Northern District of West Virginia

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – A man from New York was sentenced to ten years in federal prison on a cocaine trafficking charge.

Melvin SANDERS, age 56, formerly of New York, was sentenced to 120 months in prison and three years of supervised release for “Possession with Intent to Distribute Cocaine.” SANDERS was remanded to the custody of the United States Marshal.

Nine others appeared in Elkins Federal court, including Chad Edward CUTRIGHT, age 29, of Montrose, West Virginia, who was sentenced to 60 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be used in the Manufacture of Methamphetamine.”

James Allen WARE, age 30, of Buckhannon, West Virginia, was sentenced to 57 months in prison and three years of supervised release for “Possession of Materials used in the Manufacture of Methamphetamine.” WARE, who is free on bond, will self-report to prison.

Joshua David CASADA, age 29, of Buckhannon, West Virginia, was sentenced to 51 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be used in the Manufacture of Methamphetamine.” CASADA was remanded to the custody of the United States Marshal.

Kristin Elaine DYE, age 21, of Buckhannon; Lindsey Parker ROY, age 40, of Elkins, West Virginia; and, Destry Seth POLING, age 27, of Parsons, West Virginia; were sentenced to five years of probation for “Possession of Pseudoephedrine to be used in the Manufacture of Methamphetamine.”

Gary Rudolph LOY, age 41, of Belington, West Virginia, was sentenced to five years of probation for “Manufacture of Methamphetamine.”

Cinda Lou CHAPMAN, age 34, of Maysville, West Virginia, was sentenced to three years of probation for “Theft of Government Money.”

Robert Franklin DAVIS, II, age 35, of Buckhannon, entered a plea of guilty to Possession of Materials used in the Manufacture of Methamphetamine. DAVIS, who is free on bond pending sentencing, faces up to 10 years in prison.

These cases were prosecuted by Assistant U.S. Attorneys Andrew R. Cogar, Stephen D. Warner, David J. Perri, Stephen L. Vogrin and Jarod J. Douglas and investigated by the Greater Harrison County Drug & Violent Crime Task Force, the Barbour County Sheriff’s Department, the West Virginia State Police, the U.S. Forest Service, the Elkins Police Department, the Randolph County Sheriff’s Department and the Tucker County Sheriff’s Dept.

Chief U.S. District Judge John Preston Bailey presided.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – Eight people entered guilty pleas to Federal drug charges in Martinsburg.

United States Attorney William J. Ihlenfeld, II, announced that Alan BUTLER, age 57, and Delano Alan BUTLER, age 33, of Hagerstown, Maryland, entered pleas of guilty to “Distribution of Heroin.” Alan BUTLER and Delano BUTLER each face up to 20 years in prison.

Patrice Dominique STEPHENS, age 34, of Westernport, Maryland, entered a plea of guilty to “Distribution of Cocaine.” STEPHENS, who is in custody pending sentencing, faces up to 20 years in prison.

Walter EVANS, age 43, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine.” EVANS, who is free on bond pending sentencing, faces up to 20 years in prison.

Bradley FRENCH, age 45 and Shawna PERRY, age 18, of Hedgesville, West Virginia, entered pleas of guilty to “Distribution of Heroin.” Co-defendant Theresa PERRY, age 45, of Hedgesville, entered a plea of guilty to “Maintaining a Drug-Involved Premise.” FRENCH and Shawna PERRY, and Theresa PERRY each face up to 20 years in prison.

Dennis Dwayne BUTTS, II, age 38, of Hedgesville, entered a plea of to “Distribution of Heroin.” BUTTS, who is in custody pending sentencing, faces up to 20 years in prison.

In other matters, Jeff CHANEY, age 36, of Burlington, West Virginia, entered a plea of guilty to “Sale of a Firearm to a Felon.” CHANEY, who is free on bond pending sentencing, faces up to 10 years in prison.

Brenda Kaye STAMPER, age 46, of Martinsburg, entered a plea of guilty to “Theft of Government Money” was ordered to pay restitution in the amount of $15,312. STAMPER, who is free on bond pending sentencing, faces up to 10 years in prison.

Harold Quiceno RODRIGUEZ, age 36, a citizen of Colombia, entered a plea of guilty to “False Claim to U.S. Citizenship.” RODRIGUEZ, who is in custody pending sentencing, faces up to three years in prison and deportation.

These cases were prosecuted by Assistant U.S. Attorneys Paul T. Camilletti and Jarod J. Douglas and were investigated by the Eastern Panhandle Drug & Violent Crime Task Force; the Potomac Highlands Drug & Violent Crime Task Force; the Martinsburg Police Department; Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms & Explosives; Hampshire County Sheriff’s Office; Social Security Administration; U.S. Postal Inspection Service; and, US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HIS).

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

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Four Federal prisoners received additional jail time as a result of crimes they committed while behind bars.

United States Attorney William J. Ihlenfeld, II, announced that Roberto SOTO, age 51, Gregory PARDO, age 58, Antonio MARTINEZ-PORTA, age 38, and Ahmed JOHNSON, age 42, all inmates at the Federal Correctional Institution at Gilmer, entered pleas of guilty to “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” U.S. District Judge Irene M. Keeley sentenced PARDO, MARTINEZ-PORTA and JOHNSON to 24 months in prison and SOTO to 30 months in prison to run consecutively to their current Federal sentences. The case was handled by Assistant U.S. Attorney David J. Perri for the government.

In a separate matter, Ricardo PIZANA, age 29, an inmate at the Federal Correctional Institution at Morgantown, entered a plea of guilty to “Possession of a Prohibited Object” and was sentenced to three months in prison. The sentence will run consecutively to his current Federal sentence. This case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan.

These cases were investigated by the Special Investigative Services Unit at FCI Gilmer and FCI Morgantown.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA - A Fairmont, West Virginia, man has been sentenced to twenty years in Federal prison on drug charges.

United States Attorney William J. Ihlenfeld, II, announced that Lennox BUCKLEY was sentenced to 240 months in prison for “Distribution of Cocaine and more than 50 Kilograms of Marijuana.” BUCKLEY, who was remanded to the custody of the United States Marshal, also was ordered to forfeit a 2002 Lexus ES 300 and $7,011 in U.S. Currency.

The case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the U.S. Postal Inspection Service, the West Virginia State Police-Bureau of Criminal Investigations and the U.S. Marshals Service.

Chief U.S. District Judge John Preston Bailey presided.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – Three individuals involved in a large prescription painkiller trafficking ring entered pleas of guilty on Friday in Federal court according to United States Attorney William J. Ihlenfeld, II.

Steven L. NAMACK, age 65, entered a plea of guilty to “Distribution of Oxycodone.” NAMACK, who is in custody pending sentencing, faces up to 20 years in prison. As part of his plea, NAMACK will forfeit $2,000 which constitutes proceeds of the illegal activity.

Kristyn Elizabeth FETCKO, age 34, entered a plea of guilty to “Distribution of Oxycodone.” FETCKO, who is free on bond pending sentencing, faces up to 20 years in prison. As part of her plea, FETCKO will forfeit $3,905 which constitutes proceeds of the illegal activity.

Adam W. BARNES, age 40, entered a plea of guilty to “Use of a Telephone to Facilitate the Distribution of Oxycodone.” BARNES, who is in custody pending sentencing on bond, faces up to 4 years in prison.
The last remaining defendant in this case, Brian SCHULTZ, is scheduled for trial on September 23, 2014 before U.S. District Judge Frederick P. Stamp, Jr.

Assistant U.S. Attorney John C. Parr handled the cases on behalf of the government.

This case was investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police-BCI, and the U.S. Drug Enforcement Administration. The Ohio Valley Drug Task Force is an Appalachia HITDA-funded initiative.

In other court proceedings in Wheeling before Chief Judge John Preston Bailey:

GLENN A. MILLER, age 37, of Moundsville, entered a plea of guilty to “Distribution of Alprazolam within 1,000 feet of a Public Housing Authority.” Miller, who is free on bond pending sentencing, faces up to forty years in prison.

Jodi Howell, age 38, of McMechen, entered a plea of guilty to “Possession of a Controlled Substance.” Howell, who is free on bond, faces up to one year in prison.

These cases was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Marshall County Drug Task Force, consisting of officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration. The Marshall County Drug Task Force is an Appalachia HITDA-funded initiative.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – Two individuals involved in a large prescription painkiller trafficking ring entered pleas of guilty on Monday in Federal court, according to United States Attorney William J. Ihlenfeld, II.

Lucas N. HIGH, age 37, of Wheeling, entered a plea of guilty to the felony offense of “Conspiracy to use a Telephone to Facilitate the Distribution of Cocaine, Oxycodone and Buprenorphine.” HIGH’s criminal conduct occurred between October of 2012 and January of 2014 in the Wheeling area. He is free on bond and faces up to 4 years in prison when sentenced.

Cara OLAKO a/k/a Cara Green, age 36, of Wheeling, entered a plea of guilty to “Aiding and Abetting the Distribution of Cocaine within 1,000 feet of the Patterson Playground.” The transaction that OLAKO admitted to occurred in July of 2013. She is free on bond and faces up to 40 years in prison.

HIGH and OLAKO are part of group of fifteen people indicted in February after a sixteen month investigation into the distribution of oxycodone and other prescription drugs that came to the area from northern Ohio and Detroit, Michigan. Over the course of the investigation thousands of pills were recovered by agents via controlled purchases and court-authorized searches.

Assistant U.S. Attorney John C. Parr handled the cases on behalf of the government. U.S. District Judge Frederick P. Stamp, Jr., presided.

These matters were investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police-BCI, and the U.S. Drug Enforcement Administration. The Ohio Valley Drug Task Force is an Appalachia HITDA-funded initiative.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – Two people have been convicted of Federal drug charges, according to United States Attorney William J. Ihlenfeld, II.

Dorothy Ellen METZ, age 61, of Athens, Georgia, entered a plea of guilty to “Possession with Intent to Distribute Oxycodone” in Randolph County, West Virginia. METZ is free on bond pending sentencing and faces up to 20 years in prison. This case was investigated by the Mountain Region Drug & Violent Crimes Task Force.

Beth Harman OURS, age 46, of Petersburg, West Virginia, entered a plea of guilty to “Distribution of Diazepam.” OURS is in custody pending sentencing and faces up to 5 years in prison. This case was investigated by the Potomac Highlands Drug & Violent Crime Task Force.

The cases were prosecuted by Assistant U.S. Attorney Stephen D. Warner. U.S. Magistrate Judge John S. Kaull presided.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – The leader of a large drug trafficking organization was convicted in Federal court and now faces a lengthy prison sentence.

United States Attorney William J. Ihlenfeld, II, announced that Cedric Malachi Jones a/k/a “BG,” age 33, of South Ozone Park, New York, and formerly of Palm Coast, Florida, entered a plea of guilty to “Possession with Intent to Distribute Cocaine.” At the request of the government Jones remains in custody pending sentencing, at which time he will face up to 20 years in prison.

JONES was the leader of a group that caused controlled substances to be transported from other parts of the country to Keyser, West Virginia, for redistribution. The case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, which consists of officers from the Federal Bureau of Investigation and the West Virginia State Police - Bureau of Criminal Investigations.

This prosecution of this case is being handled by Assistant United States Attorney Jarod J. Douglas. It was investigated by the Potomac Highlands Drug & Violent Crime Task Force, which consists of officers from the Federal Bureau of Investigation and the West Virginia State Police - Bureau of Criminal Investigations.

In other matters before U.S. Magistrate Judge Robert W. Trumble, Adrian Nicholas Sanchez a/k/a “ACE,” age 30, of Cumberland, Maryland and Christopher Lee Redman, age 30, entered pleas of guilty to “Conspiracy to Distribute Cocaine.” Sanchez and Redman will forfeit $5,661 as well as pay a $90,000 money judgment. Sanchez and Redman are in custody pending sentencing and face up to 20 years in prison.

Ebony Ishia Haynes Jack, age 33, of South Ozone Park, New York, formerly of Palm Coast, Florida, entered a plea of guilty to “Money Laundering Conspiracy.” Jack is free on bond and faces up to 20 years in prison.

James Willard Johnson, age 39, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine.” Johnson is in custody pending sentencing and faces up to 20 years in prison.

