Southern District of West Virginia

Seized drugs exceed $250,000 street value -- largest ever for Southern Regional Drug Task Force

BLUEFIELD, W.Va. – United States Attorney Booth Goodwin today announced that a Mercer County man was convicted by a federal jury sitting in Bluefield on federal drug and firearm possession charges.  Brady Woods, 37, of Bluefield, W.Va., was found guilty on all counts of a five-count indictment: two counts of distributing crack cocaine, one count of possession with intent to distribute more than 280 grams of crack cocaine, one count of possession with intent to distribute cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime. 

Evidence at trial proved that on January 31, 2011, the Woods sold crack cocaine near Bluefield.  Trial evidence also revealed that in February 2011, Woods sold crack cocaine to an individual cooperating with law enforcement authorities.  The illegal drug transaction took place near Bluefield.  Woods was also convicted of possessing a .44 caliber firearm in relation to a drug crime.   

The Southern Regional Drug and Violent Crime Task Force seized more than three pounds of crack cocaine as a result of this investigation.  The drug seizure marks the largest of its kind that the Southern Regional Task Force has recorded.  The illegal drugs seized by law enforcement have an estimated street value that exceeds $250,000.    

Woods faces up to life in prison when he is sentenced on August 26, 2013 by Senior United States District Judge David A. Faber.

The West Virginia State Police Bureau of Criminal Investigations and the Southern Regional Drug and Violent Crime Task Force conducted the investigation.  Assistant United States Attorneys Haley Bunn and Miller Bushong handled the prosecution. 

This case was 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.

BECKLEY, W.Va. – Federal Correctional Institution (FCI) Beckley inmate Randy Fay Prentice was sentenced on April 10 to a year in federal prison for escaping a satellite prison camp, announced U. S. Attorney Booth Goodwin.  Prentice, 47, pleaded guilty to a one-count indictment that was returned by a federal grand jury in October 2012. 

On September 19, 2012, Prentice knowingly escaped the satellite prison camp at FCI Beckley.  A short time after his escape from the prison camp, Prentice was apprehended by prison officials. 

The sentence was imposed by United States District Judge Irene C. Berger. The Court ordered the sentence to run consecutive to the defendant’s current prison term.  Prentice was previously sentenced in September 2011 in the United States District Court in North Carolina to 81 months in federal prison. 

A number of Federal Bureau of Prison institutions have a small, minimum security camps that are in close proximity to the main facility. These camps, often referred to as Satellite Prison Camps, provide inmate labor to the main institution and to off-site work programs.

The investigation was conducted by the U.S. Marshals Service and the Federal Bureau of Prisons.  The investigation was also assisted by the West Virginia State Police and the Raleigh County Sheriff’s Department.  Assistant United States Attorney John File handled the prosecution. 

Wood County man admits collecting child pornography

HUNTINGTON, W.Va. – “We’ve taken another pedophile off the streets,” U.S. Attorney Booth Goodwin announced, in the wake of a Wood County man’s federal sentencing on child pornography charges. Terry David McVey, 60, of Parkersburg, W.Va., was sentenced on April 8 to six and a half years in federal prison for possession of child pornography.  The sentence was handed down by Chief United States District Judge Robert C. Chambers in Huntington.

McVey admitted he collected at least 300 but fewer than 600 pictures of children having sex or performing sexual acts. The child pornography was found on McVey’s computer after he downloaded it from the Internet.  McVey previously pleaded guilty to the federal charge in December 2012. 

“April is Sexual Assault Awareness and Prevention Month,” U.S. Attorney Booth Goodwin said.  “This sentencing is yet another reminder that sexual exploitation remains a terribly serious problem in West Virginia and around the country.” 

Goodwin continued, “People who download, possess and trade child pornography perpetuate the abuse and exploitation of children. I will be relentless in prosecuting them.”

The United States Postal Inspection Service and the Wood County Sheriff’s Department conducted the investigation.   Assistant United States Attorney Jennifer Rada handled the prosecution. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. 

BLUEFIELD, W.Va. –A Bluefield man who admitted to shooting a confidential police informant was sentenced on April 8 to ten years in federal prison on illegal firearm charges.  Shawn T. Anderson, 36, of Bluefield, W.Va., previously pleaded guilty in October 2012 to carrying a firearm during and in relation to a crime of violence.

Anderson admitted that on December 6, 2011, he met near Bluefield with an individual who was cooperating with law enforcement authorities.  Anderson confronted the informant about cooperating with law enforcement and displayed a gun, attempting to scare the informant out of any further police cooperation.  Anderson fired several rounds from the weapon, and one of the rounds struck the confidential informant in the hand. 

The Southern Regional Drug and Violent Crime Task Force conducted the investigation.  Assistant United States Attorney John File handled the prosecution.   The sentence was imposed by Senior United States District Judge David A. Faber. 

The case was prosecuted as part of the Bluefield Pill Initiative (BPI).  BPI 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.

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.

BECKLEY, W.Va. – A Raleigh County man who admitted to having an addiction to prescription painkillers pleaded guilty today in federal court to illegal possession of a firearm, announced United States Attorney Booth Goodwin.  James David Morris, 34, of Eccles, W.Va., entered a guilty plea to being an unlawful drug user in possession of a firearm.  Morris admitted that he knowingly possessed a .45 caliber pistol near Harper, Raleigh County on March 28, 2012.  Morris further admitted that at the time he possessed the firearm, he was an unlawful user of and addicted to the powerful prescription painkiller oxycodone.    

