Southern District of West Virginia

CHARLESTON, W.Va. – A thirty-five-year-old man who possessed a total of more than $20,000 in cash and nearly a half-kilogram of cocaine inside of his Charleston residence was sentenced today to 46 months in federal prison, announced U.S. Attorney Booth Goodwin.  Jason McGhee, 35, previously pleaded guilty in July to possession with intent to distribute cocaine.  On April 24, 2013, a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) arranged to purchase cocaine from McGhee. The police informant later arrived at McGhee’s residence and gave the defendant $2400 in pre-recorded buy money to fulfill a previous drug debt.  A short time later, McGhee handed the informant five ounces of suspected cocaine.  The informant later turned the suspected cocaine over to law enforcement agents.  The suspected cocaine was tested by police and proved to be 146 grams of cocaine. 
Following the controlled drug transaction between McGhee and the informant, police executed a search warrant on the defendant’s residence.  During the search of the residence, police found $2400 in pre-recorded currency that was used as part of a previous controlled drug transaction, an additional $17,800 in cash, two sets of digital scales and approximately 499 grams of cocaine. 

In total, McGhee is responsible for distributing a total of at least two kilograms but less than 3.5 kilograms of cocaine in and around Charleston. 

The investigation was conducted by MDENT and the Drug Enforcement Administration.  Assistant United States Attorney Monica D. Coleman handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston in Charleston.

Michael Sparks is the third former Mingo official to plead guilty in connection with federal corruption probe

*Audio clip included*

CHARLESTON, W.Va. - Former Mingo County Prosecuting Attrorney C. Michael Sparks entered a guilty plea in federal court in connection with a conspiracy to deprive a Mingo County resident of his constitutional rights, U.S. Attorney Booth Goodwin announced today. Sparks, 44, is the third former Mingo County official to plead guilty to federal charges involving a scheme to cover up evidence of illegal drug use and other misconduct by late Mingo County Sheriff Eugene Crum.

U.S. Attorney Booth Goodwin said, “Prosecutors are the representatives of the people. Instead of advancing the interests of the good people of Mingo County, Mr. Sparks chose to roll over for the special interests of a corrupt political faction.”

Earlier this year, a Mingo County drug defendant, identified as “G.W.,” began to provide the Federal Bureau of Investigation (FBI) with information about misconduct by then Sheriff Crum, including illegal drug use and election law violations. Crum learned that G.W., along with G.W.’s attorney, were providing information about Crum to the FBI. Crum and other Mingo elected officials, including Sparks and former Mingo Co. Circuit Judge Michael Thornsbury, carried out a plan to protect Crum and to stop G.W. from informing to the FBI. They arranged to offer G.W. a favorable plea deal if he would fire his attorney, identified as “C.W.,” who was assisting G.W.’s communication with federal authorities, and replace him with an attorney chosen by Crum and the other elected officials.

After G.W. fired C.W., Mr. Sparks entered into a plea agreement with G.W. under which three of five criminal counts pending against G.W. were dismissed. As part of the plea agreement, Mr. Sparks also accepted a forfeiture from G.W. of $10,000, which was $10,000 less than the forfeiture Mr. Sparks originally intended to seek from G.W. Moreover, as part of the agreement, Mr. Sparks agreed to recommend that the sentences for the two counts to which G.W. would plead guilty would run concurrently rather than consecutively. Mr. Sparks negotiated this plea agreement in part with former Mingo County Commissioner David Baisden himself and, at Baisden's behest, entered into a plea agreement more favorable that he otherwise would have. Mr. Sparks did these acts knowing that a more favorable agreement for G.W. was a necessary part of the scheme to coerce G.W. into firing C.W. in order to protect the Sheriff. Because Mr. Sparks was the county's Prosecuting Attorney, his cooperation in this regard was necessary to the scheme's success.

In the face of this coercion, G.W. fired his attorney, which the Mingo officials involved believed would protect Crum from federal investigation and public embarrassment.

United States District Court Judge Thomas E. Johnston presided over today’s plea hearing and will sentence Sparks on February 24, 2014. Sparks faces a year in prison.  Sparks previously resigned as Prosecuting Attorney of Mingo County in late October.  As part of his federal guilty plea, Sparks' plea agreement with the Office of the U.S. Attorney required him to resign as Mingo County’s Prosecuting Attorney and never seek elected office again. Sparks is also required to voluntarily surrender his license to practice law in every state in which he holds a law license, and withdraw his opposition to the petition seeking the immediate suspension of his law license in the State of West Virginia.  Sparks also agrees not to contest disbarment proceedings in any state in which he is licensed to practice law. 

Former Mingo County Circuit Judge Michael Thornsbury, 57, previously pleaded guilty in October for his role in the scheme to protect Crum and deprive G.W. of his rights. Thornsbury faces up to 10 years in prison when he is sentenced on January 13, 2014. 

Former County Commissioner David Baisden pleaded guilty to an unrelated federal charge in connection with a scheme to illegally extort a discount from a Mingo County tire store. Baisden, 66, resigned from the Mingo County Commission in October.  Baisden faces up to 20 years in prison when he is sentenced on January 14, 2014. 

The investigation is being conducted by the FBI and the West Virginia State Police. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are handling the prosecution.

Click here to listen to an audio sound clip from U.S. Attorney Booth Goodwin

West Virginians asked to participate to help kids in transition to foster care

CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin, along with representatives from Mission West Virginia, Inc., the Children’s Home Society and other supporters gathered today at the Charleston Civic Center for the first of four regional events designed to help children transitioning into foster care.  The second annual Thanksgiving time luggage collection drive dubbed “Give Thanks and Carry On”, launched today as part of Mission West Virginia’s Carry On Campaign, is an effort aimed at collecting luggage, essential personal care items, and items of comfort for children who are in transition to the state’s foster care system. West Virginia currently has more than 4,000 children in the foster care system.

U.S. Attorney Booth Goodwin said, "No child should have to use a trash bag to transport their belongings.” Goodwin continued, “That’s what was happening and that’s why the Carry On Campaign was formed a few years ago: to provide children with luggage and other items of comfort during a very difficult time.  We're asking all West Virginians: as you’re preparing for the upcoming holiday season, add a child in need to your list.”  

The Carry On Campaign began in October 2010 as a collaborative, multi-agency partnership that includes the U.S. Attorney’s Office for the Southern District of West Virginia, the West Virginia Department of Health and Human Resources, Mission West Virginia, Inc., the West Virginia Prosecuting Attorney’s Institute and the West Virginia Drug Endangered Children Task Force.  Items sought after as part of the Carry On Campaign include new and gently used luggage, duffle bags, stuffed animals, coloring books, journals, toothbrushes, toothpaste, as well as non-perishable snacks. Additional items being collected during the winter months include coats, gloves, mittens, hats, scarves, earmuffs, socks, and blankets.  All items collected will be distributed by Mission West Virginia.

This is the second year in a row that U.S. Attorney Goodwin has partnered with Mission West Virginia, and the West Virginia Children’s Home Society for a Thanksgiving collection drive in support of children in transition to foster care. Previous collection efforts have enabled Mission West Virginia to meet critical care needs for hundreds of young people.          

Three additional collection campaign announcements are upcoming: in Ona, W.Va., at the Hovah Hall Underwood Children’s Home on Nov. 25; in Daniels, W.Va., at the Southern West Virginia Exceptional Youth Emergency Shelter on Nov. 26; and the Easton Center in Parkersburg on Nov. 27.

To find a drop-off location near you or to receive additional information regarding the Carry On Campaign, please contact Carrie Dawson at cdawson@missionwv.org or call toll free 1-866-CALL-MWV (1-866-225-5698).

Shawn Osburn created falsified work orders that were used to steal more than $10K in supplies from Huntington-based Justice Glass and Supply Co.

CHARLESTON, W.Va. – A Wayne County man who defrauded a Huntington-based small business out of more than $10,000 in supplies was sentenced today to five years’ probation, announced U.S. Attorney Booth Goodwin.  Shawn Osburn, 44, previously pleaded guilty in April to wire fraud.  Osburn, a former employee for Huntington-based residential window supplier Justice Glass and Supply Company (“Justice Glass”), prepared and submitted false work orders for supplies at various times during his employment with Justice Glass that began in 2008 and continued through October 2010. 

During the scheme, Osburn prepared work orders that contained false information and submitted the orders, generally by using telephone and fax, to suppliers. After receiving the products from the company’s supplier, Osburn stole the items and later sold them for cash. 

Osburn told investigators that the profits in which he had obtained as a result of the fraudulent work orders were not given to Justice Glass.  Osburn illegally sold a total of at least $13,000 in stolen supplies.  
The Court ordered Osburn to pay full restitution, with interest, to Justice Glass in the amount of $260 each month.     

The FBI conducted the investigation.  Assistant United States Attorneys Philip Wright and Meredith George Thomas handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

This case was brought as part of the United States Attorney’s Office’s initiative to prosecute crimes against small businesses.  In September 2010, U.S. Attorney Goodwin created and launched a comprehensive plan to protect small businesses and nonprofit agencies from fraud and abuse.  Goodwin has redoubled efforts to identify, investigate and prosecute dishonest employees and other criminals who defraud or embezzle from small businesses.

The Crimes Against Small Business Initiative strives to protect businesses and nonprofit organizations by working in partnership with the business community, along with state and local law enforcement officials, to ensure that occurrences of fraud, embezzlement, scams and other crimes targeting small businesses are prosecuted to the fullest extent of the law.

Shaun Linko opened fire on a Lynn Street residence in Parkersburg

CHARLESTON, W.Va. – A Parkersburg felon who opened fire on a Parkersburg residence in September 2012 using an AK-47 semi-automatic rifle was sentenced today to six and a half years in federal prison, announced U.S. Attorney Booth Goodwin.  Twenty-six-year-old Shaun Michael Linko previously pleaded guilty in April to being a felon in possession of a firearm.  The sentence was handed down by United States District Judge Thomas E. Johnston in Charleston.   

On September 19, 2012, police responded to a report of shots fired in the vicinity of 1122 Lynn Street.  Upon their arrival, officers with the Parkersburg Police Department observed a large quantity of spent shell casings from a semi-automatic rifle in the street, along with apparent bullet holes in the exterior of the residence at 1122 Lynn Street in Parkersburg.  A short time later, Wood County deputy sheriffs observed a GMC Jimmy SUV parked at the 7th Street Park and Ride, located in close proximity to Lynn Street.  As deputies approached the vehicle, they observed an ammunition box lying on the ground beside the driver’s side door of the vehicle.  Police officers ordered the driver, Shaun Michael Linko, and a female passenger to exit the vehicle. 

Linko, who was arrested, told police that he shot at the 1122 Lynn Street residence using the AK-47.  Officers recovered the rifle and loose ammunition from the defendant’s vehicle.
Linko was previously convicted in March 2010 of conspiracy to deliver a controlled substance in the Circuit Court of Wood County.  The defendant did not have his rights to possess a firearm restored. 

The investigation was conducted by the Parkersburg Police Department, the Wood County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Joshua Hanks handled the prosecution. 

This case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

BECKLEY, W.Va. – An Ohio man who possessed a loaded pistol and powerful prescription pain pills in January 2013 was sentenced today to five years in federal prison, announced U.S. Attorney Booth Goodwin.  Thomas William Dyer, Jr., 58, of Columbus, previously pleaded guilty in July to carrying a loaded firearm during and in relation to a drug trafficking crime.  Dyer’s sentence was handed down today by U.S. District Judge Irene C. Berger in Beckley. On January 20, Dyer possessed a loaded .380 caliber pistol and oxycodone pills at a residence located near New Richmond, Wyoming County, W.Va. 
Dyer was arrested following a controlled drug buy that took place in and around New Richmond.  During a search, police also found a total of six firearms and 130 oxycodone pills at a residence located near New Richmond. 

The Southern Regional Drug and Violent Crimes Task Force, the Wyoming County Sheriff’s Department and the West Virginia State Police conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution.

This case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

HUNTINGTON, W.Va. – A Huntington woman who participated in an oxycodone and heroin distribution conspiracy pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Kimberly Gayle Hamlett, 39, pleaded guilty to distribution of oxycodone before Chief United States District Judge Robert C. Chambers in Huntington.   From at least 2011 through August 8, 2013, Hamlett participated in a conspiracy to sell oxycodone pills and heroin.  In May, Hamlett sold approximately one gram of heroin to a police informant in exchange for $200.  The illegal heroin transaction took place near 16th Street and 6th Avenue in Huntington. 

Hamlett told police that during the conspiracy, she provided residences for her associates to store and sell drugs.  She also told police that firearms were kept at the residences. 