Navarre Sowell, age 38, of Hagerstown, Maryland, entered a plea of guilty to “Illegal use of a Telephone to Facilitate the Distribution of Crack Cocaine.” Sowell, who is in custody pending sentencing, faces up to 8 years in prison.

Shaye Christopher Donald Cole, age 27, of Shenandoah Junction, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” Cole was previously convicted of a felony in the Circuit Court of Frederick County, Virginia. Cole is free on bond pending sentencing and faces up to 10 years in prison.

Shaquille Montrel Robinson, age 21, of Charles Town, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” Robinson has prior convictions for “Wanton Endangerment” and “Unlawful Assault” in the Circuit Court of Jefferson County, West Virginia. Robinson is in custody pending sentencing and faces up to 10 years in prison. Robinson was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jefferson County Sheriff’s Office and the Ranson Police Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – Five people were recently sentenced to Federal prison according to United States Attorney William J. Ihlenfeld, II.

Darnell Leon Plaines, age 25, of Martinsburg, was sentenced to 37 months in prison and 3 years of supervised release for conspiracy to distribute more than 28 grams of crack cocaine from April to May 20, 2013, in the Northern District of West Virginia. The Court also ordered the forfeiture of $3,612 which constituted proceeds from the illegal activity. Plaines was remanded to the custody of the United States Marshal pending designation to prison.

William Melvin Greene a/k/a “Reef,” age 40, and Catrina Colleen Everhart, age 33, of Martinsburg, were each sentenced to 60 months in prison and 3 years of supervised release for conspiracy to distribute more than 28 grams of crack cocaine from April to August of 2013, in the Northern District of West Virginia. Greene was remanded to the custody of the United States Marshal pending designation to a Federal institution. Everhart, who is free on bond, will self-report to prison.

Calva Wellington Springette, age 31, of Martinsburg, was sentenced to 36 months in prison and 6 years of supervised release for the distribution of crack cocaine. Springette’s sentence was enhanced by the Court due to her possession of a stolen firearm. Springette, who is free on bond, will self-report to prison.

These cases were investigated by the Eastern Panhandle Drug & Violent Crime Task Force.

Coty Sharee Buracker, age 22, of Inwood, West Virginia, was sentenced to 24 months in prison and 20 years of supervised release for failure to register and update registration as a sex offender. Buracker was remanded to the custody of the United States Marshal and will soon be assigned to a Federal prison. This case was investigated by the United States Marshals Service and the West Virginia State Police.

Assistant United States Attorney Jarod J. Douglas handled each of these cases on behalf of the government. U.S. District Court Judge Gina M. Groh presided.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - A West Virginia coal miner who falsified safety records at an Ohio County mine has been sentenced in Federal court.

United States Attorney William J. Ihlenfeld, II, announced that Sean A. CHASE, 32 years old, of Spencer, West Virginia, was sentenced to two years of supervised release after being convicted earlier this year of “Making False Representations and Certifications” on mine safety records and one count of “False Statements to a Federal Agent.” According to investigators, CHASE claimed to be a mine foreman and to be qualified to perform mine safety exams while working at the Tunnel Ridge Mine in Ohio County when in fact he held no such certification. CHASE also claimed that he took the mine foreman examination and was issued a foreman card and foreman number.

U.S. Attorney Ihlenfeld praised the efforts of the investigators and encouraged anyone with knowledge of this type of offense to bring it to the attention of authorities. “We must do everything we can to protect our coal miners, including prosecuting individuals who break the law for their own financial gain,” said Ihlenfeld.

Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health, stated: “Accurate mine operator examinations of workplaces by certified individuals are a cornerstone of the Mine Act, and are required to protect miners from injury, illness, and death. MSHA appreciates the efforts of the U.S. Attorney to keep miners safe by holding examiners accountable when they falsify records and attempt to mislead Agency investigators.”

This case was investigated by the U.S. Department of Labor, Mine Safety and Health Administration, and the West Virginia Office of Mine, Health, Safety and Training and prosecuted by Assistant United States Attorney David J. Perri.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A commercial airline pilot has been convicted of traveling across state lines in order to have sex with a minor female.

United States Attorney William J. Ihlenfeld, II announced today that MUSTAFA MOMOUN BAZBAZ, 28 years of age, of Oakdale, Pennsylvania entered a guilty plea to the felony offense of “Travel with Intent to Engage in Illicit Sexual Conduct.” BAZBAZ communicated with a 15-year old female from Jefferson County, Ohio, in December of 2013 via the website known as MeetMe.com. He misrepresented his age and name to the victim, claiming to be 17 years old and to be named “Mike B.” BAZBAZ also sent sexually explicit images of himself to the victim before arranging to pick up the victim near her home in Jefferson County in December of 2013. BAZBAZ then took the victim to a hotel room in Hancock County where they engaged in sexual intercourse.

At the time of the incident BAZBAZ was employed as a pilot with Republic Airways and was stationed in Pittsburgh.

The matter was investigated by the Federal Bureau of Investigation and the Hancock County (WV) Sheriff’s Department. This prosecution of the case is being handled by Assistant United States Attorney Robert H. McWilliams, Jr.

BAZBAZ faces up to thirty years in prison, a fine of up to $250,000, and supervision for life. Under the Federal Sentencing Guidelines the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A former supervisor with the state Division of Highways admitted today that he lied to a Federal agent.

United States Attorney William J. Ihlenfeld, II, announced that EDWARD MATTHEW TUTTLE, 38 years old, of Buckhannon, West Virginia, entered a guilty plea this morning to the felony offense of "Making a False Statement to a Federal Agent." TUTTLE admitted that he lied to an F.B.I. agent who questioned him as part of an ongoing Federal investigation into the Equipment Division of the West Virginia Division of Highways. TUTTLE formerly served as the Highway Administrator for the WVDOH in Upshur County, and as a supervisor with the Equipment Division. U.S. Magistrate Judge James E. Seibert accepted the plea today in Wheeling.

Testimony offered at the plea hearing revealed that complaints made by citizens to a public corruption hotline were very beneficial to investigators and led them to obtain a Federal search warrant for the WVDOH’s Equipment Division.

TUTTLE now 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 offense and the Defendant’s prior criminal history, if any.

This case is being prosecuted by U.S. Attorney Ihlenfeld and Assistant United States Attorney John C. Parr and was investigated by the U.S. Attorney’s Public Corruption Unit. Agents and officers from the Federal Bureau of Investigation, the West Virginia State Police, and the State Commission on Special Investigations are leading the inquiry.

Citizens who wish to report public corruption in their community are encouraged to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS or to send an email to wvafeds@usdoj.gov.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A California man has been charged in Federal court in West Virginia as part of a painkiller distribution ring.

United States Attorney William J. Ihlenfeld, II announced that Mario O. GARCIA, age 41, of Van Nuys, California, was indicted last week and arrested today in Los Angeles on charges of “Conspiracy to Distribute Oxycodone” and “Aiding and Abetting the Distribution of Oxycodone.” It is alleged that GARCIA was responsible for causing thousands of oxycodone pills to be shipped to Marshall County, West Virginia for illegal distribution. Five other individuals have already been prosecuted and convicted in Federal court in Northern West Virginia as part of the same investigation.

If convicted, GARCIA faces up to twenty years in prison and a $1 million fine. The United States is also seeking money judgment in the amount of $82,500 against GARCIA, an amount that is alleged to be proceeds of the illegal activity. Under the Federal Sentencing Guidelines the actual sentence imposed will be based upon the seriousness of the offense and his prior criminal history, if any.

The case will be prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and was investigated by the Marshall County Drug Task Force which includes officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration.

An indictment is merely an accusation and the Defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A Baltimore man is alleged to be the leader of a drug trafficking ring that led to large quantities of heroin being distributed in the Eastern Panhandle.

United States Attorney William J. Ihlenfeld, II announced that 9 arrests were made on charges contained in a 24-count Indictment returned by a Federal Grand Jury. According to Ihlenfeld, the Indictment alleges that the defendants were involved in a conspiracy to distribute heroin from 2008 to July 22, 2014, in the Berkeley, Jefferson, Grant and Hardy County areas.

Thus far, of the 14 defendants, nine were arrested this week; three are in custody on related charges; and, the agents are still looking for two defendants.

The names of those arrested are:

1) Tavon Darrell Moore, also known as “Frank”, also known as “Lodo”, age 30, of Baltimore, Maryland
2) Aaron Daniel Rose a/k/a “Fat Boy,” age 29, of Kearneysville, West Virginia
3) Courtney Danielle McDonald, age 24, of Martinsburg
4) Crystalin Nicole Holliday, age 24, of Martinsburg
5) Susan Renee Underwood, age 31, of Martinsburg
6) Melissa Bailey, age 25, of Petersburg, West Virginia
7) Kimberly Michelle Bailey, age 32, of Petersburg
8) Pamela Jean Bailey, age 30, of Petersburg
9) Thomas Richard Greenfield, Jr., age 57, of Martinsburg

Those in custody on related charges

1) Stephanie Lee Butts, also known as “Stephanie Zavala,” also known as Tater, age 37
2) Christian Nicole Pierce, age 21
3) Brandy Netz, age 29

The names of those still wanted are

1) Tony Calvin Collins, age 29, of Petersburg
2) Brenda Michelle Sams, age 34, of Brandywine, Maryland

The 24-count Indictment charges the defendants with conspiracy to distribute heroin; possession with intent to distribute heroin; attempted distribution of heroin; distribution of heroin, crack cocaine, oxycodone, morphine and methamphetamine; using the telephone to distribute drugs; and, interstate transportation to aid in the distribution of heroin. Specifically: Moore is named in the conspiracy count alleging he was responsible for the distribution of more than 1 kilogram of heroin, two counts for the illegal use of a telephone to distribute drugs and two counts of interstate transportation. Moore has prior felony convictions in the State of Maryland for possession with intent to distribution, carjacking and possession of a firearm.

Rose is named in the conspiracy count alleging he was responsible for the distribution of more than 100 grams of heroin and five additional counts of distribution of heroin.

Butts is named in the conspiracy count alleges she was responsible for the distribution of more than 100 grams of heroin, one count of distribution of heroin and one count of possession with intent to distribute heroin.

Pierce is named in the conspiracy count alleging the distribution of less than 100 grams of heroin.
Collins, Sams, Holliday and Underwood are named in the conspiracy count alleging the distribution of less than 100 grams of heroin and one count of possession with intent to distribute heroin.

McDonald is named in the conspiracy count alleging the distribution of less than 100 grams of heroin, four counts of distribution of heroin, one count of distribution of oxycodone, three counts of distribution of morphine and one count of attempted distribution of heroin. 

Netz is named in the conspiracy count alleging the distribution of less than 100 grams of heroin, one count of distribution of crack cocaine and one count of distribution of heroin.

Melissa Bailey is named in the conspiracy count alleging the distribution of less than 100 grams of heroin, three counts of distribution of methamphetamine and two counts of distribution of heroin.

Kimberly Bailey is named in the conspiracy count alleging the distribution of less than 100 grams of heroin, one count of distribution of hydrocodone, one count of distribution of methamphetamine and two counts of distribution of heroin.

Pamela Bailey is named in one count of distribution of methamphetamine

Greenfield is named in one count of distribution of oxycodone and one count of distribution of morphine.

The United States is also seeking the forfeiture of a $208,500 money judgment which constitutes the proceeds of the illegal activity.

If convicted, Moore faces a mandatory 20 years to life in prison, Rose and McDonald face up to 40 years and the other defendants face up to 20 years on the conspiracy charge, up to 10 years on the morphine distribution charge, up to 20 years on the other possession and distribution charges; up to 4 years on the illegal use of a communication facility charges and up to 5 years on the interstate transportation charges.

The case will be prosecuted by Assistant U.S. Attorney Jarod J. Douglas and was investigated by the Eastern Panhandle Drug Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department; and, the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – A 54 year old West Milford, West Virginia, resident entered a plea of guilty before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that Pamela S. Bailey entered a plea of guilty to filing a false personal income tax return for tax year 2011. Bailey understated her gross income resulting in an unpaid tax due and owing of approximately $42,097.58.

Bailey, who is free on bond pending sentencing scheduled for November 21, 2014, faces up to 3 years in prison.

This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Internal Revenue Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Pittsburgh, Pennsylvania, man was sentenced for his role in a conspiracy to distribute more than 100 grams of heroin in the Wetzel County area, by Chief Judge John Preston Bailey.