Morris faces up to 10 years in prison and a $250,000 fine when he is sentenced on August 1, 2013 by United States District Judge Irene C. Berger. 

The West Virginia State Police and the FBI conducted the investigation. Assistant United States Attorney John File is in charge of the prosecution.

This 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 working with existing local programs that target gun crime.

This case is also 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. 

Dr. Gonzales-Ramos’s Logan, West Virginia office lacked an examination table, medical equipment and running water

*Audio Clip included*

CHARLESTON, W.Va. –United States Attorney Booth Goodwin has charged a Texas doctor who formerly practiced in Logan County, W.Va., in connection with an alleged Logan County pill mill.  Dr. Fernando Gonzales-Ramos, 47, of El Paso, Texas, was charged with conspiracy to distribute and dispense controlled substances without a legitimate medical purpose and outside the usual course of professional practice. Gonzales-Ramos was charged last week in a legal filing known as an information, which typically signals that a defendant has agreed to plead guilty and is cooperating with prosecutors.

According to the information filed today, from December 2012 through March 3, 2013, Gonzales-Ramos knowingly dispensed controlled substances for illegitimate medical purposes. 

Gonzales-Ramos was a practicing physician in and around Logan County, W.Va. until moving to El Paso, Texas. 

According to a publicly available criminal complaint made by the FBI, on March 2, 2013, an individual cooperating with law enforcement entered a building located in Logan, W.Va., that the defendant used at the time to distribute narcotics and paid $450 cash in exchange for a prescription for the painkiller hydrocodone.  Early the next day, law enforcement agents observed several people waiting outside the same building.  Law enforcement agents executed a search warrant on the building.  During the execution of the warrant, agents discovered a number of individuals waiting inside to get written prescriptions.  Law enforcement agents also discovered that the building did not have an examination table or basic medical equipment such as a stethoscope, blood pressure cuff, or scales.  The search conducted by law enforcement further revealed no running water in the building.  

The investigation also revealed that employees working in the building at the time were an armed security guard, a bodyguard carrying brass knuckles, and a nurse/receptionist.

“As alleged, this doctor’s criminal conduct is shocking,” said U.S. Attorney Goodwin. “He ran a phony medical practice that was really nothing more than a drug den. It’s appalling that a licensed physician would pump illegal pills into our communities like this.”

Gonzales-Ramos faces up to 20 years in federal prison and a $1 million fine as a result of the charge filed by Goodwin. No court date has been set.

The investigation is being conducted by the Federal Bureau of Investigation, 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 is in charge of the prosecution. 

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

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

Click here to view the information

Click here to view the criminal complaint

Anti-pill sweep continues

BLUEFIELD, W.Va. – U. S. Attorney Booth Goodwin announced that four Mercer County residents and a Baltimore, Maryland resident pleaded guilty in federal court on April 1 to charges of illegally distributing prescription drugs. The charges were brought as part an ongoing effort to combat prescription pill abuse in southern West Virginia known as the Bluefield Pill Initiative.  

“Criminals like these are poisoning our communities,” said Goodwin. “With these five guilty pleas, our message should be clear:  Pill dealers aren’t welcome in southern West Virginia.” 

Goodwin continued, “Fighting the pill epidemic has been my office’s leading priority. Pill dealers will be caught and they will be prosecuted.”  

Robin Bolton, 43, of Princeton, W.Va., pleaded guilty to distributing hydromorphone, a powerful prescription painkiller commonly known as Dilaudid.  Bolton admitted that on October 22, 2012, she sold a quantity of hydromorphone to a person cooperating with law enforcement authorities.  The defendant also admitted that each of the illegal pill transaction took place near Princeton, W.Va. 

Alane McKenzie, 39, of Princeton, W.Va., pleaded guilty to distributing hydromorphone.   McKenzie admitted that on October 22, 2012, she sold a quantity of hydromorphone to a person cooperating with law enforcement authorities.  She also admitted that each of the illegal pill transactions took place near Princeton, W.Va. 

Robin Roope, 39, of Princeton, W.Va., pleaded guilty to distributing hydromorphone.  Roope admitted that on November 5, 2012, she sold a quantity of hydromorphone to a person cooperating with law enforcement authorities.  

Earl Inscore, 43, of Princeton, W.Va., pleaded guilty to distributing hydromorphone.  Bolton admitted that on March 27, 2012, he sold a quantity of hydromorphone to a person cooperating with law enforcement authorities. 

Robert J. Fleek Jr., 31, of Baltimore, MD, pleaded guilty to distributing hydromorphone and buprenorphine. Buprenorphine, commonly known by the trade name Suboxone or Subutex, is a drug intended to help people overcome opioid addiction as part of a rehabilitation program. Fleek admitted that he sold hydromorphone pills to persons cooperating with law enforcement on five different occasions between January 25, 2012, and March 16, 2012.  Fleek also illegally sold buprenorphine to a person cooperating with law enforcement.   

Bolton, Inscore and Fleek face up to 20 years in prison and a $1 million fine when they are sentenced on August 5, 2013.   McKenzie and Roope each face up to 20 years in prison and a $1 million fine when they are sentenced on August 12, 2013 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 Attorneys Miller Bushong and John File are in charge of the prosecutions.  

HUNTINGTON, W.Va. – A Detroit drug dealer who