 61, pled guilty in June 2016 to one count of escape from custody of an institution or officer (USP Lee County Prison Camp). Tuesday in the United States District Court for the Western District of Virginia in Abingdon, Porta was sentenced to 18 months imprisonment to be served consecutively to the remainder of his previous sentence, to be followed by two years of supervised release.
"Mr. Porta has shown a complete disregard for law and order and has been justly punished for his actions,” United States Attorney Fishwick said today.
According to evidence presented at previous hearings by Assistant United States Attorney Jennifer R. Bockhorst, Porta was a prisoner at USP Lee County Prison Camp when he escaped in 2008. He remained a fugitive until earlier this year when he was apprehended in Washington State.
The investigation of the case was conducted by the United States Marshal’s Service. Assistant United States Attorney Jennifer R. Bockhorst prosecuted the case for the United States.
Roanoke Man Pleads Guilty to Cocaine ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced the guilty plea today of a Roanoke man to a federal drug charge.
Terrance Donald Jackson, 29, of Roanoke, Virginia, pled guilty today in the United States District Court for the Western District of Virginia in Roanoke to one count of distribution of a measurable quantity of cocaine.
“We will continue to work with our partners on the federal, state and local levels to rid our communities of drugs, working to make our communities safer,” United States Attorney Fishwick said.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roanoke City Police Department and the agencies of the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Methamphetamine Conspirator SentencedRead the Press Release
ABINGDON, VIRGINIA – Another member of a methamphetamine conspiracy that trafficked large quantities of the drug from Atlanta to Southwest, Virginia, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Franklin Dee Rose, 38, of Bristol, Tennessee, previously pled guilty to one count of conspiring to possess with the intent to distribute methamphetamine. Today in District Court, Rose was sentenced to 169 months in federal prison.
“We will continue to work to put an end to conspiracies like this one, and others like it, that bring methamphetamine into our communities and destroy lives,” United States Attorney Fishwick said today.
According to evidence presented at previous hearings by Assistant United States Attorney Zachary, Rose was part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Marion Man Sentenced on Methamphetamine ChargesRead the Press Release
ABINGDON, VIRGINIA – A Southwest Virginia resident, who previously pled guilty to charges related to the manufacturing of methamphetamine, was sentenced today in the United States District Court for the Western District of Virginia at Abingdon, Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced.
Travis Michael Felty, 35, of Marion, previously pled guilty to one count of conspiring to manufacture methamphetamine, one count of creating a substantial risk of harm to human life while illegally manufacturing or attempting to manufacture methamphetamine, and one count of manufacturing or attempting to manufacture methamphetamine where a minor resided or was present. Felty was sentenced today in District Court to serve 84 months in prison, to be followed by 3 years of supervised release. Restitution of $834 was also imposed for the cleanup of the hazardous materials from a methamphetamine laboratory found at Felty’s apartment.
Felty pled guilty to conspiring to manufacture methamphetamine over a nine month period, from August 9, 2014, through on or about May 27, 2015. Approximately 68 grams of methamphetamine were involved in this conspiracy. Evidence presented during today’s sentencing hearing included photographs of Felty’s apartment, where a search warrant was executed on May 27, 2015. The search warrant revealed evidence of a recent methamphetamine laboratory, which included dangerous equipment and chemicals, methamphetamine, and multiple drug paraphernalia items, such as smoking devices and a used syringe. The methamphetamine laboratory equipment and materials were located in close proximity to Felty’s two-year old child’s bedroom. Actual methamphetamine, drug paraphernalia, and other dangerous items were located on top of the child’s toy table, just outside the child’s bedroom. Felty’s child was present when the search warrant was executed.
“Manufacturing methamphetamine puts those nearby in tremendous harm. When that involves a minor, we take it very serious and hold those responsible accountable, as today’s sentence shows” United States Attorney Fishwick said today. “This case demonstrates the lengths that drug dealers will go to manufacture this drug, to include manufacturing where a two-year old child resides. Exposing a young child to methamphetamine and the dangerous chemicals used during the manufacturing process is incomprehensive and repugnant. We will continue to work with our partners in law enforcement to slow the spread of this deadly drug throughout Virginia, put those who manufacture and traffic it in jail, and lend support to those struggling with addiction.”
Attorney General Mark Herring added his appreciation to the law enforcement agencies involved in this investigation and echoed the need to aggressively prosecute those who manufacture methamphetamine. “Manufacturing methamphetamine is inherently dangerous and presents a serious risk of harm to the community. Our office takes all cases involving the manufacture of methamphetamine very seriously, particularly those where a child is exposed to this very dangerous drug and the manufacturing process. We will continue to aggressively prosecute those who manufacture and traffic methamphetamine and work to keep this dangerous drug out of our communities. Public safety is our highest priority,” stated Attorney General Mark Herring.
Agencies involved in this investigation included the Washington County Sheriff’s Office, Town of Abingdon Police Department, Bristol Virginia Police Department, and the Drug Enforcement Administration. 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.
Roanoke Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
ROANOKE, VIRGINIA – The third member of a conspiracy that distributed large quantities of various drugs throughout the Roanoke Valley pled guilty today in the United States District Court for the Western District of Virginia in Roanoke to federal drug conspiracy charges, United States Attorney John P. Fishwick Jr. announced.
Noel Phillip Solett, 40, of Roanoke, Va., pled guilty today to one count of conspiring to distribute at least 50 grams of methamphetamine or at least 500 grams of a substance containing a detectable about of methamphetamine.
“These defendants caused great pain to individuals throughout the Roanoke Valley who struggled with addiction to these dangerous substances,” United States Attorney Fishwick said today. “I am grateful to the men and women who investigated and prosecuted this conspiracy and slowed the tide of drugs into our community.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Laura D. Rottenborn, Solett admitted that between December 2015 and February 2016 he bought methamphetamine from co-conspirator Tyler Johnson. Johnson pled guilty to federal drug charges last week. Solett and Johnson generally met in Roanoke or Salem to conduct their drug transactions. Solett admitted to buying 1,000 grams of crystal methamphetamine from Johnson. Solett then sold the methamphetamine to other drug customers. Solett also sold heroin. One of Solett’s drug customers was Brandon Thomas. Thomas previously pled guilty to federal sex trafficking and drug trafficking charges.
Solett was interdicted by police in February 2016 during the course of a drug transaction in the parking lot of a Roanoke hotel. During a search of his vehicle, Roanoke City Police found two lockboxes in the trunk of his car, which contained methamphetamine, heroin, LSD, and ammunition. Police also recovered a .45 caliber handgun in the driver’s side door compartment.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Roanoke City Police Department, the Roanoke County Police Department, the Salem Police Department, and the Virginia State Police. Assistant United States Attorneys Donald R. Wolthuis and Laura Day Rottenborn prosecuted the case for the United States.
Roanoke Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
ROANOKE, VIRGINIA – A Roanoke man, who was previously convicted of a crime and therefore prohibited by federal law from possessing a firearm, pled guilty last week to a federal firearms charge, United States Attorney John P. Fishwick Jr. announced today.
Jon Phillip Dumire, 23, of Roanoke, pled guilty last Friday in the United States District Court for the Western District of Virginia in Roanoke to one count of being a previously convicted felon illegally in possession of a firearm.
“Keeping firearms out of the hands of prohibited users is the first step in making our communities less violent,” Untied States Attorney Fishwick said today. “If our friends and neighbors are going to feel safe in our neighborhoods they must know that law enforcement is working to ensure that illegal guns are being taken off the streets.”
According to evidence presented during a guilty plea hearing in District Court last week, in the early morning hours of December 27, 2014, while at a house party on Stewart Avenue, SE in Roanoke, and thereafter, Dumire was armed with two guns, a small silver. 25 caliber pistol with a white handle and a .380 caliber pistol. Dumire was seen holding these guns and wearing them on his hips throughout the events that morning at the party, after the party and inside and outside his residence.
The case was brought following an investigation by the Central Virginia Violent Crime Safe Streets Task Force [Roanoke Violent Crime Task Force], a joint state-federal task force formed in January 2016 led by the FBI that includes the Virginia State Police, Roanoke City Police and Roanoke County Police. While not an official member of the task force, the Bureau of Alcohol, Tobacco, Firearms and Explosives is routinely involved in the work of the task force and was crucial in the Dumire investigation. The case was prosecuted for the United States by United States Attorney John P. Fishwick Jr. and Assistant United States Attorney Daniel Bubar.