United States Attorney William J. Ihlenfeld, II, announced that Damon Rashad Reese, also known as “Mac”, age 26, was sentenced to 140 months in prison and four years of supervised release. The Court also ordered the forfeiture of $8,674 in U.S. currency and a 2002 Lexus which constitute proceeds from the illegal activity. Reese was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Randolph J. Bernard and investigated by the West Virginia State Police - Bureau of Criminal Investigations.

In other court proceedings before Judge Bailey, Ihlenfeld announced that James Nathan Barcus, age 38, of Wheeling was sentenced to 12 months and 1 day in prison and three years of supervised release for conspiracy to distribute Schedule I and Schedule II controlled substances from December of 2011 until May 18, 2012, in the Wheeling area. Barcus, who is free on bond, will self-report to the designated Federal institution on September 11, 2014. Assistant United States Attorney Randolph J. Bernard was the lead prosecutor and was assisted by Ihlenfeld. The matter was investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police, and the Drug Enforcement Administration. Substantial assistance was provided by the Hancock-Brooke -Weirton Drug Task Force, which includes Weirton Police Officers, Hancock County Sheriff’s Deputies, and DEA Agents. Assistance was also provided by the Pennsylvania State Police.

Amanda Barker, age 25, of Moundsville, West Virginia, was sentenced to 6 months in prison and six years of supervised release for the distribution of alprazolam near a protected location in Marshall County in 2012. Barker was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Marshall County Drug Task Force, consisting of officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration. The task force receives federal funding from the Appalachia High Intensity Drug Trafficking Area (AHIDTA) initiative.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Two Morgantown, West Virginia, residents have been indicted by a Federal Grand Jury on charges of theft of government monies.

U.S. Attorney William J. Ihlenfeld, II, announced that Carl J. Gaul, age 40 and Shawn E. Ratliff, age 35 of Morgantown were named in a two-count Indictment charging them with conspiracy to commit embezzlement, theft and conversion of government funds and one count of embezzlement, theft and conversion of government funds. The Indictment charges that from May 1, 2013, to November 30, 2013, in Preston and Monongalia Counties, Gaul and Ratliff conspired to embezzle government monies by causing multiple credit card transactions using monies of the United States Department of Justice, Federal Bureau of Prisons. Gaul and Ratliff caused to be made purchases in the amount of $13,084.58, utilizing a government-issued credit card to purchase items for their own use and benefit.

The U.S. Attorney’s Office is seeking to forfeit One Sanyo 42” LED TV; Two JBL Onbeat Awake devices; Two IHOME devices; Three Bose SoundLink systems; Two Beats by Dre Beat Box devices; One JBL Flip device and a $13,084.58 money judgment which constitutes proceeds from the illegal activity.

If convicted, Gaul and Ratfliff face up to 5 years in prison on the conspiracy charge and 10 years in prison on the embezzlement charge. This case will be prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and was investigated by the United States Departemnt of Justice Office of Inspector General.

In other matters considered by the Grand Jury, Ihlenfeld announced that Joseph Garrett, age 50, of Haywood, West Virginia, was named in a two-count Indictment charging him with being a felon in possession of a firearm and possession of an unregistered firearm. If convicted, Garrett faces up to 10 years in prison on each count. This case will be prosecuted by Assistant U.S. Attorney Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Judge Irene M. Keeley for sentencing.

Christopher Vickers, age 25, of Clarksburg, was sentenced to 21 months in prison and six years of supervised release for the distribution of heroin within 1,000 feet of Monticello Avenue playground. Vickers, who is free on bond, will self-report to the designated Federal institution . This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar.

Marcus Gerald Barnett, age 33, of Clarksburg, was sentenced to 21 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a housing project. Barnett, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant U.S. Attorney Shawn A. Morgan.

Nino L. Mancino, age 43, of Fairmont, was sentenced to 12 months and 1 day in prison and three years of supervised release for the conspiracy to distribute hydrocodone. Mancino, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant United States Attorney John C. Parr.

The Vickers, Barnett and Mancinco cases were investigated by the Greater Harrison County Drug and Violent Crimes Task Force., which is comprised of officers and agents from the Bridgeport Police Department, the Clarksburg Police Department, the Drug Enforcement Administration, and the West Virginia State Police.

Christy D. Ruble, age 32, of West Milford, West Virginia, former officer in charge of the West Milford post office, was sentenced to 5 years probation for embezzlement from postal accounts. The Court also ordered Ruble to make restitution in the amount of $15,238.65 to the U.S. Postal Service. This case was prosecuted by Assistant U.S. Attorney Brandon Flower and investigated by the U.S. Postal Service, Office of Inspector General.

Four inmates at FCI Morgantown appeared before Magistrate Judge John S. Kaull and entered pleas and were sentenced: Robert Whitfield, age 29, was sentenced to 12 months in prison for obstruction of justice, with the sentence to run consecutively to his current sentence.

Eric Irizarry-Barriera, age 38; Nestor Diaz age 45; and, Stefan Toliver, age 27, were each sentenced to 3 months in prison for possession of a cell phone, with the sentence to run consecutively to their current sentences.

These cases were prosecuted by Assistant U.S. Attorney Brandon S. Flower and were investigated by the Special Investigative Services Unit at FCI Morgantown.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Magistrate Judge Robert W. Trumble.

Delmar Hoza Currry, age 33, of Martinsburg, entered a plea of guilty to possession with intent to distribute crack cocaine. Curry, who is in custody pending sentencing, faces up to 30 years in prison due to his prior convictions.

Colleen Eugene Lowe, age 49, of Millcreek, West Virginia, entered a plea of guilty to possession with intent to distribute crack cocaine. Lowe, who is free on bond pending sentencing, faces up to 20 years in prison.

John Earl Mitchell, age 29, of Harpers Ferry, West Virginia, entered a plea of guilty to possession with intent to distribute crack cocaine and methylone. Mitchell, who is in custody pending sentencing, faces up to 20 years in prison.

Joshua Thomas Smith and Mickey Knight Matheson, both age 29, of Winchester, Virginia, entered pleas of guilty to being a convicted felon in possession of firearms. Smith and Matheson, who are in custody pending sentencing, face up to 10 years in prison.

These cases were prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, the Martinsburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Brenda Carmody, age 49, of Bunker Hill, West Virginia, entered a plea of guilty to misappropriation of postal funds between August of 2013 and January of 2014. Carmody admitting to taking $1,551.91 from the stamp drawer and $480 from post office box rentals from the Rippon, West Virginia, post office while she was working as Postmaster Relief. Carmody, who is free on bond pending sentencing, faces up to 10 year in prison. This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the U.S. Postal Inspection Service.

Martina Y. Roberts, age 40, of Williamsport, Pennsylvania, entered a plea of guilty to bankruptcy fraud. On April 26, 2013, Roberts, who had previously filed for personal bankruptcy, forged the bankruptcy trustee’s name on a document allowing Roberts to obtain a line of credit. Roberts, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the Office of the United States Trustee.

Jesse Antonio Garcia, age 27, of Martinsburg, entered a plea of guilty to unlawful production of an identification document. Garcia, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Assistant U.S. Attorney Douglas and investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA — Three Central West Virginia men appeared in United States District Court before Magistrate Judge John S. Kaull and entered pleas of guilty.

United States Attorney William J. Ihlenfeld, II, announced that:

Jason MARPLE, age 35, of Clarksburg, West Virginia, a former Harrison County Sheriff’s Department Process Server, entered pleas of guilty to one count of distribution of oxycodone within 1,000 feet of Clarksburg City Park playground and one count of knowingly possessing a firearm in furtherance of that drug trafficking crime. MARPLE, who is in custody pending sentencing, faces up to life in prison.

Chad Alton REGISTER, age 31, of Anmoore, West Virginia, entered a plea of guilty to the distribution of oxycodone.

Russell POWERS, also known as Rusty, age 49, of Clarksburg, entered a plea of guilty to possession with intent to distribute oxycodone.

REGISTER and POWERS, who are free on bond, face up to 20 years in prison.

The case was prosecuted by Assistant United States Attorney Shawn A. Morgan, and was investigated by the Greater Harrison County Drug & Violent Crime Task Force and the Three Rivers Drug Task Force.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of June ten (10) individuals were sentenced by Judge Gina M. Groh for violations of the terms and conditions of their supervised release imposed by the United States District Court.

Paul Lee Jackson, age 45, of Martinsburg, West Virginia, was sentenced to 37 months in prison for testing positive for the use of cocaine; failure to be truthful with probation officer; and, being charged and arrested in Berkeley County Magistrate Court for possession with intent to distribute a controlled substance. Jackson was originally sentenced on July 15, 2003, to 240 months in prison and five years of supervised release for conspiracy to distribute cocaine base. In October of 2009, Jackson’s sentence was reduced to 176 months in prison and again in November of 2011, Jackson’s sentence was reduced to 128 months in prison due to the crack resentencing guidelines. Jackson was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Gerald David Gibbs, age 26, of Martinsburg, was sentenced to 24 months in prison for associating with a convicted felon; failure to notify probation officer within 72 hours of police contact; testing positive for the use of cocaine; failure to be truthful with probation officer; frequenting a location where illegal substances are located; changing address without notifying probation officer 10 days in advance; and, a charge of No Operator’s. Gibbs was originally sentenced on July 30, 2010, to 60 months in prison and four years of supervised release for the distribution of cocaine base. Gibbs was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Timothy William Cook, age 29, of Martinsburg, was sentenced to 24 months in prison for failure to complete and submit monthly reports to the probation office; failure to respond to notifications of probation officer; and, failure to notify probation officer of a change in employment status. Cook was originally sentenced on January 17, 2006, to 97 months in prison and 3 years of supervised release for possession with intent to distribute heroin. Cook was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Brandy Netz, age 39, of Martinsburg, was sentenced to 18 months in prison for committing another crime of distribution of cocaine base and arranging a purchase of heroin. Netz was originally sentenced on August 5, 2008, to 18 months in prison and five years of supervised release for possession with intent to distribute cocaine base. On September 12, 2013, Netz supervised release was revoked and she was sentenced to four months in prison and 18 months of supervised release for failure to be truthful with probation officer; testing positive for the use of cocaine; failure to follow instructions of the probation officer; and, being charged with other criminal violations, i.e. failure to maintain control, failure to stop at a stop sign, destruction of property and two counts of no child restraint. Netz was remanded to the custody of the United States Marshal pending designation to a Federal institution.

William Matthew Redman, age 47, of Martinsburg, was sentenced to 12 months and 1 day in prison and 18 months of supervised release for failure to notify probation officer of change of address; being charge in Berkeley County Magistrate Court with possession of heroin; associating with a convicted felon; possession of heroin and drug paraphernalia; and, frequenting places where controlled substances were illegally sold, distributed or administered. Redman was originally sentenced on March 13, 2003, to 151 months in prison and three years of supervised release for the distribution of cocaine base. In February of 2009, Redman’s sentence was reduced to 130 months pursuant to the crack resentencing guidelines. Redman was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Ronald Allen Brown, age 36, of Martinsburg, was sentenced to 12 months and 1 day in prison for possession of drug paraphernalia; failure to respond to probation officer; and, admitted use of heroin. Brown was originally sentenced on November 15, 2004, to 108 months in prison and three years of supervised release for the distribution of heroin. Brown was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Devonnie Joseph Cooper, age 26, of Martinsburg, was sentenced to 12 months and 1 day in prison, with three months of the imprisonment term to be served on home confinement, for admitted use of oxycodone; failure to following instructions of the probation officer; and, failure to report to the probation office on six different occasions. Cooper was originally sentenced on January 29, 2008, to 60 months in prison and four years of supervised release for possession with intent to distribute cocaine base. On March 21, 2003, Cooper’s supervised release was revoked and he was sentenced to 5 months in prison and four years of supervised release for admitted use of marijuana and cocaine; testing positive for the use of marijuana; and, attempting to provide an altered/fake urine sample. Cooper was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Timothy Douglas Imperio, age 33, of Keyser, West Virginia, was sentenced to 12 months in prison for testing positive for the use of amphetamine, marijuana, suboxone and loracet (not prescribed to him); admitted use of xanax (not prescribed to him); charges of failure to display license and no seatbelt; two charges for shoplifting; failure to notify probation officer of new charges; and charges of DUI-2nd offense, no proof of insurance and no operator’s. Imperio was originally sentenced on July 13, 2009, to 30 months in prison and three years of supervised release for perjury before a grand jury. On January 7, 2013, Imperio’s supervised release was revoked and he was sentenced to six months in prison and 30 months of supervised release for failure to maintain employment; failure to notify probation officer of change in employment status; failure to file monthly report form; and, failure to be truthful with probation officer. Imperio was remanded to the custody of the United States Marshal pending designation to a Federal institution and will receive credit for time served since June 2, 2014.