Hamlett faces up to 20 years in federal prison when she is sentenced on February 24, 2014. 

The Huntington Violent Crimes and Drug Task Force conducted the investigation.  Assistant United States Attorney Gregory McVey is in charge of the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

HUNTINGTON, W.Va. – A Detroit man who mailed more than $38,000 worth of heroin to associates located in Huntington pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Zachery Jose Merritt, 30, pleaded guilty to conspiracy to distribute 100 grams or more of heroin before Chief United States District Judge Robert C. Chambers in Huntington.  
Between September 2012 and June 2013, Merritt, also known as “Zane,” mailed quantities of heroin to associates located in Huntington.  The heroin was later sold in Huntington for $125 per gram.  Drug proceeds totaling $38,250 were deposited in Merritt’s bank account.  Police said that the bank deposits were made to the defendant’s account in Huntington, though withdrawals, from the same account, were completed by Merritt in Detroit. 

During the conspiracy, Merritt also provided heroin to co-conspirator and Huntington resident, Lindsey Alyn Thacker.  Thacker, also known as “Lindsey Webb,” 29, made approximately seven trips to Detroit between the summer of 2012 through June 20, 2013 to obtain heroin and crack cocaine from Merritt.
Also during the conspiracy, Thacker and her associate, Keith Eric Wood, 28, made their Huntington residence available to acquaintances for the purpose of storing and distributing heroin.  Law enforcement officers conducted a search of the residence on June 20, 2013 and found approximately .3 grams of heroin and more than $1000 in cash. 

Thacker and Wood each pleaded guilty on Nov. 5 to maintaining a residence for the purpose of distributing heroin.  Both defendants face up to 20 years in federal prison when they are sentenced on Feb. 18, 2014.               

Merritt faces up to 40 years in prison when he is sentenced on Feb. 18, 2014. 

The Huntington Violent Crimes and Drug Task Force conducted the investigations.  Assistant United States Attorney Gregory McVey is in charge of the prosecutions. 

State Police Cpl. Marshall Bailey and Tpr. Eric Workman honored posthumously for major drug investigation

CHARLESTON, W.Va. – Law enforcement officers whose investigative work led to the convictions of a former Massey Energy executive, a Logan pill mill operator, an aspiring Hollywood actor who orchestrated a multimillion-dollar extortion plot, and a Michigan pedophile were among the honorees recognized today during the 2013 Law Enforcement and Victim Assistance Awards ceremony. The ceremony, hosted by U.S. Attorney Booth Goodwin, honored more than 60 individuals for outstanding law enforcement work on major cases involving drug crime, violent crime, workplace safety, and child exploitation at the Robert C. Byrd Federal Courthouse in Charleston.  

“I am delighted to honor so many of our state’s most dedicated and respected law enforcement officers, crime victim advocates and community leaders,” U.S. Attorney Goodwin said.  “These tremendously talented men and women have been engaged in vital work – often painstaking and dangerous work – that has removed drug dealers from our streets, strengthened community and workplace safety, eliminated fraud and abuse and made justice a reality for countless crime victims throughout southern West Virginia.”  

Among the honors presented today were posthumous awards to West Virginia State Police Cpl. Marshall Bailey and Tpr. Eric Workman.  Troopers Bailey and Workman initiated an investigation of methamphetamine dealer Raymond Hersman, who ran a pipeline that moved huge quantities of meth from North Carolina to West Virginia.  In May, a federal jury convicted Hersman, 44, of possession with intent to distribute methamphetamine.  Law enforcement agents began investigating Hersman’s meth distribution scheme in 2012.  Cpl. Bailey and Tpr. Workman were an integral part of the Hersman investigative team, working on the case until the time of their deaths. Hersman faces a mandatory minimum of 20 years in federal prison when he is sentenced on Dec. 12.   

In August of last year, Cpl. Marshall Bailey and Tpr. Eric Workman were shot and killed in the line of duty following a traffic stop near Clay County.  Goodwin, who dedicated the awards ceremony to the two fallen officers, said, “This is perhaps the last investigation on which the late Trooper Eric Workman and the late Corporal Marshall Bailey worked. The superb efforts of these heroes paid off with a major drug dealer behind bars.”

Also during Friday’s ceremony, Goodwin presented the Law Enforcement Agency of the Year honor to the West Virginia State Police.  Goodwin, who thanked the State Police for its partnership with his office, said, “The West Virginia State Police has one of the strongest and longest-running commitments to public safety in the nation."  Goodwin continued, "The members of the State Police do their work with extraordinary pride and purpose, and routinely go above and beyond the call of duty for the citizens of West Virginia.” 

In Friday’s ceremony, FBI Special Agent Joseph Ciccarelli received the Exceptional Career Service Award. Ciccarelli, a West Virginia native and a 28-year veteran of the FBI, will retire in January 2014. Ciccarelli is the former Supervisory Senior Resident Agent of the FBI’s Charleston, W.Va. field office. In his FBI career, he has investigated nearly every kind of offense in the FBI’s jurisdiction, ranging from child abductions to public corruption to major drug distribution rings. Ciccarelli’s work has resulted in hundreds of criminal convictions, including, last year, the convictions of a Lincoln County, W.Va. county commissioner, sheriff and county clerk in an election fraud scandal. Recently, Ciccarelli has played a central role in the ongoing federal investigation of public corruption in Mingo County, W.Va. He began his law enforcement career with the Huntington Police Department before joining the FBI. As an FBI Special Agent, Ciccarelli has served in St. Louis, Missouri; Miami, Florida; and Charleston and Huntington, West Virginia.

Federal Bureau of Investigation (FBI) Special Agent James Lafferty was presented with the Law Enforcement Officer of the Year Award.  Special Agent Lafferty, an 11-year veteran of the FBI, has investigated a variety of complex criminal cases involving prescription drug traffickers and medical fraud, as well as mining and workplace safety investigations in southern West Virginia.

Agents from the FBI, the U.S. Department of Labor’s Office of Inspector General, and Internal Revenue Service Criminal Investigations were presented with the Outstanding Workplace Safety Investigation award for the investigation of David C. Hughart, the longtime president of a Massey Energy Company subsidiary. Hughart was sentenced in September to three-and-a-half years in federal prison. He was convicted of conspiring to violate federal mine safety laws and thwart federal mine inspectors by warning Massey mines when inspectors were approaching. Hughart is among the highest-ranking executives ever convicted in a mine safety investigation, and his sentence is believed to be the longest ever in a mine safety case.

Agents from the FBI, the U.S. Department of Health and Human Services’ Office of Inspector General, and the West Virginia State Police Bureau of Criminal Investigations were presented with the Outstanding Prescription Drug Diversion Investigation award for the arrest of a Logan doctor responsible for operating a pill mill. Investigators discovered that from September 2011 through March 2013, Dr. Fernando Gonzales-Ramos was operating a cash-only business in Logan where he charged patients $500 in exchange for prescribing them powerful narcotics.  Investigators found that Gonzales-Ramos’s makeshift office had no exam table, no running water, and no medical equipment.  Dr. Fernando Gonzales-Ramos was sentenced in September to five years and eleven months in prison after pleading guilty to conspiracy to distribute controlled substances without a legitimate medical purpose.

Three federal agents from the FBI and the U.S. Postal Inspection Service were presented with the Outstanding Violent Crime Investigation award for the arrest and conviction of Vivek Shah, an aspiring actor from West Hollywood, California. Last year, 26-year-old Shah orchestrated a multimillion-dollar extortion scheme that targeted seven prominent victims, including movie producer Harvey Weinstein, Groupon co-founder Eric Lefkofsky, West Virginia coal executive Chris Cline, and several others.  During the scheme, Shah sent letters threatening to kill family members of his victims unless his targets wired tens of millions of dollars into offshore bank accounts. The case against Shah concluded in September, when he was sentenced to seven years and three months in federal prison. 

Also on Friday, a group of nearly 20 police officers from West Virginia and Michigan received the Outstanding Project Safe Childhood Investigation Award for the conviction of Michigan pedophile Ashlee C. Liebert. In late 2011, thirty-four-year-old Liebert, of Whitmore Lake, Michigan, established a relationship with a minor child residing in Putnam County, W.Va.  After communicating with the minor using e-mail and a cellphone, Liebert traveled from Michigan to Putnam County, West Virginia to meet the child to have illegal sexual contact.  Police officers with the Putnam County Sheriff’s Department discovered Liebert and the minor inside Liebert’s parked vehicle near Buffalo, W.Va.  Officers obtained a search warrant for Liebert’s vehicle.  A Michigan state search warrant was also executed on Liebert’s Whitmore Lake residence on March 10, 2012, the same day the defendant was arrested by police in West Virginia.  During the execution of the search warrant, officers seized several computers from Liebert’s residence.  A forensic review of Liebert’s computers revealed more than 600 images and videos of child pornography.  Liebert was sentenced in June to 12 years in federal prison followed by 20 years of supervised release for traveling in interstate commerce with intent to engage in illicit sexual conduct with a minor.

Goodwin also presented a group of educators from the Mary C. Snow West Side Elementary School and officers from the Charleston Police Department with the Award for Professional Innovation in Victim Services.  The award recognizes their collaborative effort on the West Virginia Defending Childhood Initiative, which helps students who have been exposed to violence. A main component of the pilot initiative is a unique program dubbed “Handle With Care.” When officers encounter a child who has been exposed to violence – either as a direct victim of abuse or neglect, or as a witness to violence in the home or community – a Handle With Care notice is forwarded to the child’s school to alert teachers and school staff.  As a result of the initiative, staff members at Mary C. Snow West Side Elementary School, along with their law enforcement partners from the Charleston Police Department, are developing a better understanding of the impact of trauma on learning and how they can work together to support children facing difficulties. 

Also on Friday, Goodwin presented the West Virginia Crime Victim Service Award to representatives from Legal Aid of West Virginia and the West Virginia Coalition Against Domestic Violence for advocacy and assistance to victims of domestic violence, sexual assault, stalking and dating violence.  The West Virginia Legal Assistance to Victims Partnership, a collaborative effort between Legal Aid of West Virginia and the West Virginia Coalition Against Domestic Violence, provides court based advocacy and legal representation to victims of domestic violence by offering solutions to help break the cycle of violence.  Legal Aid and the Coalition Against Domestic Violence have worked to support 14 regional teams of attorneys and advocates providing comprehensive services to help crime victims attain self-sufficiency and independence from abuse.

The information provided below lists the award category, along with the name of each individual and/or agency honored Friday:

Outstanding Child Advocacy Center
Child Youth and Advocacy Center

Outstanding Violence Against Women STOP Team
Raleigh County STOP Team

West Virginia Crime Victim Service Award
Legal Assistance to Victims Partnership: Legal Aid of West Virginia and the West Virginia Coalition Against Domestic Violence

Outstanding Volunteer Service
Cpl. Errol D. Randle, Charleston Police Department

Award for Professional Innovation in Victim Services
West Virginia Defending Childhood Initiative
Mary C. Snow West Side Elementary School & The Charleston Police Department

Outstanding Community Partner
Trifecta Productions, LLC

Outstanding Criminal Justice Partner
West Virginia Division of Justice and Community Services

Outstanding Project Safe Childhood Investigation
United States v. Ashlee Liebert

Putnam County Sheriff’s Dept.
Sgt. Ryan E. Lockhart
Sgt. Allen Savilla
Det. Shawn Johnson
Dep. R. K. Lyon
Dep. William Seanze, Jr.                     
Dep. Chad Ashley      
Dep. Brian Donohoe
Federal Bureau of Investigation
SA Jason Bollinger
SA J. T. Waggy

 SA Jeff Long 
SA Evan Patterson
Melinda Cash

West Virginia State Police
David Miller
Cristalle Workman

Northfield Township Police Dept.
Inv. Jason Roberts
Officer Richard Paquette
Officer Tim Greene

CAMC Child Advocacy Center
Maureen Runyon

Outstanding Workplace Safety Investigation
United States  v. David Hughart

Federal Bureau of Investigation
SA James Lafferty
SA Sherry Payette

U.S. Dept. of Labor, OIG
SA Jeff Carter 
Internal Revenue Service, CID
SA Karen Atkinson

Outstanding Violent Crime Investigation
United States v. Vivek Shah

Federal Bureau of Investigation
SA Jim Lafferty
SA Brian Clarity

U.S. Postal Inspection Service
Postal Insp. Josh Mehall

Outstanding Medicare Fraud Investigation
United States v. Shida Jamie

U.S. DHHS, OIG
SA Mary Ann Withrow

West Virginia Medicaid Fraud Control Unit

Federal Bureau of Investigation                      
SA Jim Lafferty
SA Brian Clarity
Tammi Blundon

Outstanding Prescription Drug Diversion Investigation      
United States v. Dr. Fernando Gonzales-Ramos

Federal Bureau of Investigation
SA Jim Lafferty
SA Todd Berry
Dean Lauffer

U.S. DHHS, OIG
SA Mary Ann Withrow
SA Scott Cruikshank

West Virginia State Police, BCI
Cpl. Terry Toney
TFC Jared Brewer

Outstanding Drug Investigations (3 investigations receiving awards)

United States v. Raymond Hersman

Charleston Police Dept./MDENT
Lt. Chad Napier
Det. Keven Allen
TFO Chris Powell

Clay County Prosecuting Attorney
Jim Samples

North Wilkesboro Police Department
Ptlm. Monty Wolfe

West Virginia State Police
Sgt. James Light
Cpl. Marshall Bailey   
Tpr. Charles Maynard
Tpr. Eric Workman

United States v. Alvaro Jaime, et al.