Methamphetamine Conspirator SentencedRead the Press Release
ABINGDON, VIRGINIA – Another member of a methamphetamine conspiracy that trafficked large quantities of the drug from Atlanta to Southwest, Virginia, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Jeremy Bartley, 27, of Bristol, Tennessee, previously pled guilty to one count of conspiring to distribute methamphetamine. Today in District Court, Bartley was sentenced to 180 months in federal prison. Donna Jenkins, 64, of Abingdon, Virginia, who previously pled guilty to one count of misprision of a felony, was sentenced today to two years of probation and a fine of $5,000.
“This conspiracy brought large amounts of methamphetamine into SW Virginia, profiting from the addiction of others,” United States Attorney Fishwick said today. ““We will continue to work with our partners in law enforcement to dismantle large, wide-ranging distribution conspiracies like the one this defendant was involved with.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary, Bartley was part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Cleveland, Virginia Man Sentenced on Federal Firearms ChargesRead the Press Release
ABINGDON, VIRGINIA – A Russell County man, who was prohibited from possessing firearms due to previous criminal convictions, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon after previously pleading guilty to federal firearms charges, United States Attorney John P. Fishwick Jr. announced.
Roger Allen Combs, 51, of Cleveland, Virginia, previously pled guilty to one count of possession of an explosive device by a convicted felon, one count of possession of a firearm not registered on the National Firearms Registry and Transfer Record and one count of being a convicted felon illegally in possession of a firearm. Today in District Court, Combs was sentenced to 57 months in federal prison.
“The first crucial step in making our communities safer is getting illegal guns out of the hands of prohibited users and off the streets,” United States Attorney John P. Fishwick Jr. said today. “We will continue to work with our partners in law enforcement to find these illegal guns and get them off the streets.”
According to evidence presented at previous hearings by Russell County Commonwealth’s Attorney and Special Assistant United States Attorney Brian Patton, Combs, who has several prior criminal convictions, was observed by law enforcement coming in and out of a storage unit in Russell County with a bag. Law Enforcement officers executed a traffic stop on a vehicle Combs was traveling in and found a firearm. Based on that evidence, officers obtained a search warrant for the storage unit where they found several guns, parts of guns, ammunition and a blasting cap.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Russell County Sheriff’s Office and the Virginia State Police. Russell County Commonwealth’s Attorney and Special Assistant United States Attorney Brian Patton prosecuted the case for the United States.
Pennsylvania Man Sentenced on Federal Drug ChargeRead the Press Release
ROANOKE, VIRGINIA – A Pennsylvania man, who previously pled guilty to federal heroin charges, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
Orlando Sanchez, 30, of Reading, Pennsylvania, previously guilty today to one count of conspiracy to distribute 100 grams or more of heroin. Today in District Court, Sanchez was sentenced to 60 months in federal prison.
“Heroin addiction is increasing at alarming rates,” United States Attorney Fishwick said today. “We will continue to work to prosecute those who trafficking in this dangerous drug while also providing support for prevention and treatment programs for those addicted to this deadly substance.”
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Town of Vinton Police Department, the Roanoke City Police Department and the Roanoke County Police Department. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Two More Defendants Who Sold ‘Gravel’ Sentenced in Federal CourtRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced an additional two sentences in the ongoing prosecution of a 22-member conspiracy that brought a controlled substance analogue substance to Southwest Virginia from as far away as China.
Joshua Hughes, 28, previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 3.3 kilograms of alpha-PVP, a controlled substance analogue, and one count of possession of a firearm in furtherance of a drug trafficking crime. Yesterday in the United States District Court in Abingdon, Hughes was sentenced to 132 months in federal prison.
Brandon Keith Whited, 38, previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 2 kilograms of alpha-PVP and one count of possession of a firearm in furtherance of a drug trafficking crime. Today in District Court, Whited was sentenced to 159 months in federal prison.
“The defendants prosecuted as part of this investigation continue to receive lengthy, but just, punishments that show how serious and dangerous controlled substance analogues are to the health and safety of the public,” United States Attorney Fishwick said today. “We will continue to work to slow the flow of these substances into our communities.”
According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, the defendants, and others members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.
Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Methamphetamine Conspirators SentencedRead the Press Release
ABINGDON, VIRGINIA – Another two members of a conspiracy that trafficked large quantities of methamphetamine from Atlanta to Southwest Virginia was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Robert Edward Bowman, 42, of Bristol, Virginia, previously pled guilty today to one count of conspiring to possess with the intent to distribute methamphetamine. Today in District Court, Bowman was sentenced to 78 months in federal prison. In a separate hearing, Connie Diane Strouth, 51, of St. Paul, Virginia, who previously pled guilty to one count of conspiring to possess with the intent to distribute methamphetamine, was sentenced to 46 months in federal prison.
“We are seeing large amounts of methamphetamine brought into Southwest Virginia from areas outside of the Commonwealth and we must continue to work to put a stop to it,” United States Attorney John P. Fishwick Jr. said today. “We know other crimes follow methamphetamine addiction, property crime, domestic abuse, child neglect, things that devastate communities. For those reasons alone we must get a handle on this growing problem.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Bowman and Strouth were part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Northeast Tennessee and Southwest Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Lynchburg Man Pleads Guilty to Federal Gun ChargeRead the Press Release
LYNCHBURG, VIRGINIA – A Lynchburg man, who illegally possessed a firearm after being a previously convicted felon, pled guilty today in the United States District Court for the Western District of Virginia in Lynchburg to a federal firearms charge, United States Attorney John P. Fishwick Jr. announced today.
Shawn Vernol Preston, 54, of Lynchburg, pled guilty today to one count of unlawful transport of a firearm. Preston will be sentenced on November 15, 2016.
“It has been a priority of my office to work with our law enforcement partners, on the local, state and federal levels, to rid our communities of illegal firearms,” United States Attorney Fishwick said today. “We remain committed to prosecuting those individuals who are prohibited from possessing firearms, which we believe will, in turn, make our communities safer.”
According to evidence presented at today’s guilty plea hearing by United States Attorney John P. Fishwick Jr., on December 18, 2015 at around 7:39 p.m., Preston was approached by a Lynchburg Police Officer after he matched the physical description of someone who was reported to be seen with a gun. When Preston was approached by the officer, he refused to be patted down and eventually took off running.
A foot chase ensued and the Lynchburg police officer observed Preston reach into the front waistband of his pants and pull out a pistol with a silver slide. Preston ran behind a row of houses. The officer did not pursue him because she was alone and the lighting was poor. After additional units arrived, Preston emerged from behind the houses without the gun. He was arrested and placed in handcuffs. After searching behind the homes where Preston ran, another officer with the Lynchburg Police Department located a loaded, .45 silver pistol with a black grip lying on the ground.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lynchburg Police Department. United States Attorney John P. Fishwick Jr. and Assistant United States Attorney Christopher Kavanaugh prosecuted the case for the United States.
Wise Business Owner Pleads Guilty to Selling Synthetic PotRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Southwest Virginia who previously pled guilty to distributing synthetic drugs.
Bradford Levi Moore, 37, of Wise, Virginia, previously pled guilty to one count of conspiring to distribute synthetic cannabinoids. Today in the United States District Court for the Western District of Virginia in Abingdon, Moore was sentenced to 24 months in federal prison.
“Synthetic forms of drugs have deadly effects on the body and the brain, even more so than common street drugs,” United States Attorney Fishwick said today.
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Moore admitted to being a distributor of synthetic cannabinoids in Wise County, Virginia from January 2013-January 2015. On January 22, 2015, a controlled delivery of synthetic cannabinoids was made to Moore at his business in Wise County.