Michael Hunter Norris, age 37, was sentenced to 10 months in prison and 100 months of supervised release for abuse of prescribed medication; failure to notify probation officer of move; and, leaving hospital without notify probation office of residential location. Norris was originally sentenced on July 2, 2012, to 15 months in prison and 10 years of supervised release for failure to register as a sex offender. On July 25, 2013, Norris’ supervised release was revoked and he was sentenced to 5 months in prison and 115 months of supervised release for testing positive and admitting to the use of marijuana as well as testing positive and denying the use of marijuana. Norris was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Steven Blunt, age 40, of Harpers Ferry, West Virginia, was sentenced to 6 months in prison and 42 months of supervised release for testing positive for the use of heroin; morphine, suboxone, opiates and methadone; being observed by probation officers with driving without a valid driver’s license; being untruthful with probation officer; and, failure to complete counseling as directed. Blunt was originally sentenced on December 10, 2010, to 60 months in prison and four years of supervised release for the possession with intent to distribute heroin. Blunt was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the revocation hearings by Assistant U.S. Attorneys Jarod J. Douglas and Paul T. Camilletti.

The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of June ten (10) individuals had their supervised release or probation revoked for violating terms and conditions imposed by the United States District Court.

WHEELING DIVISION REVOCATIONS (Judge Frederick P. Stamp, Jr.)

James Timothy Snyder, III, age 31, of Steubenville, Ohio, was sentenced to 24 months in prison for a new felony conviction of reckless fleeing in a vehicle, failure to submit monthly supervision reports, failure to notify probation office with change of address and failure to report an arrest to the probation office within 72 hours. Snyder was originally sentenced on May 12, 2007, to 54 months in prison and six years of supervised release for the distribution of cocaine base within 1,000 feet of a protected location. In August of 2008, Snyder’s sentence was reduced to 44 months in prison pursuant to the crack resentencing guidelines. Snyder was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Shawn Henderson, age 46, of Wheeling, West Virginia, was sentenced to 18 months in prison for the possession and use of cocaine; traveling out of the district without the permission of the probation officer; and, associating with known felons. Henderson was originally sentenced on March 1, 2010, to 43 months in prison and six years of supervised release for the distribution of cocaine within 1,000 feet of a protected location. Henderson was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Emanuel Banks, age 40, of Columbus, Ohio, was sentenced to 14 months in prison, to run consecutively to the 140-month sentence he received in April of 2014 for the May of 2013 distribution of cocaine base. Banks was originally sentenced on March 18, 1994, to 57 months in prison and six years of supervised release for the distribution of cocaine base. In March of 2008, Banks was reduced to 47 months in prison pursuant to the crack resentencing guidelines. Banks was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Ian Welshans, age 32, of Wheeling, was sentenced to 30 days in prison and 18 months of supervised release for excessive use of alcohol; failure to report for drug testing; and, failure to register as a sex offender. Welshans was originally sentenced on March 5, 2012, to 15 months in prison and three years of supervised release for attempting to transfer obscenity to a minor. Welshans self-reported to the Northern Regional Jail on June 30, 2014.

ELKINS DIVISION REVOCATIONS (Chief Judge John Preston Bailey)

Matthew Shane Burns of Norton, West Virginia, was sentenced to 12 months and 1 day in prison for possession and use of a controlled substance, associating with persons engaged in criminal activity, excessive use of alcohol and commission of another crime. Burns was originally sentenced on May 10, 2005, to 77 months in prison and three years of supervised release for felon in possession of a firearm. Burns was remanded to the custody of the United States Marshal pending designation to a Federal institution and will receive credit for time served since May 7, 2014.

Stephen Blake Landis, Jr. of Randolph County, West Virginia, was sentenced to 12 months and 1 day in prison for use of a controlled substance and alcohol. Landis was originally sentenced on May 9, 2011, to 10 months in prison and three years of supervised release for the distribution of methamphetamine. Burns was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)

Kevin Wayne Bennett, age 41, of Clarksburg, West Virginia, was sentenced to 12 month in prison and 24 months of supervised release for unlawful possession and use of controlled substances and alcohol and a location monitoring violation. Bennett was originally sentenced on June 4, 2009, to 70 months in prison and three years of supervised release for maintaining a drug-involved premise. In October of 2011, Bennett’s sentence was reduced to 57 months in prison due to the crack resentencing guidelines. Bennett, who is free on bond, will self-report to the designated Federal institution.

Naquan Warren, age 24, of Fairmont, West Virginia, was sentenced to six months in prison and 24 months of supervised release for unlawful possession and use of a controlled substance and associating with a known felon. Warren was originally sentenced on November 2, 2012, to 10 months in prison and three years of supervised release for aiding and abetting in the distribution of heroin within 1,000 feet of a protected location. Warren was remanded to the custody of the United States Marshal pending designation to a Federal institution and will receive credit for time served since May 7, 2014.

Charles Clint Gaines, Jr., age 26, of Clarksburg, was sentenced to 6 months in prison and 30 months of supervised release for failure to report to probation officer; failure to truthfully answer all inquiries of probation officer; failure to participate in substance abuse testing, counseling and treatment; and, associating with persons engaged in criminal activity. Gaines was originally sentenced on February 10, 2010, to 60 months in prison and three years of supervised release for the distribution of cocaine base. In October of 2011, Gaines sentence was reduced to 57 months in prison pursuant to the crack resentencing guidelines. Gaines was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Joel Levine, age 48, of Morgantown, West Virginia, was sentenced to 2 months in prison and three years of supervised release for possession and consumption of alcohol; unlawful use of marijuana and failure to participate in drug and alcohol treatment as directed by the probation officer. Levine was originally sentenced on November 22, 2010, to 5 years probation for being a felon in possession of a firearm. Levine, who is free on bond, will self-report to the designated Federal institution.

The United States was represented at the revocation hearings by U.S. Attorney Ihlenfeld and Assistant U.S. Attorneys John C. Parr, Randolph J. Bernard, Shawn A. Morgan, Zelda E. Wesley and Andrew R. Cogar.

The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WV – Edward C. Crow, age 44, an inmate at the United States Penitentiary in Hazelton, West Virginia, was convicted this week for the assault of a correctional officer after a two day federal jury trial before U.S. District Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, for the Northern District of West Virginia made the announcement.

Crow was convicted by a federal jury this week on one count of assaulting a correctional officer resulting in bodily injury; one count of assault with a dangerous weapon with intent to do bodily harm; and one count of possession of a weapon.

Crow was found by the jury to have used a spear that he had manufactured himself to stab a correctional officer through the food slot on his cell door. The officer suffered a puncture wound to his lower abdomen and received medical treatment at a local hospital.

Crow, who is in custody pending sentencing, is a career offender and faces an additional twenty years in prison.

This case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Special Investigative Services Staff at USP Hazelton.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – Four more individuals involved in a large prescription painkiller trafficking ring entered pleas of guilty in Federal court, according to United States Attorney William J. Ihlenfeld, II.

Katherine HUNGERMAN, also known as “Kat” or “Bubs,” age 45 of Shadyside, Ohio, entered a plea of guilty to the distribution of oxycodone. HUNGERMAN, who is free on bond pending sentencing, faces up to 20 years in prison.

Christopher HOWARD, also known as “Fatboy” or “Fatty”, age 39, of Wheeling, entered a plea of guilty to one count of conspiracy to distribute Schedule II & III controlled substances and one count of fraudulently obtaining a controlled substance. HOWARD, who is in custody pending sentencing, faces up to 24 years in prison.

Derick NAMACK, also known as “Dusty,” age 39, of Wheeling, entered a plea of guilty to distribution of oxycodone. NAMACK, who is on bond pending sentencing, faces up to 20 years in prison.
Jill WEST, also known as Jill Namack, age 31, of Wheeling, entered a plea of guilty to conspiracy to engage in interstate travel in aid of a racketeering enterprise. WEST, who remains free pending sentencing, faces up to 5 years in prison.

The above individuals were part of group of fifteen people who were indicted in February at the culmination of a sixteen-month investigation into the redistribution of oxycodone and other prescription drugs that came to the Ohio Valley from northern Ohio and Detroit, Michigan. Over the course of the investigation thousands of pills were recovered by agents via controlled purchases and court-authorized searches.

Assistant U.S. Attorney John C. Parr handled the cases on behalf of the government.

These matters were investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police-BCI, and the U.S. Drug Enforcement Administration. The Ohio Valley Drug Task Force is an Appalachia HITDA-funded initiative.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A 44-year old Wheeling resident was sentenced to prison as a result of a Federal firearms conviction, according to U.S. Attorney William J. Ihlenfeld, II.

Donald L. ELLIS was sentenced to five months in prison and two years of supervised release, with the first five months of the supervised release to be served in a half-way house, for being a prohibited person in possession of a firearm. ELLIS admitted that he possessed a gun in February in Wheeling.

ELLIS had prior convictions in Martin County, Florida, in 1998 for the felony offenses of resisting a law enforcement officer with violence and battery on a law enforcement officer and therefore was prohibited from possessing a firearm. ELLIS was remanded to the custody of the United States Marshal pending designation to a Federal institution. He was sentenced by U.S. District Judge Frederick P. Stamp, Jr.

The case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A husband and wife from Ohio admitted to extorting nearly a million dollars from a woman who had embezzled the money from a West Virginia college, according to United States Attorney William J. Ihlenfeld, II.

Jason Kirkland Weese, age 31, and his wife, Rachaelle Marie Weese, age 26, pleaded guilty today in Federal court to “Extortion”, admitting that they used fear and the threat of force to cause Shelly Lough to provide them with large amounts of cash that Lough took from her former employer, Bethany College. Jason Weese also pleaded guilty to “Money Laundering” as a result of his purchase of a 2013 Chevrolet Camaro with a portion of the cash he received from Lough.

The Weeses, who both are from East Liverpool, Ohio, admitted to using the money received from Lough to purchase a 2013 Mitsubishi Sport Utility Vehicle, a 2013 Honda All-Terrain Vehicle, as well as large amounts of prescription drugs.

Evidence introduced at the plea hearings established that Lough had exchanged sexually explicit messages and images with Jason Weese. The Weeses then threatened to turn over the images and messages to Lough’s husband if Lough did not comply with the demands for cash. Lough complied until she lost her job at the college, and when she could no longer pay the Weeses, Jason Weese threatened to burn down her Ohio County home.

Lough was prosecuted on State charges and was convicted of embezzlement and falsification of accounts in Brooke County (W.Va.) Circuit Court, admitting to the theft of $1,038,000.00 from Bethany.

Jason Weese faces up to 40 years in prison as a result of his convictions, and Rachaelle Weese faces up to 20 years. The Weeses are required to make full restitution to Bethany College. Part of the restitution will be satisfied through the liquidation of motor vehicles acquired by the Weeses and seized by the U.S. Attorney’s Office.

U.S. Attorney Ihlenfeld handled the matter on behalf of the government. The case was investigated by the Federal Bureau of Investigation and the Brooke County Sheriff’s Department. U.S. Magistrate Judge James E. Seibert presided.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – The former Acting Director of the Tactical Operations Division for the U.S. Customs and Border Protection pleaded guilty to misusing his government-issued credit card at a West Virginia casino.

United States Attorney William J. Ihlenfeld, II, announced that GENE PROTOGIANNIS, 55 years old of Lovettsville, Virginia, entered a plea of guilty to “Wire Fraud” in Federal court in Martinsburg. PROTOGIANNIS admitted that he used his official government credit card to obtain cash advances at the Hollywood Casino in Charles Town, West Virginia. The total amount of cash withdrawn by PROTOGIANNIS at the casino was $115,853.55.