Drug Enforcement Administration
SA Tom Bevins
SA Wren Ray

Huntington Police Department
Cpl. John Franklin
TFO Curt Nethercutt

United States v. Kevin Robinson and Jermaine Dickerson

Drug Enforcement Administration
SA Tom Bevins
SA Wren Ray

Charleston Police Dept./MDENT
TFO Chris Powell

Huntington Police Department
Capt. Rocky Johnson  
Lt. Eric Corder
Lt. John Ellis
TFO Curt Nethercutt
TFO Craig Preece
TFO John Franklin
PFC Paul Matovich     
PFC Jamie Leist

Law Enforcement Officer of the Year
Special Agent James Lafferty, FBI

Drug & Violent Crime Task Force of the Year
DEA AHIDTA Task Force

Law Enforcement Agency of the Year
West Virginia State Police

Click here to listen to an audio sound bite from U.S. Attorney Goodwin

Defendants conspired to set blaze to Logan office building to collect $1 million insurance payment 

CHARLESTON, W.Va. – Two men entered guilty pleas in federal court today in connection with a Logan arson scheme, announced U.S. Attorney Booth Goodwin.  James Gregory Glick, and co-defendant Guy R. Miller, 39, both pleaded guilty to arson and conspiracy to commit mail and wire fraud.  Glick, 44, of Logan, also pleaded guilty to conducting unlawful monetary transactions, and structuring currency transactions in connection with the scheme. 

In November 2011, Glick arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds.  In late December 2011, the building was purchased by a known person for $45,000 prior to the scheme.  That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.

During the scheme, Mr. Glick then paid William Jamey Thompson, 44, an independent insurance agent from Chapmanville, approximately $50,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme. 

On the night of February 1, 2012, Guy Miller, Shawn C. Simon, 41, of Charleston and another associate worked together to set the fire by spreading gasoline throughout the main floor. 

Additionally, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions.  Mr. Glick also structured more than $170,000 in monies from accounts at LB&T during the conspiracy.  “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).

Glick faces a minimum of seven years in prison when he is sentenced on February 19, 2014, by United States District Judge Thomas E. Johnston. 

Miller, who also pleaded guilty today to a federal drug charge, participated in an oxycodone distribution conspiracy in and around Logan County during the spring of 2011.  In the weeks following July 3, 2011, Miller made several trips to Florida to illegally obtain more than 1,000 oxycodone pills.     
Miller faces a minimum of seven years in prison when he is sentenced on February 19, 2014. 

The plea hearings for Thompson and Simon are set for Thursday, Nov. 7, 2013.

The West Virginia State Police and the IRS conducted the investigation.  Assistant United States Attorney Thomas Ryan is in charge of the prosecution. 

The case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CHARLESTON, W.Va. – A Kanawha County man was indicted on Nov. 5 by a federal grand jury sitting in Charleston for being a felon in possession of a firearm.  According to a single-count indictment, Dorsey Woolwine, Jr., 62, of Belle, W.Va., allegedly possessed 19 firearms near Belle, W.Va. on March 24, 2012. 

Woolwine was previously convicted of unlawful wounding in March 2012 in the Circuit Court of Kanawha County.  He did not have his rights to possess a firearm restored.

Woolwine faces up to 10 years in prison, if convicted. 

The investigation was conducted by the Metropolitan Drug Enforcement Network Team.  Assistant United States Attorney Joshua Hanks is in charge of the prosecution. 

The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment

CHARLESTON, W.Va. – A Charleston man was indicted by a federal grand jury sitting in Charleston on Nov. 5 for child pornography offenses, announced U.S. Attorney Booth Goodwin. Stephen Wayne Laton, Jr., 40, was charged with production of child pornography and possession of child pornography.  The two-count indictment alleges that in or around June 2010, Laton Jr. knowingly attempted to persuade, induce, entice, and coerce a minor to engage in sexual activity.  The indictment also alleges that on February 6, 2013, Laton Jr. possessed images and videos of child pornography on his personal computer.

Laton faces up to 50 years in prison, if convicted.

The investigation was conducted by the FBI and the West Virginia State Police.  Assistant United States Attorney Jennifer Rada is in charge of the prosecution. 

The indictment was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

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

Click here to view a copy of the indictment

Company involved in scheme to bilk BrickStreet Mutual Insurance out of millions in insurance premiums also structured over $2 million in cash out of Bank of Mingo

CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that Williamson, W.Va.-based employee leasing firm, Aracoma Contracting, LLC (“Aracoma”), pleaded guilty today to a federal charge in connection with a structuring scheme involving more than $2 million in cash withdrawals from the company’s bank accounts once held at a Mingo County bank.   Top Aracoma executive, Jerome Edward Russell, 50, of Williamson, W.Va., pleaded guilty today, on behalf of the company, to conspiracy to structure currency transactions. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS). 

Russell and fellow Aracoma executive, Frelin R. Workman, 58, of Belfry, KY, previously pleaded guilty to their involvement in an honest services mail fraud scheme to defraud BrickStreet Mutual Insurance (BrickStreet) of insurance premiums and tax evasion.  Russell and Workman were each previously sentenced in October to 2 ½ years in prison for their roles in the scheme.

Acting on behalf of Aracoma, Russell and Workman formed a longstanding relationship with the Bank of Mingo, and, particularly, one of its employees at the bank’s Williamson branch.  From January 2009 through April 2012, Aracoma, through its representatives including Russell and Workman, structured at least $2.2 million out of Bank of Mingo. Russell and Workman also enlisted the assistance of a number of individuals who agreed to appear at the Williamson branch of Bank of Mingo and cash cashier’s checks.  The cash from the bank withdrawals was later brought back to Aracoma’s office to be used to pay cash payroll. 

During the scheme, Aracoma sent advance forms to the Williamson branch of Bank of Mingo prior to the structured cash withdrawals, so the bank could prepare the cash ahead of time.  Bank of Mingo would then prepare cashier’s checks in the names of the identified individual or individuals and pre-count the requested cash.  When an individual or individuals from Aracoma appeared at a Bank of Mingo teller window, a bank representative presented them with the cashier’s check in the individual’s name.  The check was immediately endorsed and the individual was given the pre-counted cash. 

Despite numerous occasions when multiple individuals appeared at the same teller window at the Williamson branch of Bank of Mingo to endorse cashier’s checks that exceeded $10,000 on Aracoma’s line of credit, Bank of Mingo routinely failed to file a currency transaction report, as required by law. 
An investigation determined that the cash structured out of Bank of Mingo by Aracoma was used to pay the company’s payroll in cash, therefore avoiding the payment of employment taxes and also to make bribe payments to a former BrickStreet field auditor, Arville Sargent. 

Sargent, 52, of Chapmanville, previously pleaded guilty in March to honest services mail fraud and tax evasion.  As a field auditor, Sargent purposely allowed four “employee leasing” companies, including Aracoma, to falsify documents drastically understating their actual payroll.  In exchange for saving those policyholders millions of dollars in insurance premiums rightfully owed to BrickStreeet, Sargent accepted hundreds of thousands of dollars in cash bribes and other things of value, including a Yamaha Rhino all-terrain vehicle.

Sargent was previously sentenced in October to six years in federal prison. 

Aracoma Contracting, LLC faces a maximum fine of up to $500,000 fine and a five-year term of probation at a sentencing hearing scheduled for January 15, 2014. 

The FBI, the IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigations.  This investigation was also handled in coordination with the United States Attorney’s Office for the Western District of Virginia and the IRS’s local Abingdon, Virginia Resident Agency. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions. 

Nine from Nicholas sentenced to federal prison this year in meth ring take-down

CHARLESTON, W.Va. –Two men were sentenced to federal prison for their participation in a Nicholas County methamphetamine conspiracy, U.S. Attorney Booth Goodwin announced today.  Roy Spinks, Sr., of Craigsville, 59, was sentenced to two years in prison. Spinks’ co-defendant, Michael Boley, 31, of Summersville, was also sentenced to two years in prison for conspiracy to manufacture methamphetamine.  The sentences were handed down today by United States District Judge John T. Copenhaver, Jr. in Charleston.

Spinks Sr., who previously pleaded guilty in August to making a residence available for the purpose of manufacturing methamphetamine, permitted an associate, Felicia Bess, to cook methamphetamine at his Kyler Road residence in Nicholas County.  Boley, who also pleaded guilty in August, cooked methamphetamine at Spinks’ Nicholas residence, as well as at several other locations in and around Nicholas County from October 2010 until June 2011. 

Bess, 23, of Summersville, was sentenced in February to three years in prison for her participation in the conspiracy.  Also in February, Roy Spinks, Jr., 39, of Craigsville, was sentenced to six years in prison for making a residence available for the purpose of manufacturing methamphetamine.  During the conspiracy, Spinks Jr. and Bess worked together to manufacture methamphetamine using a technique known as the “shake and bake” method.  Spinks Jr. also told police that he manufactured methamphetamine at several different residences in Nicholas County 

In a related matter, Bratten Smith, 28, of Richwood, was sentenced in February to two years in prison.  From February 2011 until May 1, 2011, Smith helped Spinks and Bess cook methamphetamine at a residence in Nicholas County.  Smith also supplied pseudoephedrine and other ingredients that were used to manufacture methamphetamine.  In exchange for the meth-making materials, Smith received methamphetamine for his personal use.

In addition, Shannon Ellison (3 ½ years), Jennifer Curry (2 years), Rachel Petrey (five years and 10 months), and Terry Mullins (four years and three months), all of Nicholas County, were sentenced to federal prison earlier this year for conspiracy to manufacture methamphetamine.      

The U.S. Forestry Service, the Central West Virginia Drug Task Force, the West Virginia State Police, the Nicholas County Sheriff’s Department and the Richwood Police Department conducted the investigation.  Assistant United States Attorney John Frail handled the prosecutions. 

HUNTINGTON, W.Va. – A Huntington man pleaded guilty on Nov. 4 in federal court in connection with his role in a heroin distribution conspiracy, announced U.S. Attorney Booth Goodwin.  Forty-nine-year-old Ricky Ray Rockwell pleaded guilty to conspiracy to distribute heroin before Chief United States District Judge Robert C. Chambers in Huntington.  

Between November 2010 and July 2011, Rockwell participated with convicted felons Kevin Luthor Robinson and Jermaine D. Dickerson to distribute heroin in and around the Huntington area. 

Rockwell told police that during the illegal drug scheme, he controlled the door to a Huntington residence that was used primarily as a place to distribute illegal drugs.  Rockwell also completed illegal heroin transactions on behalf of Robinson and Dickerson.  Afterward, Rockwell gave the drug proceeds to his co-conspirators at the completion of the drug transactions.   

Robinson, 44, was sentenced to 11 years and three months in prison in March for his role in the illegal drug conspiracy.  Dickerson, 36, was also sentenced in March to 15 years and nine months in federal prison.  Robinson and Dickerson, both of Columbus, previously pleaded guilty in December 2012 to conspiracy to distribute heroin and 28 grams or more of crack cocaine.  

During the scheme, Robinson and Dickerson arranged frequent trips to Columbus to purchase heroin and cocaine.  The illegal drugs were then brought to Huntington and sold.  The defendants also utilized several Huntington residences to store, prepare and package illegal drugs during the fall of 2010 through July 2011. 

Rockwell faces up to 20 years in federal prison when he is sentenced on February 24, 2014.

This case was investigated by the DEA, the Huntington Police Department, and the High Intensity Drug Trafficking Area Task Force.  Assistant United States Attorney Joseph F. Adams is in charge of the prosecution. 

BLUEFIELD, W.Va. – Three individuals from Mercer County pleaded guilty in federal court this week in connection with the illegal distribution of powerful prescription painkillers, announced U.S. Attorney Booth Goodwin.  The charges against each defendant were brought as part of the Bluefield Pill Initiative, a concerted attack by federal, state, and local government on the illegal distribution of prescription drugs in the southern region of West Virginia. 