The investigation of the case was conducted by the United States Postal Inspection Service, the Bureau of Alcohol Tobacco, Firearms and Explosives, the Wise County Sheriff’s Department and the Southwest Virginia Drug Task Force. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Two Sentenced for Roles in Methamphetamine ConspiracyRead the Press Release
ABINGDON, VIRGINIA – Two members of a methamphetamine conspiracy that trafficked large quantities of the drug from Atlanta to Southwest Virginia, were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Summer Deborah Booher, 22, of Blunt City, Tennessee, previously pled guilty to one count of conspiring to possess with the intent to distribute methamphetamine. Today in District Court, Booher was sentenced to 60 months in federal prison. Stacy Lee Doane, 31, of Bristol, Virginia, previously pled guilty to one count of conspiring to possess with the intent to distribute methamphetamine. Today in District Court, Doane was sentenced to 72 months in federal prison.
“We will continue to be vigilant in stopping the flow of methamphetamine into Southwest Virginia,” United States Attorney Fishwick said today. “Conspiracies, like the one prosecuted in this case, will be held accountable for their actions.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, the defendants were part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Salem, Virginia Man Pleads Guilty to Methamphetamine ChargesRead the Press Release
ROANOKE, VIRGINIA – A 21-year-old Salem man, who admitted to having crystal methamphetamine shipped to the Roanoke Valley from California, pled guilty today in U.S. District Court in Roanoke to federal drug charges, United States Attorney John P. Fishwick Jr. announced.
Tyler Johnson, 21, of Salem, Va., pled guilty today in the United States District Court for the Western District of Virginia in Roanoke to one count of conspiring to distribute and possess with the intent to distribute at least 50 grams of methamphetamine or 500 grams of a substance containing a detectable amount of methamphetamine.
“Methamphetamine is a drug that destroys the lives of those who become addicted. The abuse of this dangerous substance is so often the spark for other criminal activities,” United States Attorney Fishwick said today. “We will continue to dedicate as many resources as possible to combat this growing threat in our community.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Laura Day Rottenborn, Johnson admitted that from November 2015 through February 2016 he bought crystal methamphetamine from Joshua Voress of Beverly Hills, California. Johnson met Voress via the Internet and during the course of their drug relationship, Johnson bought between 10 and 30 pounds of crystal methamphetamine. Voress shipped the crystal methamphetamine to Johnson in the mail, generally via the United States Postal Service or FedEx. Once the drugs were received in the Western District of Virginia, Johnson sold the crystal methamphetamine in Roanoke and the surrounding areas.
Johnson was interdicted on February 19, 2016, when local law enforcement observed him make a hand-to-hand crystal methamphetamine sale out of the window of his car in the parking lot of a Sheetz gas station. At the time, Johnson had approximately 20 grams of crystal methamphetamine in his possession.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Roanoke City Police Department, the Roanoke County Police Department, the Salem Police Department, and the Virginia State Police. Assistant United States Attorneys Donald R. Wolthuis and Laura Day Rottenborn prosecuted the case for the United States.
Pair That Distributed Heroin are SentencedRead the Press Release
ROANOKE, VIRGINIA – A pair of Roanoke men, who previously pled guilty to distributing heroin, were sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
Benjamin Moore Garnette, 31, of Roanoke, Va., previously pled guilty to one count of distributing heroin and one count of possession of a firearm in furtherance of a drug trafficking crime. Today in District Court, Garnette was sentenced to 137 months in federal prison.
Keith Holland, 39, of New Jersey, previously pled guilty to one count of possession with the intent to distribute heroin. Today in District Court, Holland was sentenced to 70 months in federal prison.
“The heroin epidemic continues to pose real challenges to our communities, law enforcement agencies, but most importantly to those addicted to this awful drug,” United States Attorney Fishwick said today. “We will continue to vigorously enforce our drug laws while offering support for prevention and treatment programs looking to help those addicted to heroin and other drugs.”
According to evidence presented at previous hearings, Holland and Garnette maintained a home on Dale Avenue in the City of Roanoke that police believed was used for the distribution of heroin. During an August 13, 2015 search of the home, conducted after police obtained a search warrant, police discovered approximately 1,800 dosages units (54 grams of heroin) and several firearms.
Methamphetamine Conspirator Pleads GuiltyRead the Press Release
ABINGDON, VIRGINIA – Another member of the of a conspiracy that trafficked large quantities of methamphetamine from Atlanta to Southwest Virginia, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Steven Roger Bryant, 42, pled guilty today in District Court to one count of conspiring to distribute methamphetamine.
“We will continue to devote as many resources as possible to slow the trend of methamphetamine trafficking into Southwest Virginia,” United States Attorney Fishwick said today. “Methamphetamine is a drug that destroys lives and communities and must be stopped.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Bryant was part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Norfolk Man Sentenced for Possessing Marijuana Inside Federal PrisonRead the Press Release
ABINGDON, VIRGINIA – A Norfolk man, serving a federal prison sentence for illegally possessing a firearm, will serve additional federal time for illegally possessing marijuana inside a federal prison after being sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Terrance Edward Brown, 34, of Norfolk, pled guilty in January 2015 to one count of possessing a prohibited object, marijuana, while being an inmate as the United States Penitentiary Lee (USP Lee). Today in District Court, Brown was sentenced to imprisonment for a term of five years.
“Mr. Brown has repeatedly shown that he has no desire to follow the laws of the United States, whether it is outside the walls of the federal penitentiary or inside,” United States Attorney Fishwick said today.
Brown previously admitted to possessing marijuana on March 3, 2015, while being housed as an inmate at USP Lee.
The investigation of the case was conducted by the Bureau of Prisons and the Federal Bureau of Investigation. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
Norfolk Man Sentenced for Illegally Distributing InsulinRead the Press Release
ABINGDON, VIRGINIA – A Norfolk, Virginia man, who sold insulin on Craigslist to an undercover FDA agent, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Patrick Simanjuntak, 41, of Norfolk, Virginia, previously pled guilty to one count of misbranding a drug and selling a drug outside of a legitimate supply chain. Today in District Court, Simanjuntak was sentenced to five years of probation. The defendant, who is an Indonesia native in the United States on an expired 1998 visa, has 30 days to leave the U.S. and is not permitted to return to the country until after he has successfully completely his sentence.
“The public must be sure the drugs they consume are safe, have been properly inspected and are only being used under the care of a licensed physician,” United States Attorney Fishwick said today. “When individuals like Mr. Simanjuntak put lives at risk by selling prescription drugs on the black market, without a prescription or the umbrella of Food and Drug Administration [FDA] oversight, we will hold them accountable.”
“FDA’s oversight of prescription drugs is intended to ensure that consumers are taking prescription drugs that are both safe and effective, and only under a practitioner’s supervision. When criminals attempt to market stolen prescription drugs directly to consumers, they put the public’s health at risk,” said Special Agent in Charge Mark A. McCormack, FDA Office of Criminal Investigations’ Metro Washington Field Office. “Our office will continue to protect consumers by bringing to justice any criminal who sells potentially harmful prescription drugs.”
In November 2015, the FDA learned that a person, later identified as the defendant, was advertising the sale of insulin on multiple Craigslist sites in the mid-Atlantic region. In these advertisements, Simanjuntak claimed the insulin had been obtained from medical facilities, specifically nursing homes.
On November 16, 2015, an undercover FDA agent contacted Simanjuntak at the telephone provided in the ads. Subsequent to this contact, the agent made five separate purchases of pre-filled insulin injection pens from the defendant. Cumulatively, between November 2015 and February 2016, FDA’s undercover agent purchased 17 boxes of pre-filled insulin pens, each box containing five pens, for which the agent paid a total of $1,870 to the defendant through Paypal. At no time during these transactions did Simanjuntak ask for, or require, the special agent to provide a valid prescription for the insulin. On two occasions, the agent received boxes of insulin from the defendant which still had affixed to them prescription labels for other patients. Simanjuntak is neither a licensed medical professional nor licensed to distribute prescription medication.
The investigation of the case was conducted by the Food and Drug Administration, Office of Criminal Investigations. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Methamphetamine Conspirators SentencedRead the Press Release
ABINGDON, VIRGINIA – Three members of a methamphetamine conspiracy that trafficked large quantities of the drug from Atlanta, Georgia to Southwest, Virginia, were sentenced this week in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Brandin Travis Hyde, 38, of Castlewood, Va., previously pled guilty to one count of conspiring to possess with the intent to distribute methamphetamine and one count of possessing a firearm while being an unlawful user of a controlled substance. This week in District Court, Hyde was sentenced to 151 months in federal prison. Also in District Court this week, in separate hearings, two other members of the conspiracy, Jeffrey Bruce Bartley, 27, of Bristol, Tenn, was sentenced to 51 months in federal prison and Melissa Harless, 54, of Abingdon, Va., was sentenced to 151 months in federal prison.
