Northern District of West Virginia

ELKINS, WEST VIRGINIA – Eulogio Rodriguez-Fernandez, 58, of Martinsburg, West Virginia, and Santos Macedoni Barragan, 31, of Moorefield, West Virginia, were convicted of cocaine trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.

Barragan sold cocaine near an elementary and secondary school in Hardy County, West Virginia. He pled guilty today to one count of “Distribution of Cocaine within 1,000 Feet of a School.” He faces between one and forty years in prison and a fine of up to $2,000,000.

Rodriguez-Fernandez was discovered in possession of cocaine in Hardy County, West Virginia. He pled guilty today to one count of “Possession with Intent to Distribute Cocaine.” He faces up to 20 years in prison and a fine of up to $1,000,000.

Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Stephen Warner prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.

U.S. Magistrate Judge John S. Kaull presided.

MARTINSBURG, WEST VIRGINIA – Six individuals were convicted in federal court this week for their role in a multi-state heroin trafficking operation, United States Attorney William J. Ihlenfeld, II, announced.

The defendants convicted this week participated in a drug trafficking scheme in which heroin was transported across state lines from Baltimore, Maryland into West Virginia. The operation was disrupted in June 2015 by a 163-count federal indictment encompassing 41 defendants.

Shawn Bowers, 27, of Braddock Heights, Maryland, pled guilty to one count of “Conspiracy to Distribute Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. James Francis Hansen, Jr., 48, of Berkeley Springs, West Virginia, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. Darla Kinser, 30, of Martinsburg, pled guilty to one count of “Aiding and Abetting Interstate Travel in Aid of Racketeering.” She faces up to five years in prison and a fine of up to $500,000.

Michelle Lynn Warnick, 33, of Kearneysville, West Virginia, pled guilty to one count of “Use of a Telephone to Facilitate the Distribution of Heroin,” and one count of “Interstate Travel in Aid of Racketeering.” She faces up to four years in prison on the telephone count and up to five years in prison on the interstate travel count. They each face a fine of up to $500,000 on each count.

Steward Eugene Whitehead, Jr., 29, of Inwood, West Virginia, and William Wasson, 38, of Falling Waters, West Virginia, each pled guilty to one count of “Use of a Telephone to Facilitate the Distribution of Heroin,” and one count of “Aiding and Abetting Interstate Travel in Aid of Racketeering.” They each face up to four years in prison on the telephone count and up to five years in prison on the interstate travel count. They each face a fine of up to $500,000 on each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Federal Bureau of Investigation led the inquiry.

U.S. Magistrate Judge Robert W. Trumble presided.

CLARKSBURG, WEST VIRGINIA – A federal grand jury returned a racketeering indictment today against the former director of the West Virginia Division of Highway’s Equipment Division, United States Attorney William J. Ihlenfeld, II, announced.
 
Robert Glen Andrew, II, of Bridgeport, West Virginia, has been charged in a 29-count indictment which alleges violations of the Racketeer Influenced and Corrupt Organizations Act.  Andrew is alleged to have used his position to create a culture of corruption within the Division of Highways, and to have used the Division of Highways as a vehicle to engage in racketeering activity.

Andrew allegedly abused his position of trust in order to use state resources, including employees and equipment, to engage in political activity on state time.  He is also alleged to have engaged in bid-rigging by creating non-competitive bid specifications that favored particular vendors and that did not seek to obtain the best value for the State of West Virginia.  Andrew is also alleged to have violated, and to have directed others to violate, the statutes and regulations which govern the use and disposition of federal excess property.  Andrew is also accused of having tampered with a witness and with documents.

Ohio corporation Mo-Trim, Inc., a business engaged in the building of large commercial mowers, was named in the indictment along with Andrew.  Mo-Trim is a vendor which held a mower parts contract with the Division of Highways and which is alleged to have been involved in the preparation of non-competitive bid specifications which did not seek to obtain the best value for the State of West Virginia but instead specifically benefitted Mo-Trim.

Both Andrew and Mo-Trim, Inc. are charged with seven counts of “Wire Fraud,” and one count of “Racketeer Influenced and Corrupt Organizations Act Conspiracy.”  Andrew, age 77, is further charged with eight counts of “Mail Fraud,” seven counts of “Causing Theft of Government Property,” four counts of “Wire Fraud,” one count of “Document Tampering,” and one count of “Witness Tampering."
 
Assistant U.S. Attorneys Jarod Douglas and Sarah Montoro, along with Special Assistant U.S. Attorney John Parr, are prosecuting the case on behalf of the government. The West Virginia State Police, the West Virginia Commission on Special Investigations, the General Services Administration Office of Inspector General, the Federal Bureau of Investigation, and the Internal Revenue Service – Criminal Investigation conducted the inquiry.
 
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

CLARKSBURG, WEST VIRGINIA – Five individuals have been convicted and sentenced in federal court for unlawful steroid distribution, United States Attorney William J. Ihlenfeld, II, announced.

Carl R. Benedict, 50, Anthony F. DiDomenico, III, 29, both of Morgantown, West Virginia, Richard J. Pinelli, Jr., 28, of Mifflintown, Pennsylvania, Joseph B. Greco, 27, of New Castle, Pennsylvania, and Derek S. Starn, 34, of Bridgeport, West Virginia, each pled guilty to a criminal Information charging them with one count of “Possession of a Schedule III Controlled Substance – Testosterone.” They were each sentenced to probation for a period of six months.

Special Assistant U.S. Attorney John Parr prosecuted the case on behalf of the government. The United States Postal Service, the Food and Drug Administration, the Mon Metro Drug and Violent Crime Task Force, and the U.S. Drug Enforcement Administration investigated.

U.S. Magistrate Judge John S. Kaull presided.

CLARKSBURG, WEST VIRGINIA – A federal grand jury returned an indictment today charging Joshua Hood, 33, of Clarksburg, with production and distribution of child pornography, United States Attorney William J. Ihlenfeld, II, announced.

In August 2015, Hood allegedly produced and distributed images depicting a minor engaged in explicit conduct. Hood is charged with one count of “Distribution of Child Pornography” for which he faces between five and twenty years in prison and a fine of up to $250,000. He is further charged with one count of “Production of Child Pornography by a Guardian” for which he faces between 15 and 30 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Zelda Wesley is prosecuting the case on behalf of the government. The Federal Bureau of Investigation is leading the inquiry.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

CLARKSBURG, WEST VIRGINIA – Juwan Robert Woods, 32, of Philadelphia, Pennsylvania, was sentenced to 87 months in prison for his leadership role in a multi-state heroin and oxycodone trafficking operation, United States Attorney William J. Ihlenfeld, II, announced.

Woods was among 21 individuals charged in a 65-count federal indictment in November 2014. The indictment disrupted an extensive drug trafficking operation in which heroin and oxycodone were transported across state lines from Philadelphia, Pennsylvania to Morgantown, West Virginia for redistribution and sale throughout the region.

Woods pled guilty in April 2015 to a criminal Information charging him with one count of “Aiding and Abetting the Distribution of Oxycodone within 1000’ of Protected Location.” Specifically, Woods admitted that he distributed oxycodone near Wiles Hill playground in Monongalia County, West Virginia in May 2014.

Another participant in the trafficking operation, Terri Shuttlesworth, 25, of Fairmont, West Virginia was sentenced to 10 months in prison for selling oxycodone in Monongalia County in late 2013 and early 2014. He pled guilty in February 2015 to one count of “Distribution of Oxycodone.”

Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The West Virginia State Police Bureau of Criminal Investigation, the Federal Bureau of Investigation, and the Mon Valley Drug and Violent Crime Task Force investigated.

U.S. District Judge Irene M. Keeley presided.

MARTINSBURG, WEST VIRGINIA – Seven individuals were convicted in federal court this week for their role in a multi-state heroin trafficking operation, United States Attorney William J. Ihlenfeld, II, announced.

The defendants convicted this week participated in a drug trafficking scheme in which heroin was transported across state lines from Baltimore, Maryland into West Virginia. The operation was disrupted in June 2015 by a 163-count federal indictment encompassing 41 defendants.

Bonnie Hanna, 34, of Martinsburg, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin.” She faces up to 20 years in prison and a fine of up to $1,000,000.

James Ross, 32, of Martinsburg, pled guilty to one count of “Aiding and Abetting Attempted Possession with Intent to Distribute Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000.

Harmony Hahn, 32, of Martinsburg, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin,” for which she faces up to 20 years in prison and a fine of up to $1,000,000.  She also pled guilty to one count of “Aiding and Abetting Interstate Travel in aid of Racketeering,” for which she faces up to five years in prison and a fine of up to $250,000.

Javier Howard, 32, and Cassandra Riggs, 26, both of Martinsburg, each pled guilty to one count of “Use of a Telephone to Facilitate the Distribution of Heroin,” and one count of “Aiding and Abetting Interstate Travel in aid of Racketeering.” They each face up to four years in prison for the telephone charge and five years in prison for the racketeering charge. They each also face a fine of up to $250,000 on each count.

Jessica Kesecker, 33, of Berkeley Springs, West Virginia, and Teddy Edward Threadgill, 46, of Harpers Ferry, West Virginia each pled guilty to one count of “Interstate Travel in aid of Racketeering.” They each face up to five years in prison and fine of up to $250,000.

Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Federal Bureau of Investigation led the inquiry.

U.S. Magistrate Judge Robert W. Trumble presided.

CLARKSBURG, WEST VIRGINIA – Loren Delaney, 24, of Morgantown, West Virginia, was sentenced today to 46 months in prison for her role in a multi-state heroin and oxycodone trafficking operation, United States Attorney William J. Ihlenfeld, II, announced.

Delaney was among 21 individuals charged in a 65-count federal indictment in November 2014. The indictment disrupted an extensive drug trafficking operation in which heroin and oxycodone were transported across state lines from Philadelphia, Pennsylvania to Morgantown, West Virginia for redistribution and sale throughout the region.

Delaney, also known as “Lo,” sold oxycodone in Monongalia County, West Virginia. She pled guilty in March 2015 to one count of “Aiding and Abetting Distribution of Oxycodone.”

The leader of the drug trafficking operation, Juwan Robert Woods, 32, of Philadelphia, Pennsylvania, pled guilty in April 2015 to a criminal Information charging him with one count of “Aiding and Abetting the Distribution of Oxycodone within 1000’ of Protected Location.” Specifically, Woods admitted that he distributed oxycodone near Wiles Hill playground in Monongalia County, West Virginia in May 2014. He is currently scheduled to be sentenced on August 28, 2015.

Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The West Virginia State Police Bureau of Criminal Investigation, the Federal Bureau of Investigation, and the Mon Valley Drug and Violent Crime Task Force investigated.

U.S. District Judge Irene M. Keeley presided.

WHEELING, WEST VIRGINIA – United States Attorney William Ihlenfeld, II, joined federal law enforcement leaders this week at a summit in Michigan to finalize plans for an initiative designed to enhance interstate collaboration in order to slow the southward flow of drugs from Detroit to the Appalachian Region.

Federal agents and prosecutors, led by Barbara L. McQuade, United States Attorney for the Eastern District of Michigan, met on Wednesday to develop a strategic initiative designed to disrupt the flow of heroin and opioids from the Detroit region to West Virginia, Ohio, Pennsylvania, Kentucky and Tennessee.  Under the initiative, law enforcement and prosecutors across the region will identify key transportation routes and concentrate resources to target the criminal organizations that use those routes, sometimes referred to as the “Southern Pipeline.” The goal of the initiative is to dismantle drug trafficking organizations by enhancing coordination, data gathering, targeting and information sharing.

“We need to take more of a data-driven approach to the investigating heroin and painkiller trafficking in West Virginia and elsewhere,” said U.S. Attorney Ihlenfeld.  “The demand for illegal drugs does not stop at arbitrary borders between jurisdictions. As long as drug dealers can profit from this demand, they will continue to find creative ways to transport drugs cross state lines using intricate distribution networks.  Collaboration among law enforcement agencies across the Midwest will allow us to more clearly understand and quickly respond to drug trafficking patterns.”

United States Attorneys from Michigan, Kentucky, Ohio, Pennsylvania, Tennessee, and West Virginia participated in the summit. The meeting was also attended by Directors of the Ohio, Appalachia, and Michigan High Intensity Drug Trafficking Areas, as well as Special Agents in Charge from the Drug Enforcement Administration, the Federal Bureau of Investigation, and Homeland Security Investigations.

ELKINS, WEST VIRGINIA – A federal grand jury returned an indictment today charging Johnny Biggs, 36, of Moorefield, West Virginia, with methamphetamine trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Biggs allegedly attempted to manufacture methamphetamine in May 2015 in Hardy County, West Virginia. In May and June 2015, Biggs was discovered in Hardy and Pendleton Counties in possession of materials commonly used to manufacture methamphetamine. These materials included bottles, jars, coffee filters, drain cleaner, lithium batteries, cold medicine, acid, a cold pack, and a hot plate. Following an investigation by the West Virginia State Police, Biggs is charged with: • One count of “Attempted Manufacture of Methamphetamine,” for which he faces up to 20 years in prison and a fine of up to $1,000,000, and
• Two counts of “Possession of Material used in the Manufacture of Methamphetamine.” He faces up to 10 years in prison and a fine of up to $250,000 on each count.

Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen Warner is prosecuting the case on behalf of the government.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

ELKINS, WEST VIRGINIA – A federal grand jury returned an indictment today charging convicted domestic violence offender Adam Bradford Linch, 35, of Nutter Fort, West Virginia, with unlawful possession of firearms, United States Attorney William J. Ihlenfeld, II, announced.

In August 2005, the Circuit Court of Duval County, Florida issued a domestic violence protective order against Linch. Further, he was convicted of “Domestic Battery” in February 2010 in the Magistrate Court of Harrison County, West Virginia. As a result of these prior offenses, Linch is prohibited from possessing a firearm. He was discovered in March 2015 in Harrison County, West Virginia in possession of a .45 caliber pistol and ammunition.

Linch is charged with: • One count of “Possession of a Firearm by a Person Convicted of a Misdemeanor Crime of Domestic Violence,” and
• One count of “Possession of a Firearm by a Person Subject to a Domestic Violence Protective Order.”

He faces up to 10 years in prison and a fine of up to $250,000 on each of the two counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn Adkins is prosecuting the case on behalf of the government. The Clarksburg, West Virginia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

CLARKSBURG, WEST VIRGINIA – Nevyou Alemu, 21, of Gaithersburg, Maryland, was convicted today of possessing stolen firearms, United States Attorney William J. Ihlenfeld, II, announced.

Alemu conspired with Kristopher Seth Davis, 20, of Silver Spring, Maryland and Adesola Vanzant, 21, of Upper Marlboro, Maryland, to steal firearms. In April 2014, the defendants traveled across state lines from Maryland to New Milton, West Virginia and stole approximately 14 firearms and hundreds of rounds of ammunition from a residence. The defendants then transported the stolen firearms and ammunition back across state lines when they returned from West Virginia to Maryland. Specifically, the defendants were discovered in April 2014 in Doddridge County, West Virginia in possession of a stolen .22 caliber pistol and a 20 gauge shotgun.

Following a 2 day trial, U.S. District Judge Irene M. Keeley found Alemu guilty of one count of “Conspiracy to Possess Stolen Firearms,” and one count of “Aiding and Abetting the Possession of Stolen Firearms.” He faces up to five years in prison and a fine of up to $250,000 on the conspiracy charge and up to ten years in prison and a fine of up to $250,000 on the possession charge.

Davis and Vanzant each previously pled guilty to one count of “Aiding and Abetting Possession of Stolen Firearms.” They each face up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.

WHEELING, WEST VIRGINIA – Raymond James Ripley, Sr., 29, of New Cumberland, West Virginia, was sentenced today to 15 months in prison for heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Ripley conspired with others to possess and sell heroin in Hancock County, West Virginia throughout 2013 and 2014. He pled guilty in June 2015 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin.”

Assistant U.S. Attorney Stephen Vogrin prosecuted the case on behalf of the government. The Hancock, Brooke, Weirton Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

WHEELING, WEST VIRGINIA – Shannon Jerome Hinton, 25, of Cleveland, Ohio, and Gregory Edward Allen, 28, of Bridgeport, Ohio, were sentenced in federal court today for selling heroin and cocaine near playgrounds located in the Northern District of West Virginia, United States Attorney William J. Ihlenfeld, II, announced.

Hinton was sentenced today to 77 months in prison. He sold heroin in August 2014 near Clark Field Playground in Hancock County, West Virginia. He pled guilty in June 2015 to one count of “Aiding and Abetting the Distribution of Heroin within 1,000 Feet of a Protected Location,” following an investigation led by the Hancock, Brooke, Weirton Drug and Violent Crime Task Force, a HIDTA-funded initiative. The Columbiana County, Ohio Drug Task Force and Drug Enforcement Administration Youngstown, Ohio Field Office assisted in the investigation. 

Allen was sentenced today to 41 months in prison. He was discovered in possession of crack cocaine in February 2015 near Bridge Park, a playground located on Wheeling Island in Ohio County, West Virginia. He pled guilty in May 2015 to one count of “Possession with Intent to Distribute Cocaine Base within 1,000 Feet of a Protected Location,” following an investigation by the Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative.

Assistant U.S. Attorney David Perri prosecuted Allen and Assistant U.S. Attorney Stephen Vogrin prosecuted Hinton on behalf of the government.

Senior U.S. District Judge Frederick P. Stamp presided.

WHEELING, WEST VIRGINIA – Samuel Scott Butler, 24, of Saint Marys, West Virginia, was convicted in federal court today for his role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.

Butler was one of six individuals charged in a 19-count federal indictment in June 2015. Baker was discovered in Wetzel County, West Virginia in possession of pseudoephedrine, an ingredient commonly used to manufacture methamphetamine.

Butler pled guilty today to a criminal Information charging him with one count of “Possession of Material Used in the Manufacture of Methamphetamine.” He faces up to four years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn Adkins prosecuted the case on behalf of the government. The West Virginia State Police and the Pleasants Count Sheriff’s Department investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

CLARKSBURG, WEST VIRGINIA – Robert Crenshaw, 62, of McKeesport, Pennsylvania, was sentenced to 46 months in prison for heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Crenshaw distributed heroin in December 2014 near Koupal Towers, a public housing authority facility in Harrison County, West Virginia. He pled guilty in March 2015 to one count of “Distribution of Heroin within 1,000 Feet of a Protected Location.”

Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.

U.S. District Judge Irene M. Keeley presided.

MARTINSBURG, WEST VIRGINIA – Melissa Dawn Portrey, 47, of Harpers Ferry, West Virginia, was convicted of heroin trafficking in federal court, United States Attorney William J. Ihlenfeld, II, announced.

Portrey was involved in an extensive drug trafficking operation in which heroin was transported across state lines from Baltimore, Maryland into West Virginia. The operation was disrupted in June 2015 by a 163-count federal indictment encompassing 41 defendants.

Portrey pled guilty to one count of “Aiding and Abetting Interstate Travel in aid of Racketeering.” She faces up to five years in prison and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Federal Bureau of Investigation led the inquiry.

U.S. Magistrate Judge Robert W. Trumble presided.

WHEELING, WEST VIRGINIA – Tyrell Askerneese, 36, of Wheeling, was convicted in federal court today of heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Askerneese sold heroin in Ohio County, West Virginia in May 2014. He pled guilty today to one count of “Aiding and Abetting the Distribution of Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen Vogrin prosecuted the case on behalf of the government. The Marshall County Drug and Violent Crime Task Force, the Ohio Valley Drug and Violent Crime Task Force, both HIDTA-funded initiatives, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, and the Wheeling Police Department investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

CLARKSBURG, WEST VIRGINIA – Steven S. Bennett, 39, of Buckhannon, West Virginia, was convicted today of manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.

Bennett manufactured methamphetamine in Randolph County, West Virginia in October 2014. He pled guilty today to one count of “Manufacturing Methamphetamine.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Sarah Montoro prosecuted the case on behalf of the government. The Buckhannon Police Department investigated.

U.S. Magistrate Judge John S. Kaull presided.

MARTINSBURG, WEST VIRGINIA – Frederick Smitherman, 36, and Brandon Lee Odell, 32, both of Inwood, West Virginia were convicted of heroin trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.

The defendants were involved in an extensive drug trafficking operation in which heroin was transported across state lines from Baltimore, Maryland into West Virginia. The operation was disrupted in June 2015 by a 163-count federal indictment encompassing 41 defendants.

Odell pled guilty today to one count of “Aiding and Abetting Attempted Possession with Intent to Distribute Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. Smitherman pled guilty today to one count of “Aiding and Abetting Interstate Travel in aid of Racketeering.” He faces up to five years in prison and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The matters were investigated by the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative.

U.S. Magistrate Judge Robert W. Trumble presided.

CLARKSBURG, WEST VIRGINIA – Charles Shawn Shannon, 54, of Belington, West Virginia, was convicted today of marijuana trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Shannon was one of four individuals charged in March 2015 in a 16-count federal indictment with participating in an extensive oxycodone and marijuana trafficking operation. Specifically, Shannon distributed marijuana in Barbour County, West Virginia.

Shannon pled guilty today to one count of “Distribution of Marijuana.” He faces up to five years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Defendants Roy Melvin Isner, 62, and Mark Wesley Lambert, 39, both of Elkins, West Virginia, were each pled guilty to marijuana trafficking charges in April 2015. The fourth defendant, Chad Allen Workman, 37, of Beverly, West Virginia is currently scheduled for trial in September 2015.

Assistant U.S. Attorney Stephen Warner prosecuted the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force led the investigation. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, the Internal Revenue Service – Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives also investigated.

U.S. Magistrate Judge John S. Kaull presided.

CLARKSBURG, WEST VIRGINIA – Vincent Paul Gibson, 29, of Coalton, West Virginia, was convicted today for his role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.

Gibson was discovered in Randolph County, West Virginia, in possession of materials commonly used to manufacture methamphetamine. Those materials included plastic bottles, batteries, rubber tubing, empty packages of medication containing pseudoephedrine, coffee filters, drain cleaner, mason jars, and instant ice compresses.

Gibson pled guilty today to one count of “Possession of Material used in the Manufacture of Methamphetamine.” He faces up to four years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen Warner prosecuted the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.

U.S. Magistrate Judge John S. Kaull presided.

BRIDGEPORT, WEST VIRGINIA – In the continued effort to find creative responses to substance abuse, community leaders announced a program in which free drug testing kits will be distributed to Harrison County, West Virginia residents, United States Attorney William J. Ihlenfeld, II, and Bridgeport Police Chief John Walker announced today.

The drug tests are simple and non-invasive with results available in less than 20 minutes. The test screens for a variety of commonly abused substances including marijuana, opioid painkillers, stimulants, tranquilizers, cocaine, methadone, and PCP.  The kits also contain information on how parents can open a productive dialogue to discuss substance abuse with their children as well as helpful suggestions to locate educational and treatment resources. The kits contain a pre-stamped envelope to voluntarily report test results. However, no personal information is collected or tracked.

“We have to use every avenue available to protect our community from the destruction caused by drug abuse,” said Chief Walker.  “While enforcement plays a huge role in reducing the sale of illegal narcotics, this program gives our youth a reason to say no. It also helps to open up a line of communication between parents and children about the dangers of using drugs.”

The testing kits are provided through a partnership with the Appalachia High Intensity Drug Trafficking Area (HIDTA) program and will be distributed at the following locations:

1. Bridgeport Police Department, 515 West Main Street, Bridgeport, WV 26330
2. Stonewood Police Department, 112 Southern Avenue, Stonewood, WV 26301
3. Clarksburg Police Department, 222 West Main Street, Clarksburg, WV 26301
4. Bridgeport Family Pharmacy, 139 Conference Center Way, Bridgeport, WV 26330
5. Community Pharmacy, 1212 Johnson Ave., Bridgeport, WV 26330
6. Salem Colonial Pharmacy, 120 East Main Street, Salem, WV 26426
7. Village Pharmacy, 36 Railroad St., Lost Creek, WV 26385
8. Byard Mercer Pharmacy, 440 W. Main Street, Clarksburg, WV 26301
9. Town & Country Pharmacy, 100 Cost Avenue, Stonewood, WV 26301
10. Harrison-Clarksburg Health Department, 330 West Main Street, Clarksburg, WV 26301

In addition to distributing the free drug testing kits, several other programs were announced on Tuesday:

• The “Handle with Care” program will be implemented in the region, and as a result a formal system will be put into place to so that school officials will be notified whenever police officers respond to a dangerous or drug-involved situation where a child is present.  School officials will know that a child has been involved in a potentially traumatic situation and that he or she needs to be handled with care.
• The Appalachia HIDTA educational trailer will be coming to Harrison County and other parts of Northern West Virginia in the near future.  The trailer is designed to inform students about substance abuse in an interactive manner.
• A drug prevention competition will take place for the first time in West Virginia and high schools in Harrison County will participate.  This competition will involve students designing educational programming that addresses substance abuse prevention. Students will then present their ideas at a regional competition and one school will be declared the champion.

WHEELING, WEST VIRGINIA – Wheeling businessman Mark C. Busack, 51, was sentenced today to 35 months in prison for defrauding customers of his mortgage brokerage business, United States Attorney William J. Ihlenfeld, II, announced.

Busack pled guilty in December 2014 to a criminal Information charging him with four counts of “Use of an Unauthorized Access Device” and one count of “Filing a False S Corporation Income Tax Return.”  Busack admitted that he made over $400,000 in unauthorized charges to credit and debit accounts of his customers and to underreporting his income in 2012 by more than $300,000.

Under the advisory Federal Sentencing Guidelines, Busack faced a potential sentence of between 33 and 41 months in prison.

The amount of restitution that Busack will have to pay to individual victims and to the Internal Revenue Service will be determined by the court at a hearing scheduled for September 24, 2015.  Any individuals that have not yet reported losses suffered as a result of the fraudulent scheme should contact the United States Attorney’s Office at (304) 234-0100.

United States Attorney Ihlenfeld and Assistant U.S. Attorney Jarod J. Douglas prosecuted the case on behalf of the federal government. The Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation Section, the Ohio County Sheriff’s Department, and the Wheeling Police Department investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

MARTINSBURG, WEST VIRGINIA - Rebuilder Medical Technologies, Inc., a skin care business operating in Jefferson County, West Virginia, was ordered today to pay a fine in the amount of $10,000 and placed on probation for one year after it distributed medical products without the approval of the U.S. Food and Drug Administration, United States Attorney William J. Ihlenfeld, II, announced.

An FDA investigation revealed that Rebuilder was manufacturing and distributing SilverCure Ointment, a product containing colloidal silver for use in treating molluscum, psoriasis, and other skin conditions.  The FDA has not approved drugs containing colloidal silver due to concerns over lack of effectiveness and side effects such discoloration of the skin resulting from an accumulation of silver or silver sulfide. The company’s owners represented to the FDA that the businesses would discontinue the production and sale of products containing colloidal silver. However, the company continued to sell the unauthorized products.   
 
Rebuilder Medical Technologies, Inc. pled guilty in May 2015 to one count of "Introduction into Interstate Commerce of an Unapproved New Drug." David B. Phillips, a Rebuilder executive, executed the plea agreement on behalf of the company.

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government.

Chief U.S. District Judge Gina M. Groh presided.

WHEELING, WEST VIRGINIA – Garland Samuel Butler, 51, of Saint Marys, West Virginia, was convicted for his role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.

Butler, also known as “Sam,” was discovered in Pleasants County, West Virginia, in possession of pseudoephedrine, an ingredient commonly used to manufacture methamphetamine. He pled guilty today to a criminal Information charging him with one count of “Possession of Material used in the Manufacture of Methamphetamine.” He faces up to four years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn Adkins prosecuted the case on behalf of the government. The West Virginia State Police and the Pleasant’s County Sheriff’s Department investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

MARTINSBURG, WEST VIRGINIA – Juan Carlos Chavez-Soto, 34, of Kearneysville, West Virginia, was sentenced today to 70 months in prison for methamphetamine trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Chavez-Soto sold methamphetamine in Jefferson County, West Virginia in April 2014. He pled guilty in May 2015 to one count of “Aiding and Abetting the Distribution of Methamphetamine.”

Assistant U.S. Attorneys Paul Camilletti and Anna Krasinski prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.

Chief U.S. District Judge Gina M. Groh presided.

CLARKSBURG, WEST VIRGINIA – Brittany Thompson, 26, John Robert Morris, 33, both of Fairmont, West Virginia, and Raymond Leonard, 33, of Burton, West Virginia, were sentenced in federal court today for their role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.

Thompson and Leonard manufactured methamphetamine in Marion County, West Virginia in October 2014. They each pled guilty in April 2015 to one count of “Aiding and Abetting the Possession of Material used in the Manufacturing of Methamphetamine.” Thompson was sentenced today to twelve months and one day in prison. Leonard was sentenced today to 77 months in prison.

Morris was discovered in May 2014 in possession of medication containing pseudoephedrine, an ingredient commonly used to manufacture methamphetamine. He pled guilty in April 2015 to one count of “Possession of Pseudoephedrine to be used in the Manufacture of Methamphetamine.”  He was sentenced today to 30 months in prison.

Assistant U.S. Attorney Shawn Morgan prosecuted the cases on behalf of the government. The Three Rivers Drug Task Force investigated.

U.S. District Judge Irene M. Keeley presided.

CLARKSBURG, WEST VIRGINIA – Daniel Frohnhofer, 44, of Morgantown, West Virginia, was convicted today of possession of child pornography, United States Attorney William J. Ihlenfeld, II, announced.

Frohnhofer was previously convicted of “Criminal Sexual Penetration” in 1996 in New Mexico, “Felony Menacing – Real/Simulated Weapon” in 2008 in Colorado, “Failure to Comply with Sex Offender Registration Requirements” in 2008 in Texas, and “False Imprisonment” in 2009 in New Mexico.

Through an investigation by the West Virginia State Police Internet Crimes Against Children Unit, Frohnhofer was discovered in possession of various images of child pornography. He pled guilty today to one count of “Possession of Child Pornography.” He faces up to 20 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government.

U.S. District Judge Irene M. Keeley presided.

MARTINSBURG, WEST VIRGINIA – Larry C. Shelby, 34, and his wife Karen Shelby, 34, of Martinsburg, was convicted today of misleading the U.S. Coast Guard, United States Attorney William J. Ihlenfeld, II, announced.

Larry Shelby, a non-commissioned officer in the U.S. Coast Guard, conspired with his wife, Karen Shelby to fabricate his own death in an effort to desert from the Coast Guard. Larry Shelby abandoned his vehicle, wrote suicide notes, concealed his identity and isolated himself in a remote West Virginia cabin in an effort to falsify his own death.

Karen Shelby represented to authorities that Larry Shelby was missing and that she was unaware his location or whether he was alive. These misrepresentations caused the U.S. Coast Guard to expend in excess of $100,000.00 in a search for Larry Shelby.  In February 2014, Larry Shelby returned from the remote cabin to reside in his Martinsburg residence in secret until June.

Larry Shelby pled guilty today to one count of “Hoax Causing U.S. Coast Guard to Render Unnecessary Aid” and “Conspiracy to Violate Laws.”  He faces up to six years in prison and a fine of up to $250,000. Karen Shelby pled guilty today to one count of “Making a False Statement.” She faces up to five years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government.

The matter was investigated by the Coast Guard Investigative Service. The Coast Guard’s search for Larry Shelby was supported by the Maryland State Police, the National Park Service, the Berkeley County, West Virginia Sheriff’s Office, the Harpers Ferry, West Virginia Police Department, the Martinsburg, West Virginia Police Department, Chesapeake Search & Rescue K-9, and Mid-Atlantic D.O.G.S, Inc.

U.S. Magistrate Judge Robert W. Trumble presided.

CLARKSBURG, WEST VIRGINIA – Parker Breckenridge, 39, an inmate at the Federal Correctional Institution at Gilmer, was convicted and sentenced today for unlawful possession of heroin inside the prison, United States Attorney William J. Ihlenfeld, II, announced.

Breckenridge was discovered in December 2014 in unlawful possession of heroin while incarcerated at FCI Gilmer. He was sentenced today to an additional two months in prison.

Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Special Investigative Services Unit at FCI Gilmer led the inquiry.

U.S. District Judge Irene M. Keeley presided.

WHEELING, WEST VIRGINIA – Kate Lynn Baker, 20, of Friendly, West Virginia, was convicted in federal court for her role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.

Baker was one of six individuals charged in a 19-count federal indictment in June 2015. Baker was discovered in Wetzel County, West Virginia in possession of matches and pseudoephedrine, both commonly used to manufacture methamphetamine.

Baker pled guilty to a criminal Information charging her with one count of “Possession of Materials to be used in the Manufacture of Methamphetamine.” She faces up to four years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn Adkins prosecuted the case on behalf of the government. The West Virginia State Police and the Pleasants Count Sheriff’s Department investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

WHEELING, WEST VIRGINIA – LeDon Gaither, 38, of Cleveland, Ohio, was sentenced today to 121 months in prison for heroin and cocaine trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Gaither participated in a drug trafficking operation in which heroin and cocaine were transported across state lines from Cleveland, Ohio into Northern West Virginia. The drugs were then distributed and sold in Ohio and Marshall Counties in West Virginia.

Gaither pled guilty in May 2015 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Schedule I and Schedule II Controlled Substances.”

Another participant in the drug trafficking operation, Charles Kraft, 33, of Wheeling, was sentenced today to four months in prison. He pled guilty in March 2015 to one count of “Aiding and Abetting the Distribution of Heroin.”

Assistant U.S. Attorney Randy Bernard prosecuted the case on behalf of the government. The Ohio Valley Drug and Violent Crime Task Force and the Marshall County Drug and Violent Crime Task Force, both HIDTA-funded initiatives, investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

MARTINSBURG, WEST VIRGINIA – Timothy William Cook, 30, of Martinsburg, was convicted of heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Cook was discovered in May 2014 in possession of heroin in Berkeley County, West Virginia. He pled guilty to one count of “Possession with Intent to Distribute Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Berkeley County Sheriff’s Office investigated.

Chief U.S. District Judge Gina M. Groh presided.

MARTINSBURG, WEST VIRGINIA – William Thomas Stine, 39, of Martinsburg, was convicted of heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Stine was one of 41 individuals charged in May 2015 in a 163-count federal heroin trafficking indictment. He was discovered in possession of heroin in February 2015.

Stine pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the cases on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.

U.S. Magistrate Judge Robert W. Trumble presided.

CLARKSBURG, WEST VIRGINIA – Cary Dailey, 26, and Lance Demarco Harris, 22, both of Detroit, Michigan, were sentenced in federal court today for prescription painkiller trafficking, United States Attorney William J. Ihlenfeld, II, announced.

An investigation by the Mon Valley Drug and Violent Crime Task Force revealed that Dailey and Harris were involved in the distribution of oxycodone in Monongalia County, West Virginia during the fall of 2014.