The following defendants pleaded guilty on Nov. 4 to distribution of hydromorphone, a powerful prescription painkiller commonly known as Dilaudid: Darryl Shrader, 53, of Spanishburg; Bobby Michael Short Jr., 46, of Princeton; and Faith Michelle Akers, 44, of Princeton.  Shrader, Short and Akers each sold hydromorphone pills to a confidential informant working in cooperation with law enforcement.  The pill transactions took place in and around Mercer County. 

All three defendants face up to 20 years in federal prison when they are sentenced on March 10, 2014 by Senior United States District Judge David A. Faber.   

The Bluefield Pill Initiative is a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties.  The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation, the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments.  Assistant United States Attorney John File is in charge of the prosecutions. 

CHARLESTON, W.Va. – A 38-year-old Ohio man was sentenced to ten years and ten months in federal prison for his role in a crack cocaine distribution conspiracy, U.S. Attorney Booth Goodwin announced today.  Renardo Darnell Owens, of Akron, Ohio, previously pleaded guilty in April to conspiracy to distribute crack cocaine. 

On February 11, 2013, Renardo Owens sold crack cocaine to a police informant working in cooperation with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $140.  The next day, Renardo Owens sold $300 worth of crack cocaine to an informant.  He also gave the informant $500 worth of crack cocaine and expected to be paid after the drugs were sold. 

On February 13, 2013, Owens’ co-conspirator and brother, Retsyn Owens, arranged to meet the police informant at a predetermined location in Charleston.  After arriving at the predetermined location, Retsyn Owens accepted $500 from the informant. The money that Retsyn Owens received from the informant on February 13, 2013 was payment for crack cocaine his brother had distributed two days earlier. 

Retsyn Deshawn Owens, 42, also of Akron, Ohio previously pleaded guilty in April to conspiracy to distribute crack cocaine. 

Retsyn Owens also provided the informant $500 worth of crack cocaine on February 13, 2013 and expected to be paid after the drugs were sold.  On February 14, 2013, Renardo Owens accepted $500 from a police informant as payment for crack cocaine.  Also, on February 14, 2013, Renardo Owens handed the informant $1,000 worth of crack cocaine and expected payment after the drugs were sold.  On February 15, 2013, MDENT agents executed a search warrant at a Charleston residence and seized drug paraphernalia, cash, and three bags containing crack cocaine. During the execution of the search warrant, police also arrested Renardo Owens, who was inside the residence at the time. 

Renardo Owens was previously convicted in October 1999 of possession of cocaine and trafficking cocaine in the Court of Common Pleas in Summit County, Ohio. 

Retsyn Owens faces up to 20 years in prison when he is sentenced on November 13, 2013.

The Metropolitan Drug Enforcement Network Team conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston.   

CHARLESTON, W.Va. – A 38-year-old Ohio man was sentenced to ten years and ten months in federal prison for his role in a crack cocaine distribution conspiracy, U.S. Attorney Booth Goodwin announced today.  Renardo Darnell Owens, of Akron, Ohio, previously pleaded guilty in April to conspiracy to distribute crack cocaine. 

On February 11, 2013, Renardo Owens sold crack cocaine to a police informant working in cooperation with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $140.  The next day, Renardo Owens sold $300 worth of crack cocaine to an informant.  He also gave the informant $500 worth of crack cocaine and expected to be paid after the drugs were sold. 

On February 13, 2013, Owens’ co-conspirator and brother, Retsyn Owens, arranged to meet the police informant at a predetermined location in Charleston.  After arriving at the predetermined location, Retsyn Owens accepted $500 from the informant. The money that Retsyn Owens received from the informant on February 13, 2013 was payment for crack cocaine his brother had distributed two days earlier. 

Retsyn Deshawn Owens, 42, also of Akron, Ohio previously pleaded guilty in April to conspiracy to distribute crack cocaine. 

Retsyn Owens also provided the informant $500 worth of crack cocaine on February 13, 2013 and expected to be paid after the drugs were sold.  On February 14, 2013, Renardo Owens accepted $500 from a police informant as payment for crack cocaine.  Also, on February 14, 2013, Renardo Owens handed the informant $1,000 worth of crack cocaine and expected payment after the drugs were sold.  On February 15, 2013, MDENT agents executed a search warrant at a Charleston residence and seized drug paraphernalia, cash, and three bags containing crack cocaine. During the execution of the search warrant, police also arrested Renardo Owens, who was inside the residence at the time. 

Renardo Owens was previously convicted in October 1999 of possession of cocaine and trafficking cocaine in the Court of Common Pleas in Summit County, Ohio. 

Retsyn Owens faces up to 20 years in prison when he is sentenced on November 13, 2013.

The Metropolitan Drug Enforcement Network Team conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston.   

Napier illegally mailed package containing oxycodone tablets, arrested by undercover officer

CHARLESTON, W.Va. – A Mingo County man who mailed a package that contained more than 1,700 oxycodone pills was sentenced to four years in federal prison, U.S. Attorney Booth Goodwin announced today.  Patrick Warren Napier, 41, of Dingess, W.Va., previously pleaded guilty in July to conspiracy to distribute oxycodone.  On April 29, 2011, investigators with the United States Postal Inspection Service intercepted a package in Peach Creek, W.Va.  The package, which contained 1,789 30-milligram oxycodone tablets, had been mailed by Napier.  The package was intended for his associate, Michael Fortuna.  Napier told investigators that he mailed the package containing the oxycodone and expected to be paid once the pills were sold. 

Napier also told investigators that he obtained oxycodone pills from a source of supply located in Florida beginning in April 2011.

Michael Ray Fortuna, 45, of Peach Creek, Logan County, W.Va., previously pleaded guilty in January to conspiracy to distribute oxycodone.  Fortuna faces up to 20 years in prison when he is sentenced on November 19, 2013.   

The United States Postal Inspection Service, the Drug Enforcement Administration and the Logan County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Napier illegally mailed package containing oxycodone tablets, arrested by undercover officer

CHARLESTON, W.Va. – A Mingo County man who mailed a package that contained more than 1,700 oxycodone pills was sentenced to four years in federal prison, U.S. Attorney Booth Goodwin announced today.  Patrick Warren Napier, 41, of Dingess, W.Va., previously pleaded guilty in July to conspiracy to distribute oxycodone.  On April 29, 2011, investigators with the United States Postal Inspection Service intercepted a package in Peach Creek, W.Va.  The package, which contained 1,789 30-milligram oxycodone tablets, had been mailed by Napier.  The package was intended for his associate, Michael Fortuna.  Napier told investigators that he mailed the package containing the oxycodone and expected to be paid once the pills were sold. 

Napier also told investigators that he obtained oxycodone pills from a source of supply located in Florida beginning in April 2011.

Michael Ray Fortuna, 45, of Peach Creek, Logan County, W.Va., previously pleaded guilty in January to conspiracy to distribute oxycodone.  Fortuna faces up to 20 years in prison when he is sentenced on November 19, 2013.   

The United States Postal Inspection Service, the Drug Enforcement Administration and the Logan County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

U.S. Attorney’s Office and DEA announce nearly 2.5 tons collected, surpassing previous record amount from April

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin and U.S. Drug Enforcement Administration (DEA) Resident Agent in Charge Suzan Williamson jointly announced today that as a result of the October 26th Prescription Drug Take-Back event, a total of 4,976 pounds of unwanted, unused and expired prescription drugs were collected from citizens and households across West Virginia.  The October 26th collection results surpassed the previous Take-Back record of 4,642 pounds of prescription drugs collected in April 2013.  

U.S. Attorney Goodwin said, “Having back-to-back record totals in the same year is remarkable.   West Virginians have yet again responded overwhelmingly in our ongoing fight against prescription drug abuse. We’ve worked hard over the past several years to make our Take-Back initiative a success.  My thanks to the DEA, state and local police, and all the West Virginians who made this result possible.”

Suzan Williamson, DEA resident agent in charge for West Virginia, said, “When people take unwanted and expired prescriptions out of their homes and dispose of them properly, it immeasurably helps our fight against prescription drug abuse. I commend all of the federal, state and local partners in West Virginia for their assistance, which has made this seventh Take-Back a success.” 

The October Take-Back designated more than 130 sites throughout West Virginia, providing citizens with numerous locations to drop off expired, unused and unwanted medications. Nationwide, more than 5,100 sites participated.

In the six previous Take-Back events, the Drug Enforcement Administration, working jointly with other federal, state, and local law enforcement partners have collected more than 2 million pounds (1,409 tons) of prescription medications nationwide.

CHARLESTON, W.Va. – A Charleston pill dealer who illegally possessed a 9-millimeter pistol in January 2013 and then turned it in at a local pawn shop for cash was sentenced today to three years and one month in federal prison, announced U.S. Attorney Booth Goodwin.  Anthony Dawson, Jr., 30, previously pleaded guilty in July to being a felon in possession of a firearm.  Dawson’s sentence was handed down by U.S. District Judge John T. Copenhaver, Jr. in Charleston.  On January 3, 2013, Dawson possessed a 9-millimeter pistol and later pawned the firearm near Dunbar, W.Va. in exchange for $400.   

Dawson was previously convicted of conspiracy to deliver oxycodone in June 2009 in the Circuit Court of Kanawha County.  He did not have his rights to possess a firearm restored. 

The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution.

This case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

HUNTINGTON, W.Va. – A 23-year-old Michigan felon faces up to 10 years in prison after pleading guilty to a federal firearm possession charge, announced U.S. Attorney Booth Goodwin.  Deandrew Fizer III, of Romulus, Mich., pleaded guilty today before Chief United States District Judge Robert C. Chambers in Huntington.  On June 7, 2013, officers with the Huntington Police Department responded to a burglary in progress call on Sycamore Street in Huntington.  Police entered the residence and found Fizer in a bedroom with a .45 caliber pistol lying within his reach.  Fizer, who was arrested, waived his Miranda rights and told police that he had possessed the firearm for approximately a week.

Fizer was previously convicted of felonious assault in June 2010 in the Third Judicial Circuit Court of Wayne County in Michigan.  He did not have his rights to possess a firearm restored.
Fizer is scheduled to be sentenced on February 3, 2014. 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department.  Assistant United States Attorney Joseph F. Adams is in charge of the prosecution. 

The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

HUNTINGTON, W.Va. – A Detroit drug courier who arrived at a Huntington Greyhound Bus Station in April 2013 in possession of heroin was sentenced today to 21 months in federal prison, announced U.S. Attorney Booth Goodwin.  Jalin Tyref McArn, 19, previously pleaded guilty in July to possession of heroin with intent to distribute. 

On April 24, 2013, a Drug Enforcement Administration (DEA) agent working undercover received a phone call from a Detroit drug supplier to arrange a heroin transaction.  That same day, McArn, acting as a drug courier, arrived at the Greyhound bus station in Huntington to complete the prearranged transaction.   

As McArn exited the bus station, he was approached by a federal agent working undercover at the time.  Following a brief conversation, McArn got into the undercover agent’s vehicle and indicated that he had heroin on his person.  McArn also told the undercover agent that he would provide him with heroin as payment for the ride from the bus station.  Police arrested McArn and seized approximately 15 grams of heroin that he had hidden on his person.   

The Huntington Police Department and the DEA conducted the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

Saturday’s event is the seventh national Prescription Drug Take-Back event

WINFIELD, W.Va. - United States Attorney Booth Goodwin, joined by Drug Enforcement Administration (DEA) Resident Agent in Charge Suzan Williamson and Putnam Co. Sheriff Steve Deweese, today asked West Virginians to reach into their home medicine cabinets and pull out any unused, unwanted or expired prescriptions and turn them in at a drop-off site on Saturday as part of National Prescription Drug Take-Back Day. The three officials gathered in Winfield to unveil the Putnam County Sheriff’s Department’s new permanent prescription drug collection box.

The latest national Prescription Drug Take-Back Day will be held on Saturday, October 26, 2013, from 10 a.m. to 2 p.m.  More than 130 locations across the state will serve as designated drop-off sites for Saturday’s event. This Saturday’s event is the seventh national Prescription Drug Take-Back. To date, the take-back initiative has removed more than 11 tons of unwanted prescription drugs from homes and medicine cabinets in the Mountain State, and more than 1,409 tons nationwide.

“We’ve seen overwhelming response in our first six take-back events,” said U.S. Attorney Goodwin. “That strong public reaction tells us there’s a huge need for places to dispose of unwanted prescription drugs. Putnam County has answered that need with this permanent collection box. I hope to see more local governments follow their lead.”