“We must continue to be vigilant in our fight against methamphetamine being brought into the Western District of Virginia from elsewhere,” United States Attorney John P. Fishwick Jr. said today. “We will continue to work with our partners in law enforcement to dismantle large, wide-ranging distribution conspiracies like the one this defendant was involved with.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Hyde was part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.
In April 2015, Hyde was interviewed in Bristol, Virginia and admitted that on multiple occasions he accompanied Jeremy Bartley to Atlanta, Georgia to pick up five ounces of crystal methamphetamine. Hyde also admitted to carrying a firearm trafficking in methamphetamine. Hyde returned to Southwest Virginia with the methamphetamine and further distributed it to others.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Pair Sentenced on Health Care Fraud, Conspiracy ChargesRead the Press Release
ABINGDON, VIRGINIA – A pair of former lab professionals, who were convicted of billing Medicaid, Medicare, TennCare and a variety of other insurance companies following a bench trial earlier this year, were sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr., Virginia Attorney General Mark R. Herring and HHS Office of Inspector General Special Agent in Charge Nick DiGiulio announced today.
Beth Palin, 50, and Joseph D. Webb, 55, both of Bristol, Tenn., were convicted on April 7, 2016 following a bench trial of one count of conspiracy to commit health care fraud and health care fraud. Yesterday in United States District Court, Palin and Webb were both sentenced to 36 months in federal prison and ordered to pay $1,436,887 in restitution.
“These defendants stole over a million dollars from health care programs designed to provide care to those who need the most help. Medicare and Medicaid are not a means to line the pockets of fraudsters like Ms. Palin and Mr. Webb,” United States Attorney Fishwick said today. “I am thankful for the work of the Virginia AG’s Office, Medicaid Fraud Control Unit and all of our law enforcement partners who worked on this case. It is important for us to keep fraud and abuse out of these very important social programs.”
“Palin and her associates exploited important safety net programs and the prescription drug abuse crisis to benefit themselves to the tune of over a million dollars,” said Attorney General Mark Herring. “We will continue to work with U.S Attorney Fishwick and other local, state, and federal partners to crack down on this kind of theft and fraud, and to address the problem of heroin and prescription drug abuse from every possible angle.”
“Clinical labs play a critical role in providing care for people on Medicare,” said Nick DiGiulio, Special Agent in Charge for the Office of Inspector General at the U.S. Department of Health and Human Services. “Lab professionals who aim to get rich quick by cheating patients and taxpayers, as in this case, can expect to pay a high price for their crimes.”
According to evidence presented during the bench trial by Assistant Attorney General and Special Assistant United States Attorney Janine Myatt, Webb and Palin owned Bristol Labs, which was a lab that specialized in urine drug screen testing. Bristol Labs worked with Dr. Charles Kim Wagner, a medical doctor licensed by the Drug Enforcement Administration to prescribe Suboxone. Wagner opened what purported to be a substance abuse treatment program that involved only medication assisted treatment using Suboxone in Bristol, Virginia. His practice accepted cash payment only and charged $250 for an initial visit and $100-$110 each week thereafter. Wagner’s office was located next to Bristol Labs in an adjacent office suite within the same physical building as Bristol Labs. Drug screenings were required for Wagner’s patients at each weekly visit and Wagner sent 100 percent of his patients to Bristol Labs for their drug screenings.
Although patients paid cash for doctor’s appointments, they could use Medicare or Medicaid to pay Bristol Labs for prescriptions and the cost of urine drug screenings. The type of drug screening Wagner ordered depended solely on the method of payment. If a patient was uninsured or “self-pay,” Wagner ordered a $25 dip-stick or “quick cup” urine drug screen from Bristol Labs. However, if a patient was paying via insurance, Medicaid or Medicare, Wagner ordered two separate, automated screens performed by Bristol Labs and by another confirmation Lab in Denver, Colorado. These patients paid nothing out of pocket, however Medicare, Medicaid or their insurance company would be billed between $120-$1,800 for these tests each week. These tests were medically unnecessary and Wagner did not use the results of the tests to direct patient care.
Palin and Webb eventually opened their own addiction practice in Gate City, Virginia, called Mtn. Empire Medical Care. Palin and Webb instituted a nearly identical drug testing protocol to the one at Wagner’s practice, self-pay patients paid an extra $25 and got a quick cup test while insured patients got two automated screens which were billed to their insurance companies and paid nothing out of pocket. These expensive tests were medically unnecessary.
In total, this conspiracy fraudulently billed Virginia Medicaid, TennCare, Medicare, Aetna, Optum/United Health Care, Anthem/Blue Cross-Blue Shield of Virginia, Anthem/Blue Cross-Blue Shield of Tennessee and Cigna, $14,278,340 for medically unnecessary urine screens.
Dr. Wagner died during the course of this investigation and was therefore not charged in this matter.
The investigation of the case was conducted by Virginia Office of the Attorney General’s Medicaid Fraud Control Unit, United States Health and Human Services-Office of Inspector General, the Tennessee Bureau of Investigation, the Internal Revenue Service, the Bristol, Virginia Police Department, The Virginia State Police, the Bristol, Tennessee Police Department, the Scott County Sheriff’s Office and the United States Marshals Service. Assistant Attorney General and Special Assistant United States Attorney Janine Myatt and Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Owner of EMATS Pleads Guilty to Conspiracy and Tax ChargesRead the Press Release
ABINGDON, VIRGINIA – A local business owner, who employed at least one person he knew was receiving federal disability benefits, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to conspiracy and tax charges, United States Attorney John P. Fishwick Jr. announced.
Jonathan I. Bowerbank, of Rosedale, Va., pled guilty today to one count of conspiracy to defraud the Social Security Administration and one count of impeding internal revenue laws.
“The disability benefit provided by the Social Security Administration is meant to be a source of stability for those too disabled to work. It is not a means for paid employees to supplement their income,” United States Attorney Fishwick said today. “We will continue to devote resources to ridding the system of fraud and abuse, and will continue to hold accountable employers who falsely report wages so that employees may continue to collect disability benefits to which they are not entitled.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Jennifer R. Bockhorst, Bowerbank has been the controlling owner and president of EMATS Inc., since November 1998. From 2003 to 2012, Bowerbank employed Billy Vance and Brenda Vance, who were his next door neighbors.
Billy Vance had been collecting disability benefits since 1987. To hide the fact that Billy Vance was gainfully employed, EMATS Inc. reported all of the payments for the work performed by Billy Vance on Brenda Vance’s Form W-2. This had the effect of hiding Billy Vance’s ability to work from the Social Security Administration As a result, Billy Vance received $186,677.10 in disability benefits to which he was not entitled. Billy Vance and Brenda Vance previously pled guilty to disability fraud charges and repaid the government all of the money fraudulently obtained.
Bowerbank also admitted today that he failed to properly report to EMATS bookkeepers which credit card expenses were personal expenses rather than business expenses. As a result, Bowerbank’s income was underreported on three years of his tax returns.
The investigation of the case was conducted by the Internal Revenue Service – Criminal Investigations and the Social Security Administration – Office of Inspector General. Assistant United States Attorneys Jennifer R. Bockhorst and Randy Ramseyer, as well Gregory E. Tortella and Joseph M. Giannullo, trial attorneys for the Department of Justice’s Tax Division, prosecuted the case for the United States.
Eight Charged with Conspiring to Traffic Synthetic Drugs into United States from ChinaRead the Press Release
HARRISONBURG, VIRGINIA – Seven individuals who are alleged to have been members of a conspiracy that trafficked controlled substances, including controlled substance analogues (also called synthetic drugs) from Asia that eventually made their way to the streets of Harrisonburg for distribution, have been indicted by a federal grand jury sitting in the United States District Court for the Western District of Virginia in Harrisonburg.
After the synthetic drugs arrived in the United States, this conspiracy distributed them to locations in the Western District of Virginia, New York, Illinois, Pennsylvania, Oregon, North Carolina, South Carolina, Georgia, Texas, Ohio and Michigan. An eighth man, who has pled guilty to being part of the conspiracy, has admitted to providing the drugs to a sub-distributor in Harrisonburg, United States Attorney John P. Fishwick Jr. announced today.
In a superseding indictment filed under seal July 19, 2016 and unsealed in recent weeks following the arrests and initial court appearances of the defendants, the grand jury has charged Jason Bradley, 38, of Chicago, Illinois, his wife, Deborah Ryba, 37, also of Chicago, Ryan Buchanan, 35, of Downers Grove, Illinois, Brian Lister, 29, of Buffalo Grove, Illinois, Nicholas Purintun, 30, of Downers Grove, Illinois, Nayna Taylor, 55, of Charlotte, North Carolina and Edward Taylor, 66, of Charlotte, North Carolina.
According to the superseding indictment, from March 2011 to October 2015, the defendants conspired to traffic controlled substances, including controlled substance analogues, from China and other Asian countries to the United States, including areas in the Western District of Virginia, for the purpose of human consumption. At times during the conspiracy, Jason Bradley and Deborah Bradley lived in China and Thailand and shipped synthetic drugs directly to other members of the conspiracy, who then redistributed them to various locations throughout the United States. The superseding indictment also alleges that some members of the conspiracy engaged in a conspiracy to commit money laundering transactions.
A related conspirator, Robert Justin Schroeder, 36, also from the Chicago, Illinois area, pled guilty under seal in May 2016 to one count of conspiracy to distribute and possess with the intent to distribute controlled substance analogues, and one count of conspiracy to launder money. Schroeder’s guilty plea was unsealed recently in Federal Court in Harrisonburg. Schroeder has admitted that the synthetic drugs would arrive from China packaged in a variety of ways to avoid detection, including smuggled inside of cosmetic fingernail dryers, children’s toys and stuffed animals. Schroeder also admitted that one of his sub-distributors was located in the Harrisonburg-area, and that this individual obtained controlled substance analogues from Schroeder and redistributed them to customers throughout the Harrisonburg-area in the Western District of Virginia. According to Schroeder, this conspiracy was a major wholesale supplier of synthetic drugs to distributors who were shut down during Operation Log Jam, the DEA’s nationwide federal roundup of synthetic drug distributors in 2012. Schroeder admitted that the conspiracy earned over 1 million dollars selling the synthetic drugs.
Those charged in the recently unsealed superseding indictment are as follows:
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Jason Bradley, 38, of Chicago, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Deborah Ryba, 37, of Chicago, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Ryan Buchanan, 33, of Downers Grove, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Brian Lister, 29, of Buffalo Grove, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and one count of money laundering conspiracy.
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Nicholas Purintun, 30, of Downers Grover, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and one count of money laundering conspiracy.
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Nanya Taylor, 55, of Charlotte, North Carolina: one count of drug trafficking conspiracy.
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Edward Taylor, 66, of Charlotte, North Carolina: one count of drug trafficking conspiracy.
The investigation of the case was conducted by the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), United States Postal Inspection Service (USPIS), Virginia State Police, Michigan State Police, and the Burlington Police Department in North Carolina. Assistant United States Attorney Grayson A. Hoffman will prosecute the case for the United States.
A Grand Jury Indictment 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.
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Coal Truck Owner Sentenced to 3-Months’ Home Detention, Owner and Company Pay over $375,000 in Fines, Restitution, and PenaltiesRead the Press Release
ABINGDON, VIRGINIA – A Big Stone Gap coal trucking company and its owner, who previously pled guilty to violating the Federal Mine Safety and Health Act by providing advance notice of safety inspections, were sentenced yesterday in Federal Court, United States Attorney John P. Fishwick Jr. announced.
Hillis Bresee and Bresee Trucking, violated the Federal Mine Safety and Health Act, in approximately February 2012, by giving advance notice of safety inspections and failing to ensure adequate inspections of coal haul tractor-trailers, including braking systems. Hillis Bresee, 63, of Pennington Gap, Va. was sentenced to three years’ probation, which includes a three-month period of home detention with electronic monitoring. Bresse Trucking was sentenced to three years’ probation. In addition, Hillis Bresee and Bresee Trucking must pay $300,000 in civil penalties, a total of $70,000 in restitution to two former employees of the company, and fines of $5,000. The payments must be completed within one year.
“Mining companies and their owners and operators must know that providing advance warning of the presence of safety inspectors who visit mining operations will not be tolerated,” United States Attorney Fishwick said today. “This case also demonstrates the need for mining companies to maintain adequate safety inspection records, maintain safety systems on equipment, and comply fully with the Federal Mine Safety and Health Act. The employees who work in this industry deserve no less.”
The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration. Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney Kevin Jayne prosecuted the criminal case for the United States. The civil proceedings were handled by J. Matthew McCracken of the United States Department of Labor, Office of the Solicitor.
Bassett Man Sentenced on Robbery ChargeRead the Press Release
DANVILLE, VIRGINIA – A Bassett, Virginia man, who committed armed robbery during an intended drug deal, was sentenced today in federal court, United States Attorney John P. Fishwick Jr. announced.
Christopher L. Bowers, 23, of Bassett, Virginia, previously pled guilty in the United States District Court for the Western District of Virginia in Danville to one count of robbery, as a principal and aider and abettor. Today in District Court, Bowers was sentenced to 24 months in federal prison and three years of supervised release thereafter.
“This situation could have ended in much more tragic circumstances,” United States Attorney Fishwick said today. “So often, the mixture of drugs and guns has deadly consequences. We will continue to work with our partners in law enforcement to slow the tide of violence and drug trafficking in our communities.”
According to evidence presented at previous hearings, in the early morning hours of December 10-11 2014, Bowers and an associate, Christopher Strokes, went to a home in Henry County for the purpose of obtaining pills. When Stokes and Bowers arrived, Bowers was armed with a pistol. A disagreement arose over the price of the drugs. At that time, Bowers brandished a firearm and struck one of the victims. Stokes, who was not initially armed, seized a Smith and Wesson .40 caliber pistol belonging to one of the home’s residents, confronted a second victim, demanded money, and then fired the pistol into the wall. Bowers and Stokes then fled with stolen pills, the Smith & Wesson pistol, and approximately $400 in cash.
The investigation of the case was conducted by Department of Homeland Security. Assistant United States Attorney Anthony P. Giorno and Special Assistant United States Attorney Kari K. Munro prosecuted the case for the United States.
West Virginia Man Pleads Guilty to Mailing Threating Letters to the Former United States Attorney for the Southern District of West Virginia and Mayor of BluefieldRead the Press Release
ABINGDON, VIRGINIA – A West Virginia, man pled guilty today to federal charges after admitting to sending letters threatening to murder the former United States Attorney for the Southern District of West Virginia and kill the mayor of Bluefield, West Virginia, announced United States Attorney John P. Fishwick Jr.
Kenneth Robert Godsey, 35, of Bluefield, West Virginia, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to two counts of mailing a threatening communication. Pending approval by the District Court, the parties have agreed to a stipulated sentence of between 5 to 10 years’ federal imprisonment.
“Making threats to the safety of others, including public officials and those in law enforcement, is a serious matter that will be treated as such,” United States Attorney Fishwick said today. “Those who threaten the lives of others will be held accountable for their actions, as was the case here.”
According to evidence presented in District Court by Special Assistant U.S. Attorney Kevin Jayne, in May 2015, Mr. Godsey sent a threatening letter from the Southwest Valley Regional Jail in Tazewell, Virginia to Booth Goodwin at his office in Charleston, West Virginia. At the time, Mr. Goodwin was the United States Attorney for the Southern District of West Virginia, the chief federal law enforcement officer for that district. Mr. Goodwin received Mr. Godsey’s letter, which included numerous murder and sexual references. In July 2015, Mr. Godsey sent a threatening letter from the Southwest Valley Regional Jail in Tazewell, Virginia to the Mayor of Bluefield, West Virginia, Thomas Cole. Mr. Cole received Mr. Godsey’s letter, which stated Mr. Godsey would have others “kill” citizens of Bluefield and Mr. Godsey would personally “kill” Mr. Cole in a violent way. In both instances, local and federal law enforcement responded to Mr. Godsey’s threatening letters.