PROTOGIANNIS faces up to twenty years in prison and a fine of up to $250,000. The actual sentence imposed will be based upon the Federal Sentencing Guidelines and the criminal history of the defendant, if any.

Assistant United States Attorney Paul T. Camilletti handled the matter on behalf of the government and the case was investigated by the West Virginia State Police. U.S. District Court Judge Gina M. Groh presided.

U.S. Attorney Ihlenfeld urges anyone with information regarding public corruption in their community to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS (1-855-982-3337), or to send an email to wvafeds@usdoj.gov.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA — A Federal grand jury in Elkins returned indictments in six new cases yesterday, according to United States Attorney William J. Ihlenfeld, II.

Beth Harman OURS, age 46, of Petersburg, West Virginia, was named in a five-count Indictment charging her with one count of distribution of ecstasy, two counts of distribution of oxycodone, one count of distribution of diazepam and one count of distribution of hydrocodone. If convicted, OURS faces up to 20 years in prison on the ecstasy and oxycodone charges, 5 years in prison on the diazepam charge, and 10 years in prison on the hydrocodone charge.

George William BARBER, age 47 of Upper Tract, West Virginia, was named in a two-count Indictment charging him with the distribution of Percocet pills. If convicted, BARBER faces up to 20 years in prison on each count.

These cases were investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.

Dorothy Ellen METZ, age 61, of Athens, Georgia, was named in a one-count Indictment charging her with the possession with intent to distribute oxycodone. If convicted, METZ faces up to 20 years in prison. This case was investigated by the Law Enforcement and Investigations Division of the United States Forest Service.

The OURS, BARBER and METZ cases will be prosecuted by Assistant U.S. Attorney Stephen D. Warner.

Roberto SOTO, age 51; Gregory PARDO, age 58; Antonio MARTINEZ-PORTA, age 38; and Ahmed JOHNSON, age 42, inmates at the Federal Correctional Institution at Gilmer, were named in a two-count Indictment charging them with conspiracy to commit assault with a dangerous weapon and assault with a dangerous weapon with intent to do bodily harm. Each face up to 5 years in prison. The case will be prosecuted by Assistant U.S. Attorney Brandon S. Flower and was investigated by the Special Investigative Services Unit at FCI Gilmer.

Joseph A. GARRETT, age 49, of Haywood, West Virginia, was charged with failure to register as a sex offender. GARRETT faces up to 10 years in prison. GARRETT, who has a prior conviction in Marion County is alleged to have failed to register as a sex offender. This case was investigated by the United States Marshals Service.

Clarence THOMPSON, age 35, of Clarksburg, West Virginia, was charged with being a felon in possession of a firearm. THOMPSON, who has prior convictions for delivery of a controlled substance, uttering and burglary, is prohibited from possessing a firearm. THOMPSON faces up to 10 years in prison. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The GARRETT and THOMPSON cases will be prosecuted by Assistant U.S. Attorney Shawn A. Morgan.

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

 

 

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MARTINSBURG, WEST VIRGINIA – A West Virginia man who operated a dog fighting venture has been sentenced to twenty years in Federal prison.

United States Attorney William J. Ihlenfeld, II announced that TIMOTHY PAUL STEWART, age 35, of Piedmont, was sentenced to serve 240 months in prison as a result of his convictions earlier this year for “Possession of Dogs for Dog Fighting”, “Conspiracy to Distribute Crack Cocaine,” and “Felon in Possession of a Firearm.” U.S. District Court Judge Gina M. Groh presided.

 

According to U.S. Attorney Ihlenfeld, in October of 2013 agents served a federal drug trafficking indictment upon STEWART at his Mineral County home as well as multiple search warrants. While in the basement of STEWART’s residence agents observed evidence of an animal fighting venture including dogs, dog pelts, cages, and training equipment for the dogs. Officers also observed and seized approximately 25 grams of cocaine base, seven firearms and $3,968.00 in U.S. Currency. The cash recovered was forfeited to the United States as part of the plea agreement.

STEWART’s girlfriend, Shannon Marie BROADWATER, 33 years old and also of Piedmont, was sentenced by Judge Groh to 36 months in prison for her role in the sale of crack cocaine. She had previously been convicted of “Illegal Use of the Internet to Facilitate the Distribution of Crack Cocaine.”

This case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.

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WASHINGTON – Federal inmate Kevin Marquette Bellinger, a former resident of Washington, D.C., and an inmate at the United States Penitentiary in Hazelton, West Virginia, was convicted this week for the murder of another inmate after a 5-day federal jury trial before U.S. District Judge Irene M. Keeley of the Northern District of West Virginia.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and United States Attorney William J. Ihlenfeld, II, for the Northern District of West Virginia made the announcement.

Bellinger was convicted by a federal jury on June 16, 2014, on one count of murder by a federal prisoner serving a life sentence and one count of second degree murder in a federal facility for his role in the Oct. 7, 2007, murder of inmate Jesse Harris.

According to evidence presented at trial, during a move of inmates from the recreation yard back to their cells, Bellinger and a co-defendant left the yard ahead of the others and traveled to an intersection of two corridors in the prison facility, where they confronted Harris and stabbed him with shanks in an orchestrated attack. In less than a minute, an officer approached, and the attackers fled. Officers apprehended Bellinger after a short pursuit, but they did not recover his weapon. Surveillance footage of the attack showed Bellinger and his co-defendant engaged in a verbal exchange with Harris, followed by the two attackers wielding weapons and physically assaulting Harris, who was unarmed and backing away from them.

At the time of the murder, Bellinger was serving a life sentence for an assault with intent to kill that took place in 2000, and his co-defendant was serving a life sentence for two separate homicides that took place in 1997 and 2000.

Bellinger, who is in custody pending sentencing, faces a mandatory penalty of life in prison for his conviction of murder by a federal prisoner serving a life sentence and a term of years up to life imprisonment for his conviction of second degree murder.

This case was investigated by the FBI and the U.S. Bureau of Prisons. The case was prosecuted by Trial Attorney Richard Burns from the Capital Case Section of the Justice Department’s Criminal Division and Assistant U.S. Attorney Brandon Flower.

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WHEELING, WEST VIRGINIA – An Ohio man has been convicted on charges of distributing heroin in Hancock County, according to United States Attorney William J. Ihlenfeld, II.

Marcel D. WEAVER, age 29, of East Liverpool, Ohio, entered a plea of guilty before Magistrate Judge James E. Seibert to the distribution heroin within 1,000 feet of Allison Elementary School in Chester, West Virginia. WEAVER was part of a conspiracy to distribute heroin and other drugs in Hancock County and elsewhere between August and December of 2013.

WEAVER, who is in custody pending sentencing, faces up to forty years in prison, a $2 million dollar fine and six years of supervised release.

The case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Hancock Brooke-Weirton Drug and Violent Crimes Task Force, an Appalachia HIDTA-funded unit. The case began with a tip provided by the Youngstown, Ohio, office of the Drug Enforcement Administration (DEA).

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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CLARKSBURG, WEST VIRGINIA – A mother and son were convicted today in connection with the case of a West Virginia physician who is alleged to have prescribed painkillers for non-legitimate medical purposes, according to United States Attorney William J. Ihlenfeld, II.

Lois Ann CRITES, age 50, of Fairmont, West Virginia, who acted as office manager for Dr. Edita Milan, entered a plea of guilty to conspiracy to possess with intent to distribute and to distribute Schedule II and Schedule III controlled substances. CRITES admitted to phoning in prescriptions to pharmacies for numerous individuals to obtain Schedule II and Schedule III controlled substances without a valid medical reason. CRITES also admitted that she assisted Dr. Milan in falsifying the medical records of patients to attempt to justify the medical need for controlled substance prescriptions. CRITES became the office manager for Dr. Milan after CRITES’ sister, the former office manager, was sentenced to prison for drug activities connected to the same doctor’s office.

CRITES, who is free on bond pending sentencing, faces up to 20 years in prison.

Daniel J. QUIRK a/k/a “DJ,” age 30, of Fairmont, and the son of Lois CRITES, entered a plea of guilty to distribution of oxycodone. QUIRK admitted today to selling oxycodone pills in the parking lot of a Fairmont gas station in 2012. QUIRK also admitted that he had been regularly selling pills that he had received through Dr. Milan's office. QUIRK, who is free on bond pending sentencing, faces up to 10 years in prison.

Dr. Milan is presently under indictment and her trial is scheduled for later this year.

The case was prosecuted by Assistant United States Attorney John C. Parr and investigated by the Greater Harrison County Drug and Violent Crimes Task Force, which is comprised of officers and agents from the Bridgeport Police Department, the Clarksburg Police Department, the Drug Enforcement Administration, and the West Virginia State Police, along with support from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.

The guilty pleas were taken by U.S. Magistrate Judge John S. Kaull.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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ELKINS, WEST VIRGINIA – Eight individuals appeared before Chief Judge John Preston Bailey for sentencing, according to United States Attorney William J. Ihlenfeld, II.

Ricky Lee TOWNSEND, age 53, of Coxs Mills, West Virginia, was sentenced to 100 months in prison and three years of supervised release for possession of materials used in the manufacture of methamphetamine. The Court ordered that TOWNSEND’s sentence run concurrent with the Gilmer County state sentence he is currently serving on drug-related charges; therefore, TOWNSEND was remanded to state custody. This case was investigated by the West Virginia State Police.

Barbara Ann SPIVA, age 48, of Elkins, was sentenced to 37 months in prison and three years of supervised release for maintaining a drug-involved premise in Randolph County for the purpose of manufacturing, storing, distributing and using methamphetamine. SPIVA was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the Randolph County Sheriff’s Department and the West Virginia State Police.

The TOWNSEND and SPIVA cases were prosecuted by Assistant U.S. Attorney Stephen D. Warner.

Chad Frederick ARBOGAST, age 35, of Belington, West Virginia, was sentenced to 46 months in prison and three years of supervised release for the distribution of oxycodone on July 8, 2013. ARBOGAST who is free on bond, will self-report to the designated Federal institution on July 15, 2014.

Jonathan Scott HEALEY, age 30, of Elkins, was sentenced to 24 months in prison and one year of supervised release for the use of a communication device to facilitate a drug felony. The Court ordered that HEALEY’s sentence run consecutive to a state sentence he is currently servicing for 3rd degree shoplifting, and therefore, HEALEY was remanded to state custody.

Keith Allen POTEETE, age 48, of Elkins, was sentenced to 24 months in prison and four years of supervised release for the distribution of buprenorphine within 1,000 feet of the Davis

Street Park Playground. POTEETE, who is free on bond, will self-report to the designated Federal institution on July 15, 2014.

Charles Jacob FREEMAN, age 26, of Beverly, West Virginia, was sentenced to 12 months and 1 day in prison and four years of supervised release for the distribution of alprazolam within 1,000 feet of the Beverly Manor. FREEMAN, who is free on bond, will self-report to the designated Federal institution on July 15, 2014.

Kenneth Franklin PUDDER, age 32, of Elkins, was sentenced to three years of probation for maintaining a drug-involved premise for the purpose of unlawfully storing and distributing buprenorphine.

These cases were prosecuted by Assistant U.S. Attorneys Shawn A. Morgan and Stephen D. Warner and were the result of the work of the Mountain Region Drug and Violent Crime Task Force, consisting of officers from the West Virginia State Police-Bureau of Criminal Investigations, U.S. Forest Service, Randolph County Sheriff’s Department, Tucker County Sheriff’s Department and the DEA, assisted by the DEA Tactical Diversion Squad.

Ronald SNYDER, age 39, of Buckhannon, West Virginia, was sentenced to 24 months in prison and five years of supervised release for failure to update his sex offender registration. The Court ordered that SNYDER’s sentence be served consecutively with the state sentence he is currently serving for the delivery of marijuana, and therefore SNYDER was remanded to state custody. This case was prosecuted by Assistant U.S. Attorney Morgan and investigated by the United States Marshals Service and the West Virginia State Police.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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WHEELING, WEST VIRGINIA – An Ohio man has been indicted on charges of distributing heroin in Marshall County, according to United States Attorney William J. Ihlenfeld, II.

Lionel Jacquel “Kilo” HOLLINGSWORTH, 25 year old, of Marietta, OH, has been charged with two counts of “Distribution of Heroin”, one count of “Interstate Travel in Aid to a Racketeering Enterprise” and one count of “Use of a Telephone to Facilitate the Distribution of Heroin.”