Goodwin continued, “For many people, particularly teenagers, the road to addiction starts with pills they find in their parents’ or grandparents’ medicine cabinets.  That’s why prescription drug take-back programs are so important. I urge everyone to clean out their medicine cabinets and drop off unneeded medications at a take-back site this Saturday.” 

Putnam County’s new permanent prescription drug collection box was made possible through a partnership between the Putnam Wellness Anti-Drug Coalition and the Putnam County Sheriff’s Department.  The collection unit, which will be accessible for citizen prescription drug drop-offs beginning Saturday, October 26 (Prescription Drug Take-Back Day), is located at the Putnam County Sheriff’s Department.  Citizens can drop off any unused and unwanted medications at the new site or any of the designated sites across the state with no questions asked.    

Saturday’s Take-Back event provides an opportunity for people who missed previous events, or who have accumulated unwanted, unused prescription drugs since the last take-back event, to safely dispose of those medications. 

For more information about take-back locations in West Virginia, please visit www.dea.gov and follow the link for National Prescription Take-Back Day.

Latest installment of highly successful take-back initiative set for Saturday, October 26, 10 a.m. to 2 p.m.

CHARLESTON, W.VA. - U.S. Attorney Booth Goodwin today asked West Virginians to continue their overwhelming support for the federal Prescription Drug Take-Back initiative, which so far has removed more than 11 tons of unwanted prescription drugs from homes and medicine cabinets in the Mountain State, and more than 1,409 tons nationwide. The seventh national Prescription Drug Take-Back event is scheduled for Saturday, October 26, 2013, from 10 a.m. to 2 p.m. Begun in September 2010 as a way to fight the scourge of prescription drug abuse in West Virginia and around the country, the Prescription Drug Take-Back program is organized by federal law enforcement authorities in cooperation with state and local police departments in all 50 states.

With the latest installment of the take-back initiative set to kick off, U.S. Attorney Goodwin looked back at the progress made over the past three years. “When we started this event in 2010, we didn’t know what to expect,” Goodwin said. “We saw the need for a place to dispose of unwanted prescription drugs, but the response was hard to predict. In the three years since, West Virginians and Americans have stepped up beyond our wildest expectations. Through these take-back events, tens of thousands of West Virginians are doing their part to fight prescription drug abuse---our state’s worst crime problem.”

“From zero to more than 1,409 tons nationwide in three years is a remarkable accomplishment,” Goodwin continued. “Those of us who were there at the beginning are thrilled by how far this has come, and we welcome the many public officials who’ve decided they want to be part of the success.”

“I’ve prosecuted over 250 drug dealers since taking office,” Goodwin said. “But I’ve always said we can’t simply prosecute our way out of this problem. It’s essential to stop people from becoming addicted in the first place, and addicts often get started with pills that have been forgotten in a friend or relative’s medicine cabinet.”

The Prescription Drug Take-Back initiative is coordinated by the United States Drug Enforcement Administration, an agency of the United States Department of Justice.

Saturday from 10 a.m. to 2 p.m., West Virginians can drop off their unwanted prescription drugs at more than 130 drop-off locations statewide, including police stations, designated shopping centers, and local pharmacies. At all locations, drop-offs are accepted with no questions asked. For a full list of take-back locations, go to www.dea.gov.

Curry fired a .40 caliber pistol during attempt to escape police custody

CHARLESTON, W.Va. – A Parkersburg man who possessed more than a kilo of cocaine during a May drug buy was sentenced today in federal court in Charleston to a total of 22 years and seven months in federal prison, announced U.S. Attorney Booth Goodwin.  Richard Curry, Jr., also known as “Cheese” and “Curtus Javon McDonald,” previously pleaded guilty in July to possession with intent to distribute cocaine and discharging a firearm during a drug trafficking crime.  On May 3, 2013, a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) arranged to purchase cocaine from Curry. Police observed Curry, who was driving a tan Hummer SUV at the time, arrive in the parking lot of the informant’s Charleston apartment complex.  Curry, 31, later entered the informant’s residence where he was immediately taken into custody by police.  Curry, who began resisting arrest, fired a single shot from a Taurus .40 caliber pistol that he had hidden inside of his jacket.  No one was injured as a result of the shooting.  Police determined that the bullet entered into the floor of the residence.

“Time and time again, Mr. Curry has broken our federal drug laws,” U.S. Attorney Booth Goodwin said. “In fact, this is his third felony drug conviction.  Now he will have more than 22-plus years in prison to think about what he did.” 

Police conducted a search of the defendant and found a package wrapped in electrical tape hidden on Curry’s person.  The package contained cocaine weighing 1.2 kilograms.  

Police also obtained a search warrant for the defendant’s Hummer SUV.  During a search of the vehicle, officers found 68 grams of crack cocaine and 73 grams of cocaine.  Officers performed a check of the vehicle’s registration and determined that it had been registered to Curtus Javon McDonald. 

On May 6, 2013, Curry appeared before United States Magistrate Judge Dwayne L. Tinsley for an initial appearance on a criminal complaint that was filed against him.  During the hearing, Curry represented to the Court that his name was Curtus Javon McDonald.  However, after a fingerprint scan was performed on the defendant by the United States Marshals Service, the defendant’s true identity was determined to be that of Richard L. Curry, Jr.  

Curry is responsible for distributing cocaine to a confidential informant on at least six other occasions.  During the illegal drug transactions, Curry distributed half-kilogram quantities of cocaine in exchange for cash. 

In today’s hearing, United States District Judge Thomas E. Johnston sentenced the defendant to a total of 271 months in prison: 151 months for one count of possession with intent to distribute cocaine and 120 months for using, carrying, and discharging a firearm during a drug trafficking crime.  Judge Johnston ordered the prison sentences to be served consecutively. 

The investigation was conducted by MDENT and the Drug Enforcement Administration.  Assistant United States Attorney Monica D. Coleman handled the prosecution. 

CHARLESTON, W.Va. – A 24-year-old man who had 196 grams of cocaine and nearly $70,000 in cash hidden at his Charleston residence in February 2012 was sentenced today to two and a half years in federal prison, announced U.S. Attorney Booth Goodwin.  Gabriel J. Gonzalez previously pleaded guilty in June to possession with intent to distribute cocaine.  Gonzalez’s sentence was handed down by United States District Judge Thomas E. Johnston in Charleston. 

On February 28, 2012, members of the Charleston Police Department executed a search warrant on Gonzalez’s Charleston residence.  During the search, police found cocaine, $69,440 in cash, and a set of digital scales.  The cocaine seized by law enforcement weighed 196 grams.  Gonzalez told police that he intended to sell the cocaine.  Gonzalez also told police that the cash inside his residence was proceeds collected from illegal drug transactions. 

This case was investigated by the Charleston Police Department.  Assistant United States Attorney Blaire Malkin handled the prosecution. 

CHARLESTON, W.Va. – A man and woman were sentenced to federal prison on Oct. 17 on federal oxycodone charges, announced U.S. Attorney Booth Goodwin.  Christy Stevens, of Charleston, was sentenced to two years and three months in prison.  Stevens, 34, previously pleaded guilty in July to conspiracy to distribute oxycodone.  Stevens’ co-defendant, Terry Martin, 21, of Detroit, was also sentenced on Thursday to one year and four months in prison for aiding and abetting the possession of oxycodone with intent to distribute. On July 6, 2011, police conducted a traffic stop of Stevens’ vehicle.  During a search of the vehicle, police observed a large amount of cash inside Stevens’ purse.  Stevens agreed to provide a statement to police regarding the source of the cash.  After being advised of her Miranda rights, Stevens told police that the $8,000 in her purse were proceeds from illegal pill transactions.

Stevens provided additional information to police about a delivery of pills she was expecting from two acquaintances. The next day, Martin and a third individual were arrested outside of Stevens’ residence after police seized approximately 60 oxycodone pills from Martin’s associate. Martin admitted that he travelled with his associate from Detroit to Charleston and intended to deliver oxycodone pills to Stevens.
Stevens also told police that for eight months, she received oxycodone pills from a source of supply located in Detroit. After obtaining the pills from her source of supply, she sold the 30-milligram oxycodone pills in and around Charleston and also took a portion of the pills for her personal use.   

The Metropolitan Drug Enforcement Network Team conducted the investigation.  Assistant United States Attorney John Frail handled the prosecutions.  The sentences were imposed by United States District Judge Thomas E. Johnston. 

The cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CHARLESTON, W.Va. – A Charleston man who sold crack cocaine to a police informant was sentenced on Oct. 17 to five years in federal prison, announced U.S. Attorney Booth Goodwin.  Calvin Lee Boswell, also known as “Boo” and “Big Boy,” previously pleaded guilty in June to seven counts of distribution of crack cocaine.  On three separate occasions in October 2011, Boswell sold crack cocaine to a confidential informant working in cooperation with the Special Enforcement Unit of the Charleston Police Department. 

Boswell, 25, also sold crack cocaine to a confidential informant working for the Metropolitan Drug Enforcement Network Team (MDENT) on November 26, 2012.  Boswell distributed crack cocaine three times in December 2012.  Each illegal drug transaction was completed in and around Charleston.    
This case was investigated by MDENT and the Special Enforcement Unit of the Charleston Police Department.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr. 

Ryan Moore received more than $330,000 cash in connection with pill distribution plot 

BECKLEY, W.Va. – A Florida man who illegally mailed packages containing thousands of powerful prescription painkiller pills to individuals located in West Virginia was sentenced to 14 years in federal prison, announced U.S. Attorney Booth Goodwin.  Ryan D. Moore, of Hillsborough County, Fla., previously pleaded guilty in May to conspiracy to distribute oxycodone and conspiracy to commit money laundering.  From at least October 15, 2010 and April 27, 2012, Moore mailed packages containing a total of approximately 17,000 30-milligram oxycodone tablets to individuals located in West Virginia.  Moore, 32, sent more than one hundred express mail packages from U.S. Postal Service facilities located near Tampa, Fla. to a post office box at Glen Fork, W.Va.  Moore also mailed packages to a location in Calvin, Nicholas Co. All of the packages mailed by Moore contained oxycodone tablets. 

U.S. Attorney Booth Goodwin said, “When tens of thousands of painkillers are illegally mailed in just over a year’s time, it says something about the extent of this district’s pill problem.  My office’s commitment to prosecute pill dealers will continue.”      

Moore received at least $330,000 in cash as payment for the packages that contained oxycodone tablets.  The cash was deposited by known individuals into Moore’s bank accounts during the scheme.  Moore knew that the cash payments deposited into his bank account were proceeds collected from illegal pill transactions.

Moore mailed packages containing oxycodone pills to two Wyoming County residents, Christopher and Jennifer Brooks, from at least March 2010 until April 27, 2012.  Christopher Brooks, 36, and Jennifer Brooks, 29, both of Glen Fork, W.Va., previously pleaded guilty in February to conspiracy to distribute oxycodone and money laundering charges.  Mr. and Ms. Brooks received at least 130 express mail packages containing a total of approximately 17,000 30-milligram oxycodone tablets between October 15, 2010 and April 27, 2012.  As payment for the oxycodone pills, Mr. and Ms. Brooks deposited at least $300,000 cash into bank accounts that were owned by Moore. 

Mr. Brooks was sentenced to 10 years in federal prison in August.  Also in August, Mrs. Brooks was sentenced to seven years in prison for her role in the scheme. 

Moore also mailed packages containing oxycodone to convicted Nicholas County pill dealer, Keith Keiffer.  Keiffer, 32, of Calvin, Nicholas County, W.Va., received at least 15 express mail packages that contained a total of approximately 1,400 30-milligram oxycodone tablets from Moore.  Keiffer, in exchange for the oxycodone tablets, deposited thousands of dollars’ cash into Moore’s bank accounts.  Keiffer was sentenced to four years in federal prison in July.  

Moore’s sentence was imposed by United States District Judge Irene C. Berger. 

The Internal Revenue Service - Criminal Investigation, the U.S. Postal Inspection Service, the Drug Enforcement Administration and the Wyoming County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Haley Bunn handled prosecution. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Goodwin and Holbrook say film’s anti-drug message will reinforce prevention efforts

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin, joined by Huntington Police Department Chief W.H. “Skip” Holbrook today met with students and faculty at Huntington Middle School to launch a film and Facebook page designed to educate young people about the dangers of prescription drug abuse.  

“Prescription drug abuse has been like no other drug problem we’ve ever faced,” U.S. Attorney Booth Goodwin said. “The biggest problem in this district is legal drugs.”

Goodwin continued, “For many people, especially adolescents, the road to addiction starts with pills they find in their parents’ or grandparents’ medicine cabinets.  We’ve seen time and again that when people begin experimenting with pills, they eventually move to cheaper alternatives, like heroin, to feed their addiction.”

Goodwin said that building relationships between the law enforcement and education communities is essential toward strengthening prevention efforts.  “We commissioned this film in an effort to get students’ attention.  They must understand that prescription pill abuse has real consequences.  It can send a person’s life into a downward spiral in the blink of an eye,” Goodwin said.  

The educational film, known as “E.O.D. Equal Opportunity Destroyer” or “E.O.D.,” was developed through a partnership between the U.S. Attorney’s Office for the Southern District of West Virginia and the Huntington Police Department.  It was funded by a grant from the West Virginia Division of Justice and Community Services.  The 17-minute film features the true stories of a West Virginia father and a young woman whose lives have been tremendously altered by prescription drug abuse.

Goodwin debuted the E.O.D. film during a statewide education conference at the Charleston Civic Center in June.  Since then, Goodwin has shown the film at schools and professional conferences throughout the state, in an effort to educate the public about the dangers associated with prescription pill abuse.

Goodwin said, “We hope people will see this film and decide to share it.  They can do so through the web site: www.wvsafeschools.org and now on Facebook: www.facebook.com/EODWV.” 

"Opiate abuse transcends all of society; it does not discriminate,” Huntington Police Chief Skip Holbrook said.  “This issue is absolutely the most pressing law enforcement and public health issue facing our community. We’ve seen the tragic results of opiate addiction at an alarming rate.” 

Holbrook continued, “We’ve seen a number of overdoses in just the last few weeks.  Our community is still mourning the death of three young adults. Each overdose call is like a punch in the gut for me -- it breaks my heart."

The Centers for Disease Control and Prevention (CDC) statistics show that nearly 15,000 people die every year of overdoses involving prescription painkillers. In 2010, one in 20 people in the United States (age 12 or older) reported using prescription painkillers for nonmedical reasons. West Virginia has maintained one of the nation’s highest drug overdose death rates.  Most of the overdoses have involved prescription painkillers. 

The official E.O.D. video can also be viewed on You Tube by clicking the following link: http://www.youtube.com/watch?v=Dr3jN6atZ44

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CHARLESTON, W.Va. - U.S. Attorney Booth Goodwin today charged Mingo County Circuit Judge Michael Thornsbury in a second conspiracy to deprive a Mingo County resident of his constitutional rights. In a court filing this morning, Goodwin alleged that Thornsbury conspired with other Mingo County elected officials to cover up evidence of illegal drug use and other misconduct by late Mingo County Sheriff Eugene Crum.

Earlier this year, according to Goodwin, a Mingo County drug defendant began to provide the Federal Bureau of Investigation (FBI) with information about misconduct by then Sheriff Crum, including illegal drug use and election law violations. The drug defendant is identified in today’s charging document as “G.W.” Crum learned that G.W., along with G.W.’s attorney, were providing information about Crum to the FBI. Crum and other Mingo elected officials, including Thornsbury, conspired to protect Crum and to stop G.W. from informing to the FBI. They arranged to offer G.W. a favorable plea deal if he would fire his attorney, who was assisting G.W.’s communication with federal authorities, and replace him with an attorney chosen by Crum and the other elected officials.

In the face of this coercion, today’s charging document alleges, G.W. fired his attorney, which the officials involved believed would protect Crum from federal investigation and public embarrassment.

Today’s charge was filed in a court document known as an “information.” A defendant may be charged through an information only with the defendant’s consent, so the filing of an information often indicates that a defendant has agreed to cooperate with prosecutors.

The investigation is being conducted by the FBI and the West Virginia State Police. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are handling the prosecution.

Note: An information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

Click here to view a copy of the information

CHARLESTON, W.Va. – Myra Sue Miller was sentenced today to six months in federal prison for her role in operating a former Mingo County-based pill mill, U.S. Attorney Booth Goodwin announced.  Miller, 50, of South Williamson, Ky., previously pleaded guilty in March to misusing a Drug Enforcement Administration (DEA) registration number that did not belong to her.  Miller’s sentence was handed down today by United States District Judge John T. Copenhaver, Jr. in federal court in Charleston. 

U.S. Attorney Goodwin said, “Every time we put a pill dealer out of business or shut down a pill mill, it’s a big step toward getting this problem under control.”

In February 2010, Miller used the DEA registration number assigned to former Mingo County doctor William F. Ryckman to illegally distribute the painkiller hydrocodone, as well as the prescription drug alprazolam, also known as “Xanax.” Miller was the office manager at Mountain Medical, formerly located in Williamson, W.Va.  The clinic was Dr. Ryckman’s primary medical practice at the time. 

Dr. Ryckman, 66, was convicted in March 2012 of conspiracy to misuse a DEA registration number and sentenced to six months in prison followed by one year of supervised release.

During the scheme, on February 17, 2010, Miller faxed several blank “doctor’s lists” from Ryckman’s Williamson office to Dr. Ryckman, who was residing in Pennsylvania. To further the scheme, Ryckman signed and faxed the lists and sent them back to Miller at his office in Mingo County. With Ryckman’s authorization, the lists were improperly used to prescribe painkillers to people who were not evaluated or seen by a physician.

As the office manager, Miller directed individuals under her authority to fill in blank doctor’s lists with information that included patients' names, prescription type, strength, and quantity.  The lists were then faxed to local pharmacies in order to be filled and dispensed. Miller also admitted that while Dr. Ryckman was absent from his Williamson office on February 18 and 19, 2010, she accepted cash fees from individuals who arrived at Mountain Medical.  She later directed individuals to one of at least two pharmacies located in Mingo County to obtain prescriptions for hydrocodone and Xanax.

At sentencing, the Court ordered Miller to pay a $5,000 fine.  Miller was also sentenced to one year of supervised release. 

Miller agreed to forfeit her interest in the clinic building and personal assets totaling $475,823.75.  
This case was investigated by the Drug Enforcement Administration, the West Virginia State Police, the Department of Health and Human Services – Office of Inspector General, and the FBI.  Assistant United States Attorney John Frail handled the prosecution.

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

HUNTINGTON, W.Va. – A 50-year-old Putnam County man was sentenced today to 18 years in prison for selling powerful prescription painkillers, announced U.S. Attorney Booth Goodwin.  Terry Lee Hagan, of Culloden, W.Va., previously pleaded guilty in August to distribution of oxycodone.  Hagan’s sentence was handed down today by Chief United States District Judge Robert Chambers in federal court in Huntington. 

An extensive criminal record and a history of numerous drug sales combined to produce Hagan’s lengthy sentence.

On May 29, 2012, Hagan sold 4 30-milligram and 2 15-milligram oxycodone pills to a confidential informant working in cooperation with law enforcement authorities in exchange for $225.  The illegal pill transaction took place at Hagan’s Culloden residence. 

Hagan admitted that he was responsible for numerous other illegal oxycodone distribution transactions that took place in and around the Southern District of West Virginia.

Hagan was previously convicted of five felonies between May 1981 and April 2012 in the Circuit Court of Common Pleas, Cuyahoga County, Ohio. 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Gregory McVey handled the prosecution. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

CLAY COUNTY SHERIFF PLEADS GUILTY TO FEDERAL WIRETAPPING CHARGE

Former Sheriff Miles Slack Secretly Intercepted Communications from Ex-Wife’s Supreme Court Computer

CHARLESTON, W. Va. – Former Clay County Sheriff Miles J. Slack pleaded guilty today to illegal wiretapping, a federal felony, U.S. Attorney Booth Goodwin announced. Appearing today in federal district court, Mr. Slack, who resigned as sheriff last Friday as part of his plea agreement with Goodwin, admitted to surreptitiously installing a keystroke logger on a computer belonging to the Supreme Court of Appeals of West Virginia. 

The compromised computer was a government computer assigned to Mr. Slack’s then wife, Lisa Slack, who works in the office of a Clay County magistrate. Computers in the offices of circuit judges and magistrates throughout West Virginia are owned and maintained by the state’s Supreme Court, and are connected to a central Supreme Court computer network.

Mr. and Ms. Slack were in the midst of a divorce when he illegally tapped her computer. Mr. Slack admitted that he intended to monitor his ex-wife’s activity on the computer, including messages she sent through Internet chat and e-mail programs. He said he also wanted to capture his ex-wife’s usernames and passwords for various Internet services. Mr. Slack acknowledged that the wiretap device he installed captured everything that was typed on his ex-wife’s computer, including information about court business and the personal information of defendants in Clay County magistrate court.

Mr. Slack installed the hidden device in late April of this year and it remained in place for over two weeks.
“It’s a shame that Clay County’s chief law enforcement officer chose to illegally tap a government computer,” said U.S. Attorney Goodwin. “Our elected officials and law enforcement officers have to respect the law like everyone else. If they don’t, there are consequences.”

“These days, it seems like every detail of our lives is being bounced around the world on computer networks,” Goodwin continued. “Imagine learning that someone was secretly monitoring everything you did on your own computer, without any legal authority. It’s a very serious breach of privacy. That’s why the laws against wiretapping are so important.”

Keystroke logging devices can be purchased from a number of Internet-based sellers. The devices, usually one to two inches long, are attached to a computer’s keyboard cable. Once installed, they can intercept everything typed on the keyboard, including email and information transmitted to Internet sites.
Because the devices are unobtrusive and normally hidden behind the computer targeted for surveillance, they can go undetected for long periods of time. Though small in size, some keystroke loggers can store two gigabytes of information, enough to record more than a billion keystrokes.

Slack served as a Clay County deputy sheriff for around 16 years. In early 2012, while acting as chief deputy for the Clay County Sheriff’s Department, Slack announced he was running for sheriff. Then-Sheriff Randy Holcomb, however, quickly demoted Slack to the rank of sergeant, a move that threatened Slack’s election bid. Under West Virginia civil service laws, deputy sheriffs other than the chief deputy may not run for public office. In order to remain in the race, Slack resigned from the department and became Chief of Police for Clay, West Virginia, the county seat of Clay County.

In the May 2012 primary election, Slack soundly defeated two other candidates for the Democratic nomination for sheriff, receiving nearly 78% of the vote. He ran unopposed in the November 2012 general election and took office January 1, 2013. Slack’s first projects as sheriff included expanding evening patrols and seeking funding for a new home confinement officer.

The case is being investigated by the Federal Bureau of Investigation and the West Virginia State Police, with assistance from the Supreme Court of Appeals of West Virginia. The prosecution is being led by Counsel to the United States Attorney Steven Ruby.

Slack faces up to five years in prison when he is sentenced on December 19, 2013 by United States District Judge John T. Copenhaver, Jr.

Click here to view a copy of the plea agreement

MDENT agents found prescription pain pills, firearms and cash at ‘stash houses’ during investigation

CHARLESTON, W.Va. – A 31-year-old Allentown, PA, man pleaded guilty to his role in an illegal oxycodone distribution scheme in Charleston, announced U.S. Attorney Booth Goodwin.  Walter Parris, also known as “Panna,” pleaded guilty today to aiding and abetting the possession with intent to distribute a quantity of oxycodone and alprazolam, also known as “Xanax.”  

On April 29, 2012, members of the Metropolitan Drug Enforcement Network Team (MDENT) executed a search warrant on 723 Garvin Street located in Charleston, based on officers’ probable cause that prescription pills were being sold out of the residence. During the execution of the search warrant, agents spotted Parris and several of his associates at 721 ½ Garvin Street, a nearby residence.  Parris was taken into police custody based on an outstanding warrant for his arrest.  Police later conducted a search of the residence and found a set of luggage that belonged to Parris.  A search of the luggage revealed a loaded .25 caliber pistol with a chambered round and numerous paper documents bearing Parris’ name. 

Using several investigative leads, agents determined that Parris and his associate used the 723 Garvin Street residence to distribute their pills but maintained a “stash house” to store their prescription pain pills at 818 West Avenue in Charleston.   MDENT agents also discovered that a door key, found in Parris’ associate’s pocket at the time of his arrest, matched the bottom and top lock for the 818 West Avenue residence.  A search warrant was executed on that residence.  Police found a .45 caliber pistol, $3,740 cash, 520 Xanax pills, 93 oxycodone pills, marijuana and paper documents linked to Parris.         

Parris faces up to 20 years in prison and a $1 million fine when he is sentenced on December 18, 2013 by United States District Judge John T. Copenhaver, Jr. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

This case was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

The investigation was conducted by MDENT.  Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. 

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HUNTINGTON, W.Va. – A 30-year-old woman was sentenced to 21 months in prison today for her role in a heroin distribution scheme, announced U.S. Attorney Booth Goodwin. Ashlei Steinbrecher, of Huntington, previously pleaded guilty to aiding and abetting the distribution of heroin.

On January 23, 2013, Steinbrecher arranged a heroin transaction between co-defendant Alvaro J. Jaime Jr. and what determined to be a Drug Enforcement Agent (DEA) agent working undercover.  Steinbrecher and Jaime met the undercover DEA agent at a predetermined location in Chesapeake, Ohio.  Jaime, who at the time indicated that he did not have enough heroin to complete the transaction, directed Steinbrecher and the undercover agent to a second location in Huntington, where they met with another heroin dealer. After arriving in Huntington, Jaime met the heroin dealer in the parking lot of a Huntington-area restaurant.  Jaime obtained approximately four grams of heroin from his source of supply.  Afterward, Jaime distributed the heroin to an undercover DEA agent in exchange for $600.  Steinbrecher received $200 in pre-recorded U.S. currency as payment for her role in the transaction.  The transaction was recorded by law enforcement authorities using audio and video surveillance. 

Steinbrecher also arranged illegal heroin transactions on January 29, 2013 and in February 2013 and received cash payments for her participation. 

Alvaro F. Jaime, Jr., 29, of Chesapeake, Ohio, was sentenced last week to 46 months in federal prison for selling heroin. 

The DEA and Huntington Police Department conducted the investigation.  Assistant United States Attorney Gregory McVey handled prosecution. 

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Michael Lashawn Johnson admits distributing nearly 2 kilos of crack cocaine

HUNTINGTON, W.Va. – Michael Lashawn Johnson, also known as “Spank,” of Huntington, was sentenced today to 14 years in prison for selling crack cocaine, announced U.S. Attorney Booth Goodwin.  The sentence was handed down by Chief United States District Judge Robert C. Chambers in federal court in Huntington.  Johnson, 34, previously pleaded guilty to conspiracy to distribute 280 grams or more of crack cocaine.  

Johnson sold crack cocaine during a conspiracy that began as early as 2006.  During the scheme, Johnson obtained crack cocaine and powder cocaine from Columbus and brought it back to Huntington to sell.  Johnson was a frequent source of supply of crack cocaine to other drug dealers in and around Huntington. 

On December 6, 2010, Johnson’s vehicle was stopped along State Route 104 by members of the Ohio State Highway Patrol. During the traffic stop, an Ohio Highway Patrol police dog performed a search on the defendant’s vehicle.  The vehicle search revealed $33,000 in cash.  On April 13, 2011, members of the Huntington Violent Crime and Drug Task Force used a confidential informant to conduct a controlled purchase of crack cocaine from Johnson.  The defendant later sold 10.9 grams of crack cocaine to the police informant in exchange for $700.  On February 7, 2013, an arrest warrant was issued for Johnson.  Police arrested Johnson at his Huntington residence.  At the time of his arrest, police also found items consistent with the production of crack cocaine inside Johnson’s residence, along with a .40 caliber semi-automatic pistol.  

In total, Johnson is responsible for distributing approximately two kilograms of crack cocaine. 

This case was investigated by the Huntington Violent Crime and Drug Task Force.  Assistant United States Attorney Gregory McVey handled the prosecution. 

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Vivek Shah threatened to kill family members of seven wealthy extortion targets

BECKLEY, W.Va. - U.S. Attorney Booth Goodwin today announced that Vivek Shah, 26, of West Hollywood, Calif., was sentenced to 7 years and 3 months in federal prison for orchestrating a multimillion-dollar extortion scheme.  Last year, Shah threatened to kill family members of seven prominent victims, including movie producer Harvey Weinstein, Groupon co-founder Eric Lefkofsky, and coal executive Chris Cline, unless his targets wired tens of millions of dollars into offshore bank accounts. 

"Imagine how terrifying it would be to open the mail and find a threat to kill your spouse or your children," said U.S. Attorney Booth Goodwin. "This defendant carried out a carefully planned scheme designed to frighten his victims out of more than $120 million. It was an extraordinarily brazen crime, and I'm pleased, for the victims' sake, that we were able to put a stop to it so quickly."


Shah’s other victims included oil and gas billionaire Terry Pegula, from whom he demanded $34 million; Playtone film company co-owner Gary Goetzman, from whom he demanded $9.6 million; Ryan Kavanaugh, founder of Relativity Media, from whom Shah demanded $11.3 million; and Dannine Avara, daughter of a prominent Texas oil-industry executive, from whom Shah demanded $35 million.  

Shah demanded $4 million from Weinstein, $16 million from Lefkofsky and $13 million from Cline.  His demands totaled more than $122 million.

Shah sent letters threatening specific family members of his victims by name and used language carefully designed to persuade his targets that his threats were serious.

Shah used various means to avoid detection during the scheme by creating false identities. He fraudulently opened financial accounts in his victims' names. Shah also made purchases using prepaid debit cards that he registered under aliases. To avoid being traced when he committed criminal acts using his computer, he sought out anonymous, public Internet hotspots; altered the address associated with the computer's network card; and routed his Internet communications through special servers that disguise users' identities. He also created numerous accounts with the U.S. Postal Service under false names.

Shah was arrested by FBI agents on August 10, 2012 in Schaumberg, Ill.

This investigation was conducted jointly by the Federal Bureau of Investigation’s Pittsburgh, Los Angeles, and Chicago divisions, and the United States Postal Inspection Service.

Counsel to the United States Attorney Steve Ruby handled the prosecution.

Click here to listen to an audio clip provided by U.S. Attorney Booth Goodwin

Longtime Massey division president is highest-ranking official convicted in ongoing federal investigation; Sentence is one year above the top of federal advisory guidelines range

BECKLEY, W.Va. – United States Attorney Booth Goodwin today announced that a longtime Massey Energy Company executive was sentenced to 42 months in prison followed by 3 years of supervised release for two federal crimes in connection with an ongoing investigation of practices at Massey. David Hughart, 54, of Crab Orchard, West Virginia, is the former president of Massey’s Green Valley Resource Group and the highest-ranking official to be convicted in the ongoing federal investigation.  Hughart’s sentence is one year above the top of federal advisory guidelines range.  Hughart previously pleaded guilty in February to two federal charges: conspiracy to impede the Mine Safety and Health Administration (MSHA) and conspiracy to violate mine health and safety laws. 

“Mine safety laws exist to protect the health and safety of coal miners. When those laws are broken, miners' lives are put in danger. That's absolutely intolerable," said U.S. Attorney Booth Goodwin. "This prosecution reiterates the message that mine safety laws are never, ever optional." 

Hughart admitted that he and others at Massey conspired to violate health and safety laws and to conceal those violations by warning mining operations when MSHA inspectors were arriving to conduct mine inspections. 

Hughart is the highest-ranking mine official ever convicted of conspiracy to impede MSHA or conspiracy to violate mine health and safety standards. 

Coal mines in the United States are subject to an array of mandatory federal mine health and safety standards designed to prevent dangers such as explosions, roof collapses, and fires. MSHA conducts frequent, unannounced mine inspections to monitor compliance with those requirements. When MSHA inspectors find violations of health and safety requirements, mine owners are subject to monetary penalties and, in some cases, production shutdowns until violations are corrected.

The investigation was conducted by the Federal Bureau of Investigation, the Department of Labor Office of Inspector General, and the Internal Revenue Service's Criminal Investigation arm. Alpha Natural Resources, Inc., which acquired Massey’s operations in a June 2011 merger, is continuing to cooperate with the investigation.

The sentence was handed down by United States District Judge Irene C. Berger in federal district court in Beckley. 

Counsel to the United States Attorney Steven Ruby handled the prosecution. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that two top senior executives of an employment staffing agency that operated in West Virginia were sentenced to prison for failing to pay more than $630,000 in federal employment taxes.  Daniel Hovis, owner and president of Career Search One, Inc., was sentenced to two years in prison.  Hovis, 60, of Whittier, NC, previously pleaded guilty in May for failing to pay trust fund taxes to the Internal Revenue Service (IRS).  The corporation’s vice president and director of counseling, Janice Hensley, 62, of Charleston, was sentenced today to one year and eight months in prison.  Hensley also previously pleaded guilty in May to federal tax evasion. 

The sentences were handed down by United States District Judge Thomas E. Johnston in Charleston.  Hovis and Hensley together failed to pay more than $600,000 in federal employment taxes that were owed to the IRS.   

From 2004 through the first quarter of 2010, Hovis and Hensley withheld trust fund taxes from many employees’ paychecks.  The trust fund taxes were monies that were owed to the IRS.  Hovis and Hensley each failed to report or pay over trust fund taxes that they had previously withheld from employees’ wages. Trust fund taxes are withheld federal income and Federal Insurance Contribution Act (“FICA”) taxes, which also include Social Security and Medicare taxes.  Career Search One, Inc. only partially paid these taxes.

Career Search One, Inc. specialized in providing employees to client businesses for a fee.  The corporation’s primary bookkeeping offices were based in Charleston and Wheeling, West Virginia.  Hovis and Hensley both worked out of the Charleston location.

From 2004 through the first quarter of 2010, Hovis and Hensley failed to report and pay over approximately $630,158.94 in trust fund taxes to the IRS on behalf of Career Search One, Inc.’s employees.  Instead, Hovis and Hensley used the monies for personal expenses.  Both executives knew that the corporate funds should have been used for the payment of trust fund taxes.

At sentencing, the Court ordered the defendants to pay restitution in the amount of $630,158.94.

The Internal Revenue Service’s Criminal Investigative Division conducted the investigation.  Assistant United States Attorney Meredith George Thomas handled the prosecutions. 

Francesco Gulino was arrested in April in Raleigh Co. for possessing heroin

BECKLEY, W.Va. – An Italian national who illegally reentered the United States after being previously deported pleaded guilty today in federal court in Beckley, announced United States Attorney Booth Goodwin.  Forty-three-year-old Francesco Gulino, also known as “Frank Gulino,” of Italy, was indicted in June 2013 for the federal offense of aggravated reentry.  Gulino had been previously convicted of attempted felonious assault in May 2009 in the Court of Common Pleas, Cuyahoga County, Ohio.  Gulino was later deported from the United States on or about April 20, 2011.  Sometime after April 20, 2011, Gulino illegally reentered the United States from Canada.   Gulino had not obtained approval of the Secretary of Homeland Security to reapply for admission.

On April 20, 2013, Gulino was arrested by the West Virginia State Police in Raleigh County, W.Va., for possession with intent to deliver a controlled substance. In July 2013, Gulino was convicted in Raleigh County Circuit Court of possession with intent to deliver heroin. 

Gulino faces up to 20 years in federal prison when he is sentenced in January 2014 by United States District Judge Irene C. Berger.   The defendant will also face an administrative deportation proceeding after he discharges his federal sentence. 

The U.S. Department of Homeland Security, assisted by the West Virginia State Police and the Raleigh County Prosecuting Attorney’s Office conducted the investigation.  Assistant United States Attorney Erik S. Goes is handling the prosecution. 

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Defendants allegedly conspired to set blaze to Logan office building; collected more than $1 million in insurance proceeds 

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that an indictment was unsealed today charging four people in connection with a Logan County arson investigation.  A 36-count indictment was unsealed today, charging James Gregory Glick, Guy R. Miller, Shawn C. Simon and William Jamey Thompson with conspiracy to commit arson, conspiracy to commit mail and wire fraud.  Glick, 44, of Logan, was also charged with obstruction of justice, unlawful monetary transactions, and structuring in connection with the alleged scheme. 

The indictment was unsealed today following the arrest of Mr. Glick.  According to the indictment, in November 2011, Glick allegedly arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds.  In late December 2011, the building was purchased by a known person for $45,000 prior to the alleged scheme.  That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.

During the alleged scheme, Mr. Glick then paid co-defendant William Jamey Thompson, 44, an independent insurance agent from Chapmanville, approximately $75,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme.  On the night of February 1, 2012, the indictment alleges that Guy R. Miller, 39, of Logan, co-defendant Shawn C. Simon, 41, of Charleston, and another person worked together to set the fire.  Miller, Simon, and another person set the fire by allegedly spreading gasoline throughout the main floor. 
In addition, Thompson was charged with submitting a false and fraudulent property loss insurance claim on behalf of Mr. Glick to General Star, allowing Glick to collect more than $1 million in insurance proceeds, the indictment alleges.   

Also during the alleged scheme, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions.  It is also alleged that Mr. Glick structured more than $170,000 in monies from accounts at LB&T during the conspiracy.  “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).          

The West Virginia State Police and the IRS are conducting the investigation.  Assistant United States Attorney Thomas Ryan is in charge of the prosecution. 

An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

Click here to view a copy of the indictment

Makeshift doctor’s office lacked running water, exam table, and medical equipment

CHARLESTON, W.Va. –United States Attorney Booth Goodwin announced today that a former Logan County doctor was sentenced to five years and eleven months in prison for operating a Logan pill mill.  Dr. Fernando Gonzales-Ramos, 47, previously pleaded guilty in May to conspiracy to distribute controlled substances without a legitimate medical purpose. The sentence was handed down by United States District Judge John T. Copenhaver, Jr. in Charleston.   

“Dr. Gonzales-Ramos wasn’t operating a doctor’s office, he was running a drug den,” said U.S. Attorney Goodwin. “His so-called office had no exam table, no running water, and not even so much as a stethoscope. For thousands of dollars in cash, he was pumping out prescriptions for thousands of units of powerful narcotics.”

“This pill mill did enormous harm across a wide swath of our state and beyond,” said Goodwin. “Doctors swear an oath to do no harm, so it’s especially tragic when someone uses his or her prescription-writing privileges to fuel our region’s worst crime problem. I hope these cases send a message: There are consequences if you abuse your prescription power.”

“The vast majority of physicians prescribe responsibly,” Goodwin continued, “but even a handful of bad doctors can flood our communities with illegal pills. Every time we put a law-breaking doctor out of business, it’s a big step toward getting this problem under control.”

Gonzales-Ramos, who practiced medicine in Logan before moving to Texas in July 2011, began making trips from Texas to West Virginia approximately every three months to operate a cash-only business in Logan.  At the time, Gonzales-Ramos also hired a commercial security guard who was armed with a firearm to protect his phony Logan County office.  Law enforcement agents also determined during an investigation that the office lacked an exam table, running water and medical equipment. 

On March 2, 2013, an individual cooperating with the FBI entered the building that Gonzales-Ramos used as an office and paid $450 cash in exchange for a prescription for the painkiller hydrocodone.  Prior to obtaining the prescription, the cooperating individual had not been examined or questioned by anyone.  The cooperating individual obtained the prescription from Gonzales-Ramos’s office in less than three minutes. 

On March 3, 2013, law enforcement agents executed a search warrant on the building located at 2130 Old Logan Road in Logan.  During the execution of the warrant, agents found several individuals waiting inside to get written prescriptions for controlled substances from Gonzales-Ramos. 

From September 2011 through March 3, 2013, Gonzales-Ramos ran a cash-only business at the Logan County office where he charged patients $450 for Schedule III controlled substance prescriptions and $500 for Schedule II controlled substance prescriptions.  After collecting the cash payments, Gonzales-Ramos directed an associate to make cash deposits into his personal bank accounts.  On March 3, 2013, Gonzales-Ramos directed his associate to make two cash deposits of $9,000 and $9,975 into his personal bank accounts. 

As part of his plea agreement, Gonzales-Ramos agreed to surrender his Drug Enforcement Administration Certificate of Registration. 

The investigation was conducted by the FBI, the U.S. 119 Drug Task Force, the West Virginia State Police, and the Logan County Sheriff’s Department.  Assistant United States Attorney Steven Loew handled the prosecution. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Click here to listen to an audio clip from U.S. Attorney Goodwin

Seven defendants charged to date in ongoing fraud investigation at Massey legacy mines

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced additional charges in connection with a major false billing scheme orchestrated by former employees of Alpha Natural Resources (“Alpha”) and certain companies that provided supplies, equipment, and services to Alpha.  Three individuals were charged today: Ricky R. Smith, of 49, Glen Daniels, James Rodger Long II, 34, of Beckley, and Harold Wayne Brown, II, 41, of Madison, W.Va.

Smith and Long, both former local “sourcing agents” for Massey Energy (“Massey”) legacy mines, have been charged by information with wire fraud and aiding and abetting.  Brown, a former Alpha underground maintenance chief, was charged with making a false statement to federal authorities in connection with the false billing scheme.  All three have agreed to plead guilty and are cooperating with the ongoing investigation.

An ongoing investigation revealed that several mine sourcing agents, generally responsible for ordering goods and services for mining operations from Alpha suppliers, participated in an illegal scheme to obtain goods for their own personal benefit.  The investigation further revealed that the sourcing agents, working in conjunction with the suppliers, hid numerous illegal transactions by creating false invoices. 

According to court documents, on October 6, 2011, sourcing agent Ricky Smith submitted a false invoice for $16,500 to purchase a “duster” from a leading Alpha parts supplier, M&S Hydraulics.  Court documents also revealed that in a similar scheme, James Long, working with co-conspirators, submitted a false invoice for equipment totaling $8,820 to M&S Hydraulics.  The false invoices were intended to look like legitimate purchases, but were actually used to provide cash, gifts and other things of value to the sourcing agents and other Alpha employees. 

In March, charges were filed against the owner of M&S Hydraulics, Donald Bryan Steele. Steele was charged with wire fraud and aiding and abetting in connection with the false billing scheme.  Charges were also previously filed in March against co-conspirators Edward Ellis Mullins, 41, of Peytona, W.Va., Joey R. Phalin, 36, of Crab Orchard, W.Va., and Nicholas R. Coleman, 29, of Lester, W.Va.  Mullins, Phalin and Coleman are all former sourcing agents for Massey Energy (“Massey”) legacy mines. Each defendant was charged by information with wire fraud and aiding and abetting.  All four defendants have agreed to plead guilty and are cooperating with the ongoing investigation.

Mullins was employed as the sourcing agent for the Shonk Powellton #1 mine, operated by the Elk Run Coal Company, an Alpha subsidiary.  Around November 2011, Mullins approached a supplier, who generally provided tires, wheels and other vehicle-related materials to Massey and now Alpha, about supplying him and other Alpha employees tires and wheels for their personal vehicles.  In exchange, Mullins agreed to allow the tire seller to submit false invoices for payment to Alpha reflecting that tires used in the mining operations had been delivered.  For its participation, the tire seller was told to “pad” the false invoice.  The tire seller immediately provided this information to Alpha corporate security, who, in turn, contacted the FBI and West Virginia State Police.  A criminal investigation revealed that not only Mullins, but other sourcing agents, including Phalin and Coleman, who were employed by another Alpha subsidiary, Marfork Coal Company, were also engaged in the false billing scheme. 

Through the sourcing agents’ cooperation and other information, law enforcement agents have identified other conspirators linked to the widespread false-billing scheme. 

Mullins, Phalin, Coleman and Steele each face up to 20 years in prison and a $250,000 fine.  

Smith and Long each face each face up to 20 years in prison and a $250,000 fine.   Brown faces up to five years in prison and a $250,000 fine.

The investigation was conducted by the FBI and the West Virginia State Police with cooperation from Alpha Natural Resource’s internal security team.  Assistant United States Attorney Thomas Ryan is in charge of the prosecutions. 

In June 2011, Alpha Natural Resources finalized the purchase of Massey, including the mining divisions located along WV Route 3 in Boone and Raleigh counties. 

Note: A sourcing agent refers to the individual located at each mine site who is responsible for ordering goods and services from vendors to ensure the continuation of mining operations.    

Police also found 17 firearms, hundreds of marijuana plants at defendant’s residence

CHARLESTON, W.Va. – A Fayette County pill dealer who sold approximately 250 powerful prescription painkillers over a two-year period was sentenced today to three years and ten months in federal prison, announced U.S. Attorney Booth Goodwin.  Vernon Peters III, 35, of Kincaid, Fayette County, W.Va., previously pleaded guilty in May to distribution of oxycodone.  On March 20, 2012, Peters sold three 30-milligram oxycodone tablets to a police informant.  The pill transaction occurred at the defendant’s Fayette County residence.   

On March 19, 2012, members of the West Virginia State Police seized approximately 17 firearms and 236 marijuana plants from the defendant’s residence.  A number of firearms at the residence were located in close proximity to the marijuana plants.

In total, Peters illegally sold approximately 250 30-milligram oxycodone pills in and around Fayette County. 

The West Virginia State Police conducted the investigation.  Assistant United States Attorney John File handled the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr. 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Rosalie Seabolt stole more than $800,000 from Kimco, Inc.

CHARLESTON, W.Va. –A former bookkeeper for a Spencer-based oil and gas company who admitted embezzling more than $800,000 from her employer pleaded guilty today to a federal charge, announced United States Attorney Booth Goodwin.  Rosalie J. Seabolt, 59, of Spencer, W.Va., pleaded guilty to mail fraud before United States District Judge John T. Copenhaver, Jr. in Charleston.  Seabolt was employed at Kimco, Inc. and its related company, Roy G. Hildreth and Son, Inc. (“Hildreth”), for more than 25 years.  During her employment at Kimco, Seabolt eventually became the company’s bookkeeper. 

U.S. Attorney Booth Goodwin said, “Having nearly a million dollars wiped out of a bank account can create distress for practically any business, but it's especially significant to a small business.  That's why my office has focused on investigating and prosecuting cases like these, to protect small businesses and to send a clear message that such conduct will not be tolerated in this district."

From approximately September 9, 2000 and continuing through December 24, 2012, during her employment at Kimco, Seabolt wrote numerous unauthorized checks to herself from the company’s bank account.  During the scheme, Seabolt deposited and cashed these checks at her personal credit union.  To prevent Kimco from discovering the unauthorized checks, Seabolt misleadingly indicated in Kimco’s books that the unauthorized checks were made to Hildreth as a business expense. 

From at least 2000 through 2012, Poca Valley Bank mailed monthly bank statements to Kimco that included check images.  Seabolt, who was in charge of reviewing the monthly bank statements, altered the statements by covering up the check images that revealed unauthorized checks she had written to herself.  Also during the scheme, Seabolt destroyed portions of original bank statements the company had received from the bank. 

On January 10, 2013, Seabolt told police that she had defrauded Kimco.  In total, Seabolt took approximately $815,693.27 of monies from the company.      

Seabolt faces up to 20 years in prison and a fine of up to $250,000 when she is sentenced on November 21, 2013.   

The investigation was conducted by the FBI and the West Virginia State Police.  Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. 

This case is being prosecuted as part of the United States Attorney’s Office for the Southern District of West Virginia’s Business Protection Initiative.  U.S. Attorney Booth Goodwin announced the Business Protection Initiative in November 2010.  Business protection is a primary initiative of the U.S. Attorney’s Office that focuses on prosecuting individuals who defraud West Virginia businesses.

Paul Jenkins left DVD that contained a video of child pornography inside rented computer

CHARLESTON, W.Va. – A 33-year-old Mingo County pedophile faces up to 30 years in prison after pleading guilty to production of child pornography, announced U.S. Attorney Booth Goodwin.  Paul Silas Jenkins, of Williamson, pleaded guilty today in federal court before United States District Judge John T. Copenhaver, Jr. in Charleston. 

U.S. Attorney Goodwin said, “Cases involving the exploitation of innocent children are so critical.  This case underscores the fact that sexual exploitation remains a serious problem.”  Goodwin continued, “My initiative to combat despicable acts of child sexual abuse will continue.”

Beginning some time in 2010 and December 2011, Jenkins established a relationship with a minor between the age of 12 and 16 years old.  During that time, Jenkins persuaded the minor to perform sexual acts and then produced a video of the conduct.  Jenkins copied the video containing child pornography onto a recordable DVD.  The DVD was discovered inside a rented computer that was returned to a Rent-A-Center located in Pike County, Kentucky.

Jenkins is scheduled to be sentenced on November 20, 2013. 

The FBI and the West Virginia Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Jennifer Rada is in charge of the prosecution. 

This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Three minor children in apartment that had three firearms, heroin

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Charleston woman was indicted today by a federal grand jury in connection with illegal drug and firearm possession offenses. According to a three-count indictment, Chandra K. Ross, 29, allegedly possessed heroin with intent to distribute on July 18, 2013 near Charleston.  The indictment also alleges that on July 18, 2013, Ross possessed three firearms during and in relation to a drug trafficking crime.

A third count in the indictment returned today by a federal grand jury in Charleston alleges that Ross knowingly possessed a .22 caliber revolver which had an obliterated serial number.

On July 18, 2013, police executed a search warrant on Ross’ Charleston apartment.  According to the search warrant affidavit accompanying the criminal complaint, police found $26,825 in cash, over 100 grams of heroin and three handguns at the residence.  Two of the handguns were previously reported stolen and another handgun had an obliterated serial number, the affidavit says.  Police also recovered $1,701 in cash from Ross’ purse.  The affidavit further says that at the time of the investigation, Ross shared the residence with her three minor children.   

Ross faces a mandatory minimum of five years and up to life in prison and a $1,500,000 fine, if convicted. 

The investigation was conducted by the Kanawha Bureau of Investigations.  Assistant United States Attorneys Steven Loew is in charge of the prosecution. 

The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

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

Click here to view the criminal complaint

Click here to view the indictment