The investigation of the case was conducted by the Federal Bureau of Investigation; United States Postal Inspection Service; Tazewell County, Virginia Sheriff’s Office; and Bluefield, West Virginia Police Department. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Scottsville Man Sentenced on Federal Drug ChargeRead the Press Release
LYNCHBURG, VIRGINIA – A Scottsville man, who previously pled guilty to a federal drug trafficking charge, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, United States Attorney John P. Fishwick Jr. announced.
Jermaine Ayers, 35, of Scottsville, Virginia, previously pled guilty to one count of possessing with the intent to distribute and distributing crack cocaine. Today in District Court he was sentenced to 71 months in federal prison.
“Thwarting the sale of illegal drugs in our communities will continue to be a priority of the United States Attorney’s Office,” United States Attorney Fishwick said today. “Keeping our communities free from abusive drugs is paramount to improving community safety.”
The investigation of the case was conducted by the Drug Enforcement Administration. Assistant United States Attorney Christopher Kavanaugh prosecuted the case for the United States.
North Carolina Man Pleads Guilty to Check Fraud SchemeRead the Press Release
LYNCHBURG, VIRGINIA – A North Carolina man, who conspired with others to make money by cashing checks that had been stolen or altered, pled guilty yesterday to federal conspiracy and aggravated identity theft charges, United States Attorney John P. Fishwick Jr. announced.
Mario LaShawn Clinton, 39, of Mount Holly, North Carolina, pled guilty Wednesday afternoon in the United States District Court for the Western District of Virginia in Lynchburg to one count of conspiracy to commit bank fraud and related offenses against the United States and two counts of aggravated identity theft.
“Mr. Clinton, and those he conspired with, used a variety of tools and techniques to alter checks and steal money from unsuspecting individuals and businesses,” United States Attorney Fishwick said today. “We will continue to be vigilant in holding accountable those who commit frauds against our banking system, individuals and the United States.”
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Laura Day Rottenborn and Special Assistant United States Attorney Kari Munro, Clinton, and others he conspired with, agreed to help each other make money by cashing checks that were stolen and altered. Typically, members of the conspiracy, including Clinton, stole checks from the mail in and around business locations, including corporate office parks and other business districts.
Clinton, and other members of the conspiracy, altered the stolen checks, or caused them to be altered, to reflect a new payee name, and in some instances, an increased amount. Members of the conspiracy used razor blades, erasers, typewriters and other tools to alter the checks. Clinton purchased and disposed of typewriters frequently in order to dispose of key evidence of his crimes.
In addition, Clinton and other members of the conspiracy recruited individuals to cash the fraudulent checks at issuing banks. Typically the conspiracy used women for this role, however men were used as check cashers on occasion. The conspiracy primarily took place in the Western District of Virginia and Western District of North Carolina, however, members of the conspiracy did make check cashing trips to locations as far away as Pennsylvania, Missouri and Tennessee.
The investigation of the case was conducted by the United States Postal Inspection Service, the Franklin County Sheriff’s Office the Bedford County Sheriff’s Office and the Mount Holly, North Carolina Police Department. Assistant United States Attorney Laura Day Rottenborn and Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
Former Chief Financial Officer at BVU Sentenced on Federal Fraud ChargesRead the Press Release
ABINGDON, VIRGINIA – The former chief financial officer for the Bristol Virginia Utilities Authority, who was convicted in February 2016 on a variety of fraud charges as part of the federal government’s wide-ranging investigation into the agency’s corruption, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Stacey Pomrenke, 44, of Abingdon, Virginia, was convicted in February 2016 following a jury trial of 14 counts, including one count of conspiracy to defraud the United States, two counts of making false statements, one count of conspiracy to commit fraud, one count of attempting to commit wire fraud and five counts of wire fraud. Earlier this week, Pomrenke was also found guilty of contempt of court. Today in District Court, Pomrenke was sentenced to 34 months in federal prison and three years of supervised release. In addition, Pomrenke was ordered to pay $15,116 in restitution, $34,546 in money judgment forfeiture, a $10,000 fine and a special assessment of $1,400.
“The level of corruption this investigation uncovered has been simply astounding,” United States Attorney Fishwick said today. “We are proud of the work our partners in law enforcement have done in rebuilding the public’s trust in this entity and hope today’s sentence shows that when those in positions of public trust attempt to profit from corruption they will pay with their freedom.”
“What stronger statement could we make to taxpayers about the FBI's commitment to rooting out public corruption than to charge and convict so many individuals involved in the elaborate Bristol Virginia Utilities schemes? As we’ve said before public corruption is the FBI’s top criminal investigative priority and we are committed to seeking out and holding accountable those who manipulate the system for personal gain. We continue to encourage citizens to report unethical and illegal activity to law enforcement,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division.
"By engaging in corrupt behavior and abusing her position, Pomrenke was able to line her pockets for personal gain,” said Thomas Jankowski, Special Agent in Charge, IRS Criminal Investigation, Washington D.C. Field Office. “Today's sentencing stands as an example that IRS-CI, along with the United States Attorney and our law enforcement partners, will continue to investigate and prosecute crimes involving fraud and in particular fraud that erodes the public’s confidence.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee and Special Assistant United States Attorney Kevin Jayne, Pomrenke, who was the Chief Financial Officer at BVU, used her position with the utility to obtain things of value from vendors who were engaged in business relationships with BVU. Those things of value included tickets to baseball and football games, alcohol and the funding of official BVU company functions. Pomrenke also falsely reported wages and other financial benefits of BVU employees to the Internal Revenue Service.
The investigation of the case, which remains ongoing, is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Zachary Lee and Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Roanoke Man Sentneced on Federal Gun ChargeRead the Press Release
LYNCHBURG, VIRGINIA – A Roanoke man, who came to be in possession of firearms stolen from a local home last summer, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, United States Attorney John P. Fishwick Jr. announced.
Brian Collins, 43, of Roanoke, Virginia, previously pled guilty to one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court he was sentenced to 180 months in federal prison.
“We must continue to do all we can to keep guns out of the hands of prohibited users,” United States Attorney Fishwick said today. “I firmly believe that keeping illegal guns off our streets is an important step in keeping our communities safe and we continue to work every day toward that goal.”
According to evidence presented at previous hearings by Assistant United States Attorney Charlene R. Day, on August 24, 2015 a home in Vinton, Virginia was burglarized and at least six firearms were stolen. Following a thorough investigation by the Bedford County Sheriff’s Office, the Virginia State Police, the Rockbridge County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives, it was determined that Collins, who was not involved in the burglary, was in possession of some of the firearms taken during the burglary.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bedford County Sheriff’s Office, the Rockbridge County Sheriff’s Office and the Virginia State Police. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.
Mexican Citizen Pleads Guilty to Illegal ReentryRead the Press Release
ROANOKE, VIRGINIA – A citizen of Mexico, who has been removed from the United States multiple times in recent years, pled guilty today in the United States District Court for the Western District of Virginia in Roanoke to Federal immigration charges, United States Attorney John P. Fishwick Jr. announced.
Martin Alvarez-Torres, 38, of Mexico, pled guilty today to one count of illegally reentering the United States after being previously deported without having obtained the express consent of the Attorney General of the United States and the Secretary of the Department of Homeland Security to apply for admission into the United States.
“The United States is a country that welcomes immigrants from all corners of the world but those who come here must do so within the letter of our immigration laws,” United States Attorney Fishwick said today.
According to evidence presented at previous hearings by Assistant United States Attorney C. Patrick Hogeboom III, Alvarez-Torres has been removed from the United States multiple times, most recently on April 17, 2014. The defendant was indicted in 2014 and remained at-large until his arrest in Roanoke, Virginia in June 2016.
The investigation of the case was conducted by the Department of Homeland Security, Immigration and Customs Enforcement. Assistant United States Attorney C. Patrick Hogeboom III prosecuted the case for the United States.
Former Town Manager Sentenced on Bank Fraud ChargeRead the Press Release
ABINGDON, VIRGINIA – The former town manager of the Town of Coeburn, who previously admitted to fraudulently applying for and receiving credit in the town’s name and using the Town’s credit for personal expenses, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, announced United States Attorney John P. Fishwick Jr.
Loretta Ilene Mullins Mays, 49, of Coeburn, Virginia, previously pled guilty to one count of bank fraud. Today in District Court, the Hon. James P. Jones sentenced Mays to imprisonment for a term of one year and one day. In addition, the Court ordered Mullins to make restitution to the Town of Coeburn in the amount of $20,313.
“When public officials abuse the power placed in them by the citizens they serve for their own financial gain they must be held accountable,” United States Attorney Fishwick said today. “This United States Attorney’s Office will continue to prosecute instances of public corruption and ensure the integrity of those holding public offices.”
Mays was the Town Manager for the Town of Coeburn, Virginia from March 27, 2006 to February 14, 2013. While Town Manager, Mays applied for and received credit cards in the name of the Town of Coeburn and then used the credit cards for personal expenses. She also used the legitimate Town of Coeburn credit card and lines of credit, to fraudulently obtain personal goods and services.
The investigation of the case was conducted by the Virginia State Police and the Federal Bureau of Investigation with assistance provided by the Dickenson County Commonwealth’s Attorney’s Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Defendants Who Conspired with Others to Traffic in Analogue Substance SentencedRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced an additional two sentencings today in the ongoing prosecution of a 22-member conspiracy that brought a controlled substance analogue to Southwest Virginia from as far away as China.
Brian Junior Ramey, 24, previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 50 grams of alpha-PVP, a controlled substance analogue. Today in District Court, Ramey was sentenced to 15 months in federal prison.
In a separate hearing, Lakyn Jade Wells, 28, who previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 10 kilograms of alpha-PVP, was sentenced to 60 months in federal prison.
“This prosecution has put an end to a trafficking operation that was bringing large amounts of these dangerous substances into Southwest Virginia,” United States Attorney Fishwick said today. “The sentences receives by these defendants should serve as an example that the Department of Justice takes the trafficking of these analogue substances just as seriously as other illegally drugs and will be treated as such.”
According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, Ramey, and others members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.
Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Man Who Conspired to Traffic Ice Methamphetamine into SW Virginia Pleads GuiltyRead the Press Release
ABINGDON, VIRGINIA – A man who conspired with others to traffic methamphetamine into Southwest Virginia pled guilty yesterday in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Randy Doss, 51, a.k.a. “Monk” pled guilty yesterday in District Court to one count of conspiring to possess with the intent to distribute ice methamphetamine.
“We continue to see a distributing trend upward in the amount of methamphetamine being brought into Virginia. This is a trend we in the law enforcement community are working every day to put an end to,” United States Attorney Fishwick said today. “This more pure form of ‘ice’ methamphetamine is particularly addictive and dangerous and has the ability to destroy the lives of those who become addicted. We will continue to take this threat seriously, both in our enforcement efforts and support for prevention and treatment programs.”
At yesterday’s hearing, Special Assistant United States Attorney Kevin Jayne stated that Doss, and others, sold “ice” methamphetamine to members of the Warren-drug trafficking organization (“DTO”), who were also prosecuted in the Western District of Virginia. “Ice” is a particularly pure form of methamphetamine, also often referred to as “crystal” methamphetamine. Members of the Warren-DTO traveled from the Western District of Virginia to the Chattanooga, Tennessee-area to purchase methamphetamine from Doss and others. In turn, these members of the Warren-DTO would further distribute the methamphetamine to others in the Western District of Virginia.
The investigation of the case was conducted by the Washington County Sheriff’s Office, Russell County Sheriff’s Office, Tazewell County Sheriff’s Office, Smyth County Sheriff’s Office, Abingdon Police Department, Virginia State Police, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Drug Enforcement Administration. Special Assistant United States Attorney Kevin Jayne is prosecuting the case for the United States.
North Carolina Man Sentenced on Methamphetamine ChargeRead the Press Release
ROANOKE, VIRGINIA – A North Carolina man, who previously pled guilty to federal drug conspiracy charges, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
Bradley Scott Kennedy, 38, of Jonesville, North Carolina, previously pled guilty to one count of conspiring to distribute methamphetamine. Today in District Court, Kennedy was sentenced to 90 months in prison.
“Investigating and prosecuting cases involving methamphetamine trafficking takes the work of multi-agency coalitions working together, on the local, state and federal levels,” United States Attorney Fishwick said today. “While there is still work to be done in the fight against methamphetamine abuse, we are proud to partner with our partners in law enforcement to continue to bring strong cases, like this one, against those who traffic in this deadly substance.”
The investigation of the case was conducted the Virginia State Police, the Wythe County Sheriff’s Office, the Grayson County Sheriff’s Office, the Galax Police Department, the Carroll County Sherriff’s Office, the Pulaski County Sheriff’s Office and the Drug Enforcement Administration. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.
Mount Jackson Man Sentenced on Cocaine ChargeRead the Press Release
HARRISONBURG, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Mount Jackson man on a federal cocaine charge.
Victor Enrique Velez-Sellas, 31, of Mount Jackson, Va., who previously pled guilty to one count of conspiring to distribute 500 grams or more of cocaine, was sentenced last week in the United States District court for the Western District of Virginia in Harrisonburg to 66 months in federal prison.
“It is a priority of the United States Attorney’s Office to prosecute those individuals who distribute illegal drugs in our communities,” United States Attorney John P. Fishwick Jr. said today. “Keeping our neighborhoods safe from drug traffickers, while also providing those struggling with addiction the support they need is a priority for Department of Justice.”
According to evidence presented at previous hearings by Assistant United States Attorney Jeb Terrien, between 2013 and February 2015 Velez-Sellas participated in a conspiracy to distribute cocaine and traffic in firearms. The defendant often obtained drugs from sources in Puerto Rico, North Carolina and West Virginia. He then sold the drugs, or provided them on consignment, to other drug dealers located in and around Winchester, Virginia. Additionally, the defendant is known to have sold two additional firearms.
Velez-Sellas was arrested on February 18, 2015 by law enforcement officers on Interstate 81 in Frederick County, Virginia while the defendant was in the process of traveling to make a sale of cocaine. At the time of his arrest, the defendant was in possession of a digital scale, a Ruger P89 9mm pistol and 568.2 grams of cocaine.
The investigation of the case was conducted by the Drug Enforcement Administration and the Northwest Virginia Regional Drug and Gang Task Force. Assistant United States Attorney Jeb Terrien prosecuted for the case for the United States.
Pair Sentenced for Roles in Conspiracy to Distribute CocaineRead the Press Release
DANVILLE, VIRGINIA – A pair of men who previously pled guilty to conspiring to distribute more than 500 grams of cocaine and possess firearms while doing so, were sentenced yesterday in the United States District Court for the Western District of Virginia in Danville, United States Attorney John P. Fishwick Jr. announced.
Osman Roverto Castellanos, 33, previously pled guilty to one count of conspiracy to possess with the intent to distribute and distribute more than 500 grams of cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime. Yesterday in District Court, he was sentenced to 120 months in federal prison.
In a separate hearing yesterday, Virginio Aguirre Jimenez, who previously pled guilty to one count of conspiracy to possess with the intent to distribute and distribute more than 500 grams of cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime, was sentenced to 120 months in federal prison.
“We remain committed to prosecuting those who traffic large quantities of illegal drugs into our communities,” United States Attorney Fishwick said today. “I am thankful to our partners in law enforcement for continuing work with us to make our neighborhoods safer.”
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Danville Police Department. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.
Collinsville Man Sentenced on Drug, Gun ChargesRead the Press Release
DANVILLE, VIRGINIA – A Collinsville man, who previously pled guilty to federal drug and gun charges, was sentenced yesterday in the United States District Court for the Western District of Virginia in Danville, United States Attorney John P. Fishwick announced.
Gordon Lawrence Penn, 62, of Collinsville, Va., previously pled guilty to one count of possession with the intent to distribute cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime. Yesterday in District Court, Penn was sentenced to 61 months in federal prison.
“We remain committed to ridding our communities of illegal drugs and guns,” United States Attorney Fishwick said today. “This sentence reflects how seriously we take these crimes and should serve as an example to others partaking in similar criminal activity.”
The investigation of the case was conducted by the Martinsville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Madison Heights Man Pleads Guilty to Failing to Report to Federal PrisonRead the Press Release
LYNCHBURG, VIRGINIA – A Madison Heights man who failed to report for his previously ordered 72 month federal prison sentence based on a drug conviction in 2015, pled guilty today to a new federal charge and was sentenced to additional prison time, United States Attorney John P. Fishwick Jr. announced.
Bernadino Rodriguez, 26, of Madison Heights, Va., pled guilty today in the United States District Court for the Western District of Virginia in Lynchburg to one count of failure to surrender for service of sentence. Rodriguez was also sentenced today to an additional 21 months of incarceration on the failure to surrender for service charge.
“Individuals who are convicted and sentenced must adhere to the rule of law and surrender for service,” United States Attorney John P. Fishwick said today. “Those defendants who are able to self-report must not take advantage of the system, but when they do, they will be punished.”
Today’s guilty plea is based on the defendant’s April 2015 federal drug case in which he pled guilty to one count of conspiracy to distribute more than 50 grams of methamphetamine. In that case, Rodriguez was sentenced to 72 months in federal prison and ordered to report to FCI Butner. When he failed to report to FCI Butner to begin serving his sentence an arrest warrant was issued. Rodriguez was arrested on April 26, 2016.
The investigation of the case was conducted by the U.S. Marshals Service and the Drug Enforcement Administration. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Two More Defendants Sentenced in Analogue Distribution ConspiracyRead the Press Release
ABINGDON, VIRGINIA – Another two members of a 22-member conspiracy that brought a controlled substance analogue to Southwest Virginia from as far away as China were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Jack Douglas Hamm, 40, of St. Paul, Virginia, who previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 1.9 kilograms of alpha-PVP, a controlled substance analogue was sentenced today in District Court to 110 months in federal prison.
In a separate hearing, Warren Edwards Richards, 53, of Coeburn, Virginia, who previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 10 kilograms of alpha-PVP, was sentenced to 240 months in federal prison.
“This conspiracy imported large amounts of this dangerous analogue for all over this country and other countries,” United States Attorney Fishwick said today. “For those actions, they have been justly held accountable.”
According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, those sentenced today, and others members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.
Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Former Norton Parks and Recreation Maintenance Supervisor Indicted on Federal Civil Rights ViolationsRead the Press Release
ABINGDON, VIRGINIA – The former Parks and Recreation Department Maintenance Supervisor for the City of Norton was indicted today by a federal grand jury for violating the civil rights of two female victims after he allegedly used his authority to engage in, and attempt to engage in, sexual activity with women under his supervision while performing community service hours, United States Attorney John P. Fishwick Jr. announced today.
Michael Todd Lintz, 52, of Norton, Virginia, was indicted today by a Federal Grand Jury sitting in the United States District Court for the Western District of Virginia in Abingdon. Lintz is charged with one misdemeanor count of using his authority to engage in coercive sexual relations with Female Worker 1, willfully depriving her of her right to bodily integrity, one misdemeanor count of using his authority to attempt to engage in coercive sexual relations with Female Worker 2, willfully depriving her of her right to bodily integrity, one felony count of obstruction of justice and one felony count of making a false statement to a federal law enforcement officer.
According to the indictment, from July 2015 through November 2015, Lintz, while acting under color of law, used his authority to engage in coercive sexual relations with Female Worker 1, willfully depriving her of the right, secured and protected by the Constitution and laws of the United States, to bodily integrity.
In addition, the indictment alleges that from August 2015 through November 2015, Linz, while acting under color of law, used his authority to attempt to engage in coercive sexual relations with Female Worker 2, willfully depriving her of the right, secured and protected by the Constitution and laws of the United States, to bodily integrity.
On or about September 16, 2015, the indictment alleges, that Lintz obstructed justice by providing false testimony, under oath, in an effort to secure the release of Female Worker 1 on bond. Lintz knowingly concealed material information from the United States Magistrate Court for the Western District of Virginia, testifying that his only relationship with Female Worker 1 was as her supervisor on community service and testifying that Female Worker 1 had completed all of the community service hours to which she had been assigned. The testimony of Lintz was false because he had, in fact, had sexual contact with Female Worker 1 while supervising her on community service, had personal contact with Female Worker 1 outside of work, and the time card for which Lintz was testifying included hours that Lintz told Female Worker 1 to falsely claim hours in exchange for sexual favors.
The indictment also alleges that on or about February 16, 2016, Lintz knowingly made a false statement to a federal law enforcement officer, specifically an officer with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding his sexual contact with individuals that Lintz supervised on community service. Lintz falsely denied having a sexual relationship with Female Worker 1 in 2015 and falsely represented that he had not engaged in a sexual relationship with anyone during the time he supervised them on community service. The statements were false, because as Lintz then and there knew, he had engaged in sexual relations with Female Worker 1 during the time he supervised her on community service in 2015 and he had also engaged in sexual relations with other female workers during the time he supervised them on community service.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. Assistant United States Attorney Erin M. Kulpa will prosecute the case for the United States.
A Grand Jury Indictment 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. Lintz is scheduled to appear in federal court in Abingdon on these charges on Thursday, July 28, 2016, at 10:00 a.m.
Two Conspirators Sentenced for Roles in Analogue Distribution SchemeRead the Press Release
ABINGDON, VIRGINIA – Another member of a 22-member conspiracy that brought a controlled substance analogue to Southwest Virginia from as far away as China were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Marcy Nichole Branch, 27, of St. Paul, Virginia, previously pled guilty to one count of conspiring to possess with the intent to distribute and distribute seven kilograms of alpha-PVP, a controlled substance analogue. Today in District Court, Branch was sentenced to 235 months in federal prison.
In a separate hearing today in District Court, Teresa Ann Richard, 47, of Coeburn, Virginia, who previously pled guilty to conspiring to possess with the intent to distribute and to distribute 135 grams of alpha-PVP. Today in federal court, Richards was sentenced to 45 months in federal prison.
“These synthetic drugs are highly addictive and extremely dangerous,” United States Attorney Fishwick said today. “We will continue to partner with those in law enforcement to combat the importation and distribution of these volatile substances.”
According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, those sentenced today, and others members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.
Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Cincinnati Man Sentenced for Illegally Importing Drugs into U.S.Read the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of an Ohio man for conspiring to illegally importing prescription drugs into the United States.
Michael Louis, 61, of Cincinnati, Ohio, previously pled guilty to one count of conspiring to illegally import prescription drugs into the United States and to illegally distribute tramadol. Today in the United States District Court for the Western District of Virginia in Abingdon, Louis was sentenced to imprisonment for a term of four months and was ordered to forfeit $2,500.
“We are proud to work with our partners at the Food and Drug Administration to ensure the quality and authenticity of the drugs coming into our country,” United States Attorney John P. Fishwick Jr. said today. “Consumers must be confident that they products they buy are safe and authentic.”
The investigation of the case was conducted by the U.S. Food and Drug Administration’s Office of Criminal Investigations. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Two Members of Methamphetamine Conspiracy that Trafficked Drugs from Arizona to Roanoke Sentenced in Federal CourtRead the Press Release
ROANOKE, VIRGINIA – A pair of conspirators who were part of a group that trafficked methamphetamine from Arizona to Roanoke before distributing it throughout the region were sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced today.
Jose Manuel Morales-Hernandez, 34, of Roanoke, Va., previously pled guilty to one count of conspiracy to distribute more than 500 grams of methamphetamine. Today in District Court he was sentenced to 95 months in federal prison. Joshua Benjamin Sutphin, 33, of Roanoke, Va., previously pled guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine. Today in District Court he was sentenced to 120 months in federal prison.
“Methamphetamine continues to be something law enforcement in Southwest Virginia battles on a daily basis,” United States Attorney Fishwick said today. “We will continue to prosecute those who traffic and distribute this highly addictive and dangerous substance.”
According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, Morales-Hernandez was a higher-level supplier of methamphetamine for a conspiracy that brought multi-pound quantities of the drug from Arizona to Roanoke. Sutphin was supplied with methamphetamine from other members of the conspiracy and, in turn, supplied other members of the conspiracy who resold the drug in user-level quantities within the confines of Southeast Roanoke City.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Virginia State Police. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.