Dailey was sentenced today to 41 months in prison. He was discovered in possession of oxycodone in September 2014. He pled guilty in January 2015 to one count of “Aiding and Abetting the Possession with Intent to Distribute Oxycodone.”

Harris was sentenced today to 46 months in prison. He sold oxycodone in September 2014. He pled guilty in January 2015 to one count of “Distribution of Oxycodone.”

Assistant U.S. Attorney Zelda Wesley prosecuted the cases on behalf of the government.

U.S. District Judge Irene M. Keeley presided.

CLARKSBURG, WEST VIRGINIA – Marcus McBride, 25, of Clarksburg, was sentenced today to twelve months and one day in prison for his role in possessing and distributing heroin and marijuana in Harrison County, West Virginia, United States Attorney William J. Ihlenfeld, II, announced.

An investigation by the Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, revealed that McBride utilized his Clarksburg, West Virginia residence to further the unlawful storage, distribution, and use of heroin and marijuana throughout late 2014.

McBride pled guilty in March 2015 to one count of “Maintaining a Drug-Involved Premises – Aiding and Abetting.”

Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government.

U.S. District Judge Irene M. Keeley presided.

WHEELING, WEST VIRGINIA – Timothy J. Jackson, 56, of New Cumberland, West Virginia, was convicted of possessing a stolen firearm, United States Attorney William J. Ihlenfeld, II, announced.

Jackson was discovered in Hancock County, West Virginia in December 2014 in possession of a stolen firearm. He pled guilty to one count of “Possession of a Stolen Firearm.” He faces up to 10 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen Vogrin prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hancock, Brooke, Weirton Drug and Violent Crime Task Force, a HIDTA-funded initiative, led the investigation.

U.S. Magistrate Judge James E. Seibert presided.

MARTINSBURG, WEST VIRGINIA – Kody William Brown, 21, of Inwood, West Virginia, was convicted of making false representations while attempting to purchase a firearm, United States Attorney William J. Ihlenfeld, II, announced.

In February 2015, Brown attempted to purchase a .357 caliber revolver from a licensed firearms dealer in Morgan County, West Virginia. He misled the firearms dealer by indicating that he was purchasing the firearm for himself. In fact, he was purchasing the firearm for another individual who was prohibited from lawfully purchasing the gun.

Brown pled guilty to a criminal Information charging him with one count of “False Statement During Purchas of a Firearm.” He faces up to 10 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.

U.S. Magistrate Judge Robert W. Trumble presided.

WHEELING, WEST VIRGINIA – Robert J. Gongloff, 25, of Weirton, West Virginia, and Matthew A. Amedeo, 69, of Chester, West Virginia, were each convicted today of child pornography offenses in federal court, United States Attorney William J. Ihlenfeld, II, announced.

An investigation by Immigration and Customs Enforcement and the West Virginia State Police revealed that Gongloff produced numerous images and videos depicting nude minors and minors engaged in sexually explicit conduct. Gongloff, originally from Preston County, West Virginia, also misrepresented his name and age on a website known as MeetMe.com, claiming to be 17 years old and using the name “Johnny Williamson,” in order to transmit sexually explicit photographs to minor females. Gongloff pled guilty today to one count of “Production of Child Pornography.” He faces between 15 and 30 years in prison and a fine of up to $250,000.

Amedo utilized an online file sharing website to share and download various images of child pornography in Hancock County, West Virginia throughout 2014. He pled guilty today to one count of “Possession of Child Pornography,” following an investigation by the West Virginia State Police. He faces up to 20 years in prison and a fine of up to $250,000.

Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Stephen Vogrin prosecuted the cases on behalf of the government.

U.S. Magistrate Judge James E. Seibert presided.

MARTINSBURG, WEST VIRGINIA – Chris O’Connor, 37, of Martinsburg, was sentenced today to 12 months in prison for unlawful distribution of explosives, United States Attorney William J. Ihlenfeld, II, announced.

In December 2014, O’Connor sold explosives in Berkeley County, West Virginia without the requisite license. He pled guilty in May 2015 to a criminal Information charging him with one count of “Unlicensed Distribution of Explosive Materials.”

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police investigated.

Chief U.S. District Judge Gina M. Groh presided.

MARTINSBURG, WEST VIRGINIA – Michael Jose Roberts, 62, of Martinsburg, was convicted of heroin trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.

A federal grand jury recently charged Roberts with multiple heroin trafficking offenses following the death of a female victim who used heroin allegedly purchased from Roberts in Berkeley County, West Virginia in May 2014.

Roberts, also known as “Jose,” pled guilty today to a criminal Information charging him with one count of “Aiding and Abetting Distribution of Heroin.” As a result of the plea agreement executed today, Roberts will be sentenced to 84 months in prison.

Assistant U.S. Attorney Jarod Douglas prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office led the investigation.

U.S. Magistrate Judge Robert W. Trumble presided.

MARTINSBURG, WEST VIRGINIA – Sarah Marie Weant, 27, of Kearneysville, West Virginia, was convicted on charges stemming from last month’s 41-person Baltimore-to-West Virginia heroin trafficking indictment, United States Attorney William J. Ihlenfeld, II, announced.

Weant admitted that she utilized a telephone to facilitate the purchase of heroin that she knew would subsequently be distributed throughout Northern West Virginia.

Weant pled guilty to one count of “Use of a Telephone to Facilitate the Distribution of Heroin.” She faces up to four years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The matters were investigated by the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative.

U.S. Magistrate Judge Robert W. Trumble presided.

MARTINSBURG, WEST VIRGINIA – Kimberly Haslacker, 39, of Romney, West Virginia, was sentenced today to 12 months in prison for bank fraud after she admitted to using her position as a bank loan officer to obtain fraudulent loans, United States Attorney William J. Ihlenfeld, II, announced.

Haslacker was formerly employed as a loan officer at The Bank of Romney. She used her position to submit false and fraudulent loan applications in her own name and in the names of friends and relatives. Using this scheme, she obtained nearly $170,000 in unlawful loan proceeds. She pled guilty in May 2015 to a criminal Information charging her with one count of “Bank Fraud.”

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Federal Bureau of Investigation led the inquiry.

Chief U.S. District Judge Gina M. Groh presided.

WHEELING, WEST VIRGINIA – Wheeling Jesuit University will pay the United States the sum of $2,300,000 to settle claims that it misused grant funding awarded by the National Aeronautics and Space Administration, the United States Department of Labor, and the National Science Foundation, United States Attorney William J. Ihlenfeld, II, announced today.
 
The settlement agreement ends an investigation into allegations that the University failed to comply with rules and regulations governing the allocation of costs and expenses associated with several federal grant awards. The University is alleged to have improperly mischaracterized costs, incurred impermissible costs, and misused federal funds and property acquired with federal funds from 2003 to 2010.  The settlement, signed today by Ihlenfeld and previously executed by University officials, resolves False Claim Act violations that the United States was prepared to pursue.  The agreement does not preclude criminal charges against individuals involved in the grant fraud.

“Wheeling Jesuit University applied to the federal government and received many millions of dollars in funding but failed to follow the rules that came with the resources,” said U.S. Attorney Ihlenfeld. “Grantees must use federal money for the purpose for which the grant was given, and for nothing else.  The rules are clear, and they exist to ensure that tax dollars are spent appropriately. Educational institutions, like everyone else, must be held accountable when the rules are broken.  I’m hopeful that this agreement will allow the University to move forward and to continue to be an important and integral part of our community.”                                                                                                                                                                                                                                                                                                                  

The allegations arose as the result of an audit conducted by the National Aeronautics and Space Administration which led to the execution of a federal search warrant at University offices and elsewhere in February of 2012.  The settlement also addresses the ownership of the National Technology Transfer Center building on the University’s campus. The building was constructed in accordance with a federal grant from the National Aeronautics and Space Administration.  Pursuant to the settlement agreement, the University will retain ownership of the building.

The government was represented in the matter by Assistant U.S. Attorney Alan McGonigal.

MARTINSBURG, WEST VIRGINIA – Timothy James Fisher, 48, of Bunker Hill, West Virginia, was sentenced today to 48 months in prison for unlawful possession of firearms, United States Attorney William J. Ihlenfeld, II, announced.

In response to reports that a patient at a local hospital had suffered a gunshot wound, the Berkeley County Sheriff’s Office searched Fisher’s house and discovered nineteen firearms. Fisher was previously convicted of the felony offense of “Second Degree Murder” in the Circuit Court of Anne Arundel County, Maryland in 1996. As a result of that conviction, Fisher is prohibited from possessing the aforementioned firearms.

Fisher pled guilty in April 2015 to one count of “Felon in Possession of Firearms.”

Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Berkeley County Sheriff’s Office led the investigation.

Chief U.S. District Judge Gina M. Groh presided.

MARTINSBURG, WEST VIRGINIA – Three defendants from last month’s 41-person Baltimore-to-West Virginia heroin trafficking indictment were convicted in federal court.

Craig Rhodes, 46, of Chambersburg, PA, James Wesley Faircloth, 35, of Martinsburg, WV, and Roma Michelle Bland, 37, also of Martinsburg, WV, each pled guilty on Wednesday to heroin distribution charges, United States Attorney William J. Ihlenfeld, II, announced.

Rhodes admitted that he conspired to distribute heroin in West Virginia, Maryland, and Pennsylvania from November 2014 through February 2015. Faircloth and Bland each admitted to traveling from West Virginia to Baltimore, Maryland to purchase heroin and then returning to West Virginia to sell the heroin they obtained.

Rhodes faces up to 20 years in prison for “Conspiracy to Distribute Heroin.” Faircloth and Bland each face up to 5 years in prison for “Aiding and Abetting Interstate Travel in Aid of Racketeering.” Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the cases on behalf of the government. The matters were investigated by the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative.

U.S. Magistrate Judge Robert W. Trumble presided.

WHEELING, WEST VIRGINIA – Two California natives were sentenced in federal court today for oxycodone trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Julia Joseph, 45, and Mario O. Garcia, 42 both of Van Nuys, California, participated in a drug trafficking operation in which large quantities of prescription painkillers were shipped across state lines from California into Marshall County, West Virginia for redistribution and sale. They each pled guilty to one count of Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.”

Garcia was sentenced today to 37 months in prison. Joseph was sentenced today to probation for 3 years.

Assistant U.S. Attorney Robert McWilliams prosecuted Garcia and Assistant U.S. Attorney Randy Bernard prosecuted Joseph on behalf of the government. The Marshall County Drug and Violent Crime Task Force, a HIDTA-funded initiative, the Drug Enforcement Administration - Los Angeles Field Division Tactical Diversion Squad, and the West Virginia State Police investigated.

U.S. District Judge John Preston Bailey presided.

WHEELING, WEST VIRGINIA – Trevor Vossen, 23, of New Martinsville, WV, was sentenced to 24 months in prison in federal court today for oxycodone trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Throughout 2014 and early 2015, Vossen conspired with other individuals to possess and distribute oxycodone in Wetzel and Marshall Counties in West Virginia. He pled guilty in May 2015 to one count of “Drug Conspiracy - Oxycodone.”

Assistant U.S. Attorney Jarod Douglas prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the West Virginia State Police investigated.

Senior U.S. District Judge Frederick P. Stamp presided.

ELKINS, WEST VIRGINIA – John Daniel Barnett, 39, and Kaylei Oressa Wilson, 26, both of Petersburg, West Virginia, were convicted today of heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.

Barnett and Wilson, along with other individuals, conspired to possess and sell heroin in Grant County, West Virginia throughout 2014 and 2015.

The defendants each pled guilty today to one count of “Distribution of Heroin.” Barnett and Wilson each face up to 20 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Michael Stein prosecuted the case on behalf of the government. The West Virginia State Police and the Potomac Highlands Drug and Violent Crime Task Force investigated.

U.S. Magistrate Judge John S. Kaull presided.