HOLLINGSWORTH is alleged to have sold heroin in Moundsville, W. Va. on two occasions in November and December of 2013 to a confidential informant. He faces up to 20 years in prison for each distribution charge, up to 5 years in prison on the racketeering charge and up to 4 years in prison on the telephone count.

This case is being investigated by the Marshall County Drug Task Force, which includes officers and agents from the Glen Dale Police Department, the Marshall County Sheriff’s Department, the Moundsville Police Department, and the U.S. Drug Enforcement Administration.

Assistant U.S. Attorney Randolph J. Bernard is prosecuting the case on behalf of the government.

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. The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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ELKINS, WEST VIRGINIA – The former Sheriff of Barbour County, West Virginia, was sentenced to prison today for scheming to defraud an insurance company, according to United States Attorney William J. Ihlenfeld, II.

John W. Hawkins, 48 years of age, of Philippi, West Virginia, was ordered to serve 12 months and 1 day in prison as a result of his felony conviction for “Mail Fraud” in February. Hawkins, who resigned from his position as Barbour County Sheriff when he entered his guilty plea four months ago, will self-report to prison on in July. He must also make full restitution.

Hawkins admitted to staging an automobile accident in April of 2013 and then conspiring to fabricate a report for submission to Nationwide Insurance Company so that his claim would be approved. Hawkins agreed that he used the United States Mail to make a fraudulent claim in the amount of $8,262.65, which was paid to him by Nationwide last year.

United States Attorney Ihlenfeld and Assistant United States Attorney John C. Parr prosecuted the case on behalf of the government.

The case was investigated by the U.S. Attorney’s Office Public Corruption Unit. Agents and officers from the Federal Bureau of Investigation and the West Virginia State Police led the inquiry into Hawkins. Assistance was provided by the West Virginia Insurance Commission, Fraud Investigations Division.

Chief U.S. District Judge John Preston Bailey imposed a sentence above the advisory sentencing guideline range. Judge Bailey cited the betrayal of trust by Hawkins to the citizens of Barbour County as a reason for the increase sentence.

Ihlenfeld urges anyone with information regarding public corruption in their community to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS (855-982-3337), or to send an email to wvafeds@usdoj.gov.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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WHEELING, WEST VIRGINIA – Two Ohio Valley men have been convicted for their roles in a large prescription painkiller trafficking ring.

United States Attorney William J. Ihlenfeld, II announced that Jordan SORGE, age 22, of Wheeling, W.Va., and Richard W. HERCULES, 50, of McMechen, W. Va., entered guilty pleas before U.S. District Court Judge Frederick P. Stamp, Jr.

SORGE pleaded guilty to “Conspiracy to Use a Communication Facility to Facilitate the Distribution of a Controlled Substance.” HERCULES pleaded guilty to “Aiding and Abetting the Distribution of Oxycodone.”

SORGE faces up to 4 years in prison and a $500,000 fine. HERCULES faces up to 20 years and a $1 million fine.

SORGE and HERCULES were part of group of fifteen people who were indicted in February at the culmination of a sixteen month investigation into the redistribution of oxycodone and other prescription drugs that came to the Ohio Valley from northern Ohio and Detroit, Michigan. Over the course of the investigation thousands of pills were recovered by agents via controlled purchases and court-authorized searches.
The cases were investigated by the Ohio Valley Drug Task Force, which includes officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police-BCI, and the U.S. Drug Enforcement Administration.

Assistant United States Attorney John C. Parr is prosecuting the cases on behalf of the government.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Matthew Lyman, Public Affairs Specialist/Community Outreach Coordinator

WHEELING, WEST VIRGINIA – Two Brooke County men have been charged with the illegal possession of firearms, according to United States Attorney William J. Ihlenfeld, II.

Ian K. SAUNDERS, 34 and Mark CAMPBELL, 22, both of Follansbee, W. Va. were each indicted on one count of “Unlawful Drug User and Addict in Possession of a Firearm” and one count of “Possession of a Stolen Firearm.” The Indictment alleges that both men are addicted to heroin and came into possession of the stolen firearms in January of 2014.

Each count carries a penalty of up to 10 years in prison.

This case is being investigated by officers and agents from the Bureau of Alcohol, Tobacco and Firearms (ATF), the Brooke County Sheriff’s Department and the Weirton Police Department. Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government.

In other indictments returned by the Wheeling Grand Jury:

• Wilbur W. BARR, 22 of Wheeling, W. Va., was charged with one count each of “Unlawful Drug User and Addict in Possession of a Firearm”, “Possession of a Stolen Firearm”, and “Possession of a Firearm with an Obliterated Serial Number.” BARR is alleged to be addicted to methamphetamine.

This case is being investigated by the ATF and the Ohio Valley Drug and Violent Crime Task Force. AUSA Vogrin is prosecuting the case for the government, and BARR faces up to twenty five years in prison

• Christopher N. GRAHAM, 37 of Jodie, W. Va., was charged with one count of “Prohibited Person in Possession of a Firearm.” GRAHAM has a previous felony conviction in the State of Arizona for Burglary. He faces up to 10 years in prison.

This case is being investigated by the Ohio County Sheriff’s Department and the ATF. AUSA Vogrin is prosecuting the case for the government.

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 each defendant. The charges contained in the Indictments are merely accusations, and each defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Matthew Lyman, Public Affairs Specialist/Community Outreach Coordinator

WHEELING, WEST VIRGINA – A West Virginia pharmacy and several of its employees have paid $2 million to end a Federal investigation into its operation.

United States Attorney William J. Ihlenfeld, II announced today a $2 million civil settlement with Judy’s Drug Store, Inc., Darin Judy, Emily Judy, Kimberly Arbaugh and Casey Watts.

Judy’s Drug Store is a privately owned pharmacy located in Petersburg, Grant County, West Virginia. Darin Judy is a manager of the Drug Store. Emily Judy is the president of Judy’s Drug Store, Inc. and works as a pharmacist. Arbaugh and Watts both work there as pharmacists.

As part of the settlement Judy’s Drug Store and the identified individuals have paid $2 million to the United States to settle accusations the Drug Store repeatedly filled prescriptions for controlled substances, such as oxycodone and hydromorphone, not written for legitimate medical purposes. The pharmacists filled these prescriptions outside the scope of professional practice.

“This is another important step in our efforts to prevent prescription painkillers from being diverted and used for improper purposes,” said U.S. Attorney Ihlenfeld. “We used both our criminal and civil authority to accomplish our mission in this case, and we would have sought criminal charges against one of the pharmacists involved had he not passed away.”

The federal investigation into Judy’s Drug Store arose after the U.S. Attorney’s Office prosecuted and obtained a conviction against Hardy County, West Virginia physician, Rajan Masih, in 2011. Dr. Masih was convicted of distributing controlled substances for other than legitimate medical purposes and outside the scope of professional practice. Dr. Masih wrote many of the prescriptions for controlled substances improperly filled by Judy’s Drug Store.

“Today’s settlement serves as a warning to those who are driven by greed that distracts them from their responsibilities to the very communities in which they live and work. The citizens of Grant County should be able to walk their streets and go about daily activities with their families without fear or exposure to drug related activity resulting from suspect dispensing of controlled substance pharmaceuticals,” said Karl C. Colder, Special Agent in Charge of the U.S. Drug Enforcement Administration, Washington, D.C. Field Division.

Assistant United States Attorney Alan G. McGonigal handled this matter, in coordination with the Office of the Inspector General of the U.S. Drug Enforcement Agency.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
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CLARKSBURG, WEST VIRGINA – A Bridgeport, W. Va., man has been charged with falsifying documents in order to enhance his Veteran’s Administration (VA) disability benefits, as well as fraudulently obtaining controlled substances from the VA.

United States Attorney William J. Ihlenfeld, II announced that Thomas Cueto, 65, was indicted on one count of theft of government funds and nine counts of obtaining controlled substances by fraud.

Cueto, who served in the U.S. Army from 1969, to 1972, including time spent in Vietnam, was awarded disability benefits in 1999 for service-connected post-traumatic stress disorder. Since 1999, Cueto has collected more than $480,000 in VA benefits.

The Indictment returned today alleges Cueto falsely claimed on his Report of Discharge from the Armed Forces of the United States (also known as a “DD-214”) to have earned the following awards: a Combat Infantry Badge, Bronze Star with V-Device, Purple Heart and Vietnamese Cross of Gallantry. It’s also alleged that Cueto submitted a counterfeit Purple Heart certificate and other misleading documents to show he was injured in combat.

Cueto is also alleged to have misled VA medical personnel in order to obtain Methadone HCL and Hydrocodone, both of which are Schedule II controlled substances. He was allegedly receiving narcotics from private medical providers, but advised VA medical personnel he had not previously received the drugs from any other source. The Indictment alleges Cueto was fraudulently obtaining the narcotics between 2010 and 2012.

The case will be prosecuted by Assistant U.S. Attorneys Brandon S. Flower and Andrew R. Cogar.
It is being investigated by the VA Office of Inspector General.

Cueto faces up to 10 years in prison on the theft of Government funds charge and up to 4 years on each of the controlled substance violations. The U.S. Attorney’s Office is seeking a money judgment against Cueto in the amount of $480,000.

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. The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Matthew Lyman, Public Affairs Specialist/Community Outreach Coordinator

CLARKSBURG, WEST VIRGINA – A West Virginia pharmacist has been indicted on charges that he dispensed prescription painkillers outside the scope of his professional practice.

United States Attorney William J. Ihlenfeld, II announced that Mario Blount, 51 of Bridgeport, W. Va., was arrested this morning on charges of conspiracy to possess and distribute schedule II controlled substances, distribution of oxycodone and failure to report the filling of a prescription.

Blount, who is employed by Best Care Pharmacy, is alleged to have conspired with two other individuals over the last three years to distribute prescription painkillers for non-legitimate medical purposes.

Angela Davis, 50, also of Bridgeport, W. Va. and her daughter, April Davis, 23 of Marietta, Ga, are charged with conspiring with Blount to possess and distribute oxycodone and other prescription painkillers. Angela Davis has also been charged with attempting to fraudulently obtain controlled substances and with the attempted distribution of oxycodone.

The Greater Harrison County Drug Task Force executed search warrants in October 2013 at Best Care pharmacy locations in the West Virginia towns of Bridgeport, Lumberport and Belington.
The evidence gathered during those searches was used to bring charges against Blount and his co-conspirators. The Task Force includes agents and officers from the: Bridgeport Police Department, Clarksburg Police Department, the West Virginia State Police – Bureau of Criminal Investigation (BCI), and the Drug Enforcement Administration.

“Mr. Blount abused the trust of the citizens of Bridgeport and the customers at Best Care Pharmacy. These arrests serve as a warning that the illicit distribution of controlled substances will not be tolerated in Harrison County,” said Karl C. Colder, Special Agent in Charge, Drug Enforcement Administration, Washington D.C. Field Division. “Over approximately three years, Mr. Blount illegally dispensed over 11,000 oxycodone and oxymorphone pills. Today’s arrests are the culmination of a ten month investigation, which truly exemplifies the strong working partnership between DEA and the Greater Harrison County Drug Task Force,” concluded Colder.

Blount faces up to 20 years in prison on the conspiracy and distribution charges and up to 4 years on the failure to report a prescription charge. Angela Davis and April Davis 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 defendant. The charges contained in the Indictment are merely accusations, and each defendant is presumed innocent unless and until proven guilty.

The case will be prosecuted by Assistant U.S. Attorney, John C. Parr.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA — A New York man has been indicted for allegedly bringing counterfeit goods to Wheeling to sell at a Christmas show last November.

United States Attorney William J. Ihlenfeld, II, announced that Xian Chen CHEN, age 37, of New York, was named in a 9-count Indictment charging him with “Trafficking in Counterfeit Goods.” It is alleged that on November 13, 2013, CHEN attempted to traffic in goods containing counterfeit marks, including goods purported to be from Beats Electronics, LLC, Chanel, Inc., Coach Services, Inc., Gucci America, Inc., Louis Vuitton Malletier, Michael Kors, LLC, The North Face Apparel Corp., Tiffany (NJ) LLC, and Tory Burch L.L.C. The marks are and were registered for those goods on the principal register of the United States Patent and Trademark Office, the use of which being likely to cause confusion, mistake and to deceive.

CHEN faces up to 10 years in prison on each count. The U.S. Attorney’s Office is also seeking to forfeit all articles and property used to commit and facilitate the offense.

It was investigated by the Mountaineer Highway Interdiction Team (MHIT) and by U.S. Immigration and Customs Enforcement, Homeland Security Investigations. MHIT is comprised of officers and agents from the West Virginia State Police, the Ohio County Sheriff’s Department, the Wheeling Police Department, and the Drug Enforcement Administration. MHIT is a part of the Appalachia High Intensity Drug Trafficking Area (AHIDTA) initiative and as a result receives federal funding to support its efforts.

This case will be prosecuted by Assistant United States Attorney Randolph J. Bernard.

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

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MHIT leaders announce anti-drug enforcement efforts

WHEELING, WEST VIRGINIA – Wheeling Police Chief Shawn Schwertfeger, Ohio County Sheriff Pat Butler and Captain James Merrill of the West Virginia State Police today announced the results of an enhanced operation by the Mountaineer Highway Interdiction Team (MHIT) that occurred over the past week in Ohio County.

Leaders of the MHIT agencies explained that a “Blitz”, or saturation patrol, took place between May 19 and May 23 with increased patrols on highways and secondary roads throughout the area. Neighborhoods in Ohio County received extra attention as part of the project, as did parcels and packages that were being shipped to and from Northern West Virginia. In addition to the regular members of the MHIT team, additional officers participated in the saturation patrols last week.

Captain Merrill of the State Police explained that as a result of the effort last week, forty- nine felony and misdemeanor arrests were made and eighty-two citations were issued. Substances recovered included prescription painkillers, psilocybin, and marijuana. Officers also conducted warrant service throughout the area.

“The MHIT team paid extra attention to certain areas of the City last week based upon what we’ve been hearing from members of the community,” said Chief Schwertfeger. “I look forward to organizing enhanced patrols like this one again in the future so that we can continue to identify hot spots and keep Wheeling safe.”

The leaders of MHIT explained that the resources now available to the team on a regular basis include four officers – two of which are K-9 handlers – along with regular support from the Drug Enforcement Administration. The agencies involved have been very pleased with the team approach to interdiction.

“MHIT allows us to increase the presence of law enforcement on our roadways and it also serves as a partner to the Ohio Valley Drug Task Force,” said Sheriff Butler. “The MHIT officers coordinate with the Task Force officers to combat drug traffickers who attempt to operate in the region.”

The MHIT leaders also discussed results for the first four months of this year. Between January and April of 2014, MHIT officers made fifty-three felony arrests, sixty-seven misdemeanor arrests, and issued fifty-four misdemeanor citations. A total of seventy-nine searches were conducted during that time period, including forty-five by K-9 units. Drugs valued at $62,493 were seized, and cash connected to criminal activity in the amount of
$113,431 has been seized and either will be forfeited or has already been returned to crime victims.

MHIT’s primary purpose is to enhance regional interdiction operations in order to slow the flow of illegal drugs into and through the State of West Virginia. The major focus of MHIT is on highways and state routes but it also concentrates on airports, bus terminals, hotels, motels and parcel and package interdiction. Besides enhancing regional highway interdiction operations, MHIT has the added benefit of preserving citizen safety on West Virginia highways through effective traffic and commercial vehicle enforcement. MHIT also assists in investigating kidnapings, bank robberies, carjackings, Amber Alerts and interstate theft; the detection and enforcement of firearms and explosives; human trafficking and immigration violations; and with fugitive apprehension.

MHIT receives federal funding from the Appalachia High Intensity Drug Trafficking
Area (AHIDTA) initiative.

Regular updates on the work of MHIT will be made via press releases from its member agencies as well as via the official Twitter feed of the United States Attorney’s Office, @NDWVnews.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA — Two Wheeling Park students were recognized today as the winners of the annual Drug Free Clubs of America essay contest. Senior Kerri Smith won first place and was awarded a $500 college scholarship and a special award from the Department of Justice. Shayla McFarland was the runner-up in the contest, which asked club members to discuss the negative impact that marijuana can have upon young people.

Honorable mention winners included Betsy Brossman and Maggie Childers of Wheeling Park High School; Hannah Mozingo of Wheeling Central Catholic High School; Lauren Cline and Shelby Sands, Magnolia High School; and Katelin Bales, Cameron High School.

Drug Free Clubs of America has chapters throughout Northern West Virginia which help students to remain drug-free. The group rewards good choices and empowers members with effective prevention tools to keep them on the right track. Members voluntarily submit to random drug screenings throughout the school year.

William Ihlenfeld, II, United States Attorney for the Northern District, David Robinson of the Wheeling Elks Lodge No. 28, and Bruce Archer of Wheeling Hospital presented the awards to the winners.

Pictured left to right
Wheeling Park Senior Kerri Smith & U.S. Attorney William Ihlenfeld, II

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Board Members announce results of extra patrols

BRIDGEPORT, WEST VIRGINIA – Bridgeport Police Chief John Walker, Clarksburg Police Chief Robbie Hilliard, and Captain James Merrill of the West Virginia State Police today announced the results of an enhanced operation by the Mountaineer Highway Interdiction Team (MHIT South) that occurred over the past week in Harrison County.

Leaders of the MHIT South agencies explained that a “Blitz”, or saturation patrol, took place between May 19 and May 22 with increased patrols on highways and secondary roads throughout the area. Neighborhoods in Harrison County received extra attention as part of the project, as did parcels and packages that were being shipped to and from Northern West Virginia. In addition to the three regular members of MHIT South, an additional twenty-three officers participated in the saturation patrols this week.

Captain Merrill explained that as a result of the effort, five felony charges and eleven misdemeanor charges were filed, and sixty-eight citations were issued. There were also arrests for driving under the influence, transferring stolen property, and a fugitive warrant was served. Drugs with a street value of $48,060 were recovered, and one active felony warrant was served. Substances recovered included heroin, synthetic cathinones, and marijuana.

“We listened to our citizens and increased our presence in certain hot spots in the county,” said Chief Walker. “I encourage the public to continue to make us aware of areas that need extra patrols. While MHIT South will continue to operate on a daily basis, we look forward to organizing enhanced patrols like this one again in the future.”

The leaders of MHIT South explained that the resources now available to the team on a regular basis include three officers and two K-9 handlers. The agencies involved have been very pleased with the team approach to interdiction.

“MHIT South increases our presence on local roadways and serves as a partner for the Greater Harrison Drug and Violent Crimes Task Force,” said Captain Merrill. “We work with the Task Force every day to disrupt drug trafficking organizations that attempt to operate in the region.”

Between February 1 and May of 2014, MHIT South officers have filed twenty felony charges, thirty-nine misdemeanor charges, and have issued thirty-six misdemeanor citations. Nearly one hundred searches have been conducted, including sixty-three by K-9 units. Marijuana worth $18,765.00 has been seized, and other drugs valued at $37,690 have been seized.

MHIT’s primary purpose is to enhance regional interdiction operations in order to slow the flow of illegal drugs into and through the State of West Virginia. The major focus of MHIT South is on highways and state routes but it also concentrates on airports, bus terminals, hotels, motels and parcel and package interdiction.

Besides enhancing regional highway interdiction operations, MHIT South has the added benefit of preserving citizen safety on West Virginia highways through effective traffic and commercial vehicle enforcement. MHIT South also assists in investigating kidnapings, bank robberies, carjackings, Amber Alerts and interstate theft; the detection and enforcement of firearms and explosives; human trafficking and immigration violations; and fugitive apprehension.

Regular updates on the work of MHIT South will be made via press releases from its member agencies as well as via the official Twitter feed of the United States Attorney’s Office, @NDWVnews.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of April, fifteen (15) individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)

James Arthur STEVENS, age 25, of Morgantown, West Virginia, was sentenced to 30 months in prison for failure to report to probation officer, failure to report change of address, failure to notify probation officer of law enforcement contact and fleeing from officer. STEVENS was originally sentenced on July 25, 2011, to 21 months in prison and six years of supervised release for distribution of heroin within 1,000 feet of a protected location. On July 18, 2013, STEVENS’ supervised release was revoked and he was sentenced to 6 months in prison and 66 months of supervised release for use of a controlled substance and failure to complete drug treatment. STEVENS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Jesse James ROTON, age 46, was sentenced to 24 months in prison for failure to reside at Dismas Charities in St. Albans, West Virginia, and failure to notify probation officer prior to change in residence. ROTON was originally sentenced on May 19, 2011, to 33 months in prison and ten years of supervised release for failure to update sex offender registration. ROTON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Richael DOBBS, age 47, of Fairmont, West Virginia, was sentenced to 15 months in prison for possession and distribution of cocaine, failure to attend substance abuse counseling, failure to submit monthly report forms and associating with a convicted felon. DOBBS was originally sentenced on March 6, 2008, to 78 months in prison and six years of supervised release for the distribution of cocaine and the distribution of crack cocaine within 1,000 feet of a school and playground. In November of 2011, DOBBS’ sentence was reduced to 45 months in prison pursuant to the crack resentencing guidelines. On October 10, 2012, DOBBS’ supervised release was revoked and she was sentenced to 14 months in prison and 58 months of supervised release for possession and use of a controlled substance and alcohol and failure to report for drug testing. DOBBS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Keith A. VALENTINE, age 35, was sentenced to 10 months in prison for failure to abide by rules and regulations of Dismas Charities in St. Albans, West Virginia. VALENTINE was originally sentenced on March 14, 2013, to 21 months in prison and six months of supervised release for failure to update sex offender registration. VALENTINE was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Lateef Jamal LINGHAM, age 39, of Marietta, Ohio, was sentenced to 6 months in prison for failure to notify probation officer of change of residence, failure to submit monthly report forms, testing positive for the use of cocaine and associating with a convicted felon. LINGHAM was originally sentenced on February 21, 2008, to 108 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a playground. In November of 2011, LINGHAM’s sentence was reduced to 70 months pursuant to the crack resentencing guidelines. LINGHAM was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Larry Donald SANDY, age 46, of Rosedale, West Virginia, was sentenced to 4 months in prison for possession and use of a controlled substance. SANDY was originally sentenced on August 8, 2012, to 12 months and 1 day in prison and four years of supervised release for manufacturing marijuana. SANDY, who is on bond, will self-report to the designated Federal institution.

Keith LEAVENGOOD, age 47, of Metz, West Virginia, was sentenced to 3 months in prison and 45 months of supervised release for possession and purchase of synthetic marijuana, frequenting places that sell or distribute synthetic marijuana, associating with convicted felon, engaging in illegal conduct and failure to report for drug testing. LEAVENGOOD was originally sentenced on October 11, 2012, to 12 months in prison and four years of supervised release for the distribution of hydrocodone and alprazolam within 1,000 feet of a protected location. LEAVENGOOD, who is on bond, will self-report to the designated Federal institution.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)

Damon Lucky MITCHELL, age 36, of Martinsburg was sentenced to 14 months in prison for testing positive for the use of marijuana and cocaine, submitting untruthful monthly report form and failure to follow the instructions of the probation officer. MITCHELL was originally sentenced on October 25, 2000, to 219 months in prison and three years of supervised release for the distribution of crack cocaine. In February of 2009, MITCHELL’s sentence was reduced to 177 months in prison and in November of 2011, MITCHELL’s sentence was reduced to 141 months in prison pursuant to the crack resentencing guidelines. On May 23, 2013, MITCHELL’s supervised release was revoked and he was sentenced to 8 months in prison and 28 months of supervised release for testing positive for the use of marijuana and failure to notify probation officer of change of address. MITCHELL was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Colton Lamar PITMAN, age 25, of Charles Town, West Virginia, was sentenced to 14 months in prison failure to be truthful with probation office, associating with convicted felon, use of synthetic marijuana, possession of heroin, failure to participate in drug treatment and failure to report to probation office. PITMAN was originally sentenced on January 27, 2011, to 10 months in prison and three years of supervised release for the distribution of cocaine. On November 29, 2012, PITMAN’s supervised release was revoked and he was sentenced to 8 months in prison and 28 months of supervised release for possession of drug paraphernalia, use of marijuana and illegally obtaining prescription pills. PITMAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Matthew Richard PACK, age 28, of Martinsburg, was sentenced to 10 months imprisonment for failure to submit monthly report form, failure to notify probation officer of change of residence and employment, failure to make monthly restitution payments and failure to report for drug testing. PACK was originally sentenced on December 12, 2007, to 51 months in prison and three years of supervised release for theft of firearms from a licensed dealer. On August 10, 2012, PACK’s supervised release was revoked and he was sentenced to 7 months in prison and 29 months of supervised release for committing a new offense of domestic battery. PACK was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Marcel Quinton CRAIG, age 25, of Charles Town, was sentenced to 8 months in prison for failure to follow probation officer’s instructions, associating with a convicted felon and new misdemeanor charges for failure to maintain control and leaving the scene of an accident with property damage. CRAIG was originally sentenced on January 26, 2011, to 18 months in prison and four years of supervised release for the distribution of crack cocaine. On November 29, 2012, CRAIG’s supervised release was revoked and he was sentenced to six months in prison and 30 months of supervised release for possession of marijuana, drug paraphernalia and crack cocaine; associating with convicted felons and testing positive for the use of marijuana. CRAIG was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Orson NOEL, age 28, formerly of Brooklyn, New York, was sentenced to 7 months in prison and 38 months of supervised release for testing positive for the use of marijuana, failure to participate in drug treatment, failure to report to probation officer and failure to submit monthly report forms. NOEL was originally sentenced on January 24, 2011, to 24 months in prison and three years of supervised release for possession with intent to distribute crack cocaine. NOEL was remanded to the custody of the United States Marshal pending designation to a Federal institution.

Christina SAYLOR, age 27, of Kearneysville, West Virginia, was sentenced to 6 months in prison for testing positive for the use of heroin and morphine. SAYLOR was originally sentenced on July 27, 2010, to 15 months in prison and six years of supervised release for the distribution of heroin. On December 14, 2011, SAYLOR’s supervised release was revoked and she was sentenced to six months in prison and 66 months of supervised release for failure to report to probation officer and submit a truthful monthly report form and testing positive for the use of morphine. On September 11, 2012, SAYLOR’s supervised release was again revoked and she was sentenced to 10 months in prison and 56 months of supervised release for being untruthful with probation officer concerning contact with co-defendant, avoiding probation officer during attempted home visits and use of heroin and morphine. SAYLOR was remanded to the custody of the United States Marshal pending designation to a Federal institution.

WHEELING DIVISION REVOCATIONS (Judge Frederick P. Stamp, Jr.)

David MCGOWAN, age 49, of Follansbee, West Virginia, was sentenced to 7 months in prison for failure to report for drug testing, use and possession of morphine and oxycodone and unsuccessful discharge from residential drug treatment. MCGOWAN was originally sentenced on July 18, 2011, to 1 day in prison and three years of supervised release. On July 15, 2013, MCGOWAN’s supervised release was revoked and he was sentence to 2 months in prison and 30 months of supervised release for possession and use of oxycodone. MCGOWAN, who is on bond, will self-report to the designated Federal institution.

ELKINS DIVISION REVOCATIONS (Chief Judge John Preston Bailey)

Tobias L. BENNETT, age 40, of Buckhannon, West Virginia, was sentenced to 12 months and 1 day in prison for failure to answer truthfully all inquiries of the probation officer, failure to notify probation officer of change in residence or employment, failure to participate in drug and alcohol treatment, possession of controlled substances, excessive use of alcohol and frequenting places where controlled substances are illegal used. BENNETT was originally sentenced on December 22, 2009, to 46 months in prison and three years of supervised release for conspiracy to possession equipment and chemicals to manufacture methamphetamine. BENNETT was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the revocation hearings by Assistant U.S. Attorneys Zelda E. Wesley, Stephen D. Warner, Shawn A. Morgan, Brandon S. Flower, Paul T. Camilletti and Randolph J. Bernard

The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA – A former vice-president at Fairmont State University has been sentenced to federal prison for stealing over $1.3 million dollars from the school.

United States Attorney William J. Ihlenfeld, II announced that David A. TAMM, age 45, of Parkersburg, West Virginia, was sentenced to 46 months in prison as a result of his convictions for “Embezzlement from State Agency Receiving Federal Funds” and “Making and Subscribing a False Tax Return for Tax Year 2012.” U.S. District Judge Irene Keeley imposed the punishment today at a sentencing hearing in Elkins.

TAMM, a former vice-president at Fairmont State University, was convicted of stealing funds from the school through the use of state-issued purchasing cards. TAMM admitted that from October of 2007 until January of 2013, he embezzled and stole funds from Fairmont State, including funds from federal education grants. TAMM, who served as Chief Information Officer at the school, also admitted to filing a false tax return for the 2012 tax year by reporting substantially less income than he had actually received.

The Court ordered TAMM to make restitution in the amount of $1,324,191.04 to Fairmont State University and $224,759 to the IRS for back takes. The Court also imposed a money judgment in the amount of $639,174.33. TAMM, who is on bond, will self-report to prison next month.

The investigation revealed that TAMM purchased hundreds of computer switches with purchasing cards and then resold them for cash. The cash was then used by TAMM to purchase luxury automobiles, a $435,000 home in Bridgeport, West Virginia, and other expensive items. TAMM also used a purchasing card to acquire high-end electronics for his personal use.

This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-CI, the West Virginia Commission on Special Investigations and the Fairmont State University Police.

If anyone has information regarding public corruption in their community they are encouraged to call the West Virginia Public Corruption Hotline at 1-855-WVA-FEDS (1-855-982-3337), or to send an email to wvafeds@usdoj.gov.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WV – A Wheeling man who was selling cocaine and heroin from a local hotel was sentenced by Judge Frederick P. Stamp, Jr.

United States Attorney William J. Ihlenfeld, II, announced that Dale A. DAVIS, also known as “Big Loc”, age 36, was sentenced to 101 months in prison for “Possession with Intent to Distribute Crack Cocaine” and “Possession of a Firearm in Furtherance of a Drug Trafficking Offense.” In August of 2013 the Ohio Valley Drug Task Force utilized an informant to make controlled purchases of cocaine and heroin from DAVIS at the Knights Inn (formerly the Wheeling Inn) on Main Street in Wheeling. After the controlled purchases were made the Task Force obtained a search warrant for the hotel room and DAVIS was found to have a 9mm pistol, cocaine, heroin, and approximately $2,400 in cash.

DAVIS was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was prosecuted by Ihlenfeld.

In other court proceedings before Chief Judge John Preston Bailey, Ihlenfeld announced that:

Scott D. MCDONOUGH, age 50, of Martinsburg, West Virginia, was sentenced to 41 months in prison for his conviction of “Felon in Possession of Firearms.” MCDONOUGH agreed to abandon his interest in 22 firearms. MCDONOUGH, who is free on bond, will self-report to the designated Federal institution on June 5, 2014. This case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

James CASIMIRO, III, age 37, of Ranson, West Virginia, was sentenced to 6 months in prison for the “Distribution of Oxycodone.” CASIMIRO, a former assistant county prosecutor admitted to obtaining the painkillers from a cancer patient and then selling them for profit. The investigation involved the use of a confidential informant who made purchases of oxycodone tablets from CASIMIRO in May and June of 2013, a time period during which he was still employed as a prosecutor.

This case was investigated by the Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crimes Task Force. It was prosecuted by Assistant U.S. Attorney Paul T. Camilletti.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA – Mitch BROZIK, a 52-year old Morgantown, West Virginia, resident appeared in United States District Court before Magistrate Judge John S. Kaull and entered a plea of guilty to “Obstructing and Impeding the Administration of the Internal Revenue Service.” Between 2005 and 2010, BROZIK concealed a corporate bank account that he used for personal expenses, providing inaccurate tax information to his personal accountants. BROZIK also made false statements to IRS Special Agents about the accuracy of his personal tax returns, his knowledge of personal expenses charged to corporate credit cards, and the existence of a corporate bank account that was not included in corporate records. BROZIK, who is free on bond, faces up to 3 years in prison.

This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the Internal Revenue Service-Criminal Investigations.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA – A Deputy U. S. Marshal was recognized for his significant investigative efforts leading to the apprehension of a federal fugitive.

United States Attorney William J. Ihlenfeld, II, recognized Deputy U. S. Marshal Wesley Fred Frederick at the U.S. Attorney’s Award ceremony held in Wheeling. DUSM Frederick was honored for going above and beyond the call of duty in locating a defendant who fled the Clarksburg area on the eve of his trial for involvement in a large-scale “bath salts” and synthetic marijuana distribution conspiracy. After eight months of reviewing records, interviewing and re-interviewing persons with information, the defendant was apprehended at a remote cabin in New Mexico. Thanks to the outstanding efforts of DUSM Frederick, the defendant is now in federal custody pending trial.

“My congratulations go out to Deputy Marshal Wesley "Fred" Frederick in being recognized by the United States Attorney's Office for the Northern District of West Virginia for his contributions to law enforcement and his relentless pursuit of fugitives,” stated U. S. Marshal Gary M. Gaskins. “DUSM Frederick was honored for his tenacity and determination in hunting down a fugitive after eight months on the run. It was DUSM Frederick's many hours of hard work and never giving up that located this individual in holding true in the Marshals Service motto, that you can run but can't hide. I am extremely proud of DUSM Frederick for his performance and dedication during this fugitive investigation."

The ceremony included remarks from U.S. District Court Judge Frederick P. Stamp, Jr. and the presence of many local, state and federal law enforcement leaders from throughout
West Virginia.

The individuals included in the photo are Criminal Chief Shawn Angus Morgan; DUSM Wesley Fred Frederick; U. S. Attorney William J. Ihlenfeld, II.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA — Seven Central West Virginia men have been indicted on federal drug charges alleging a conspiracy to distribute prescription painkillers, as well as other related drug charges.

United States Attorney William J. Ihlenfeld, II, announced that Jason MARPLE, age 35, of Clarksburg, West Virginia; Casey SEARCY, age 33, of Salem, West Virginia; Christopher Michael WALLS, age 29, of Clarksburg; Chad Alton REGISTER, age 31, of Anmoore, West Virginia; Russell POWERS, also known as Rusty, age 49, of Clarksburg; George POWERS, age 34, of Clarksburg; and Dedreayl MADDOX, also known as “D,” age 29, of Fairmont, West Virginia, were named in a fifteen count superseding indictment charging them with “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.” The superseding indictment also alleges additional counts of “Distribution of Oxycodone,” “Distribution of Oxycodone within 1,000 Feet of a Playground,” “Possession of a Firearm in Furtherance of a Drug Trafficking Crime,” and “Maintaining Drug-Involved Premises.”

SEARCY is charged with two counts of “Distribution of Oxycodone within 1,000 Feet of a Playground,” which doubles the penalty; three counts of “Distribution of Oxycodone;” one count of “Possession with Intent to Distribute Oxycodone;” and one count of “Maintaining a Drug-Involved Premise.”

MARPLE is charged with two counts of “Distribution of Oxycodone within 1,000 Feet of a Playground,” which doubles the penalty; two counts of “Distribution of Oxycodone;” and one count of “Knowingly Using a Firearm in Furtherance of a Drug Trafficking Crime.”

REGISTER is charged with one three counts of “Distribution of Oxycodone,” and one count of “Possession with Intent to Distribute Oxycodone.”

Russell POWERS and George POWERS are each charged with “Possession with Intent to Distribute Oxycodone,” and one count of “Maintaining a Drug-Involved Premise.”

WALLS is charged with one count of “Distribution of Oxycodone.”

The Superseding Indictment also carries a forfeiture allegation wherein the United States seeks to forfeit $1,886 in United States Currency; a 2003 Harley Davidson Heritage Softtail motorcycle; firearms; and tools that were seized from the defendants and derived from proceeds obtained directly from the offenses alleged in the Superseding Indictment.

The conspiracy, distribution, possession, and drug-involved premises counts carry a penalty of up to twenty years imprisonment; the distribution counts within 1,000 feet of a playground carry a penalty of up to forty years imprisonment; and the firearm charge carries a minimum penalty of five years imprisonment.

The case will be prosecuted by Assistant United States Attorney Shawn A. Morgan, and was investigated by the Greater Harrison County Drug & Violent Crime Task Force. A Superseding Indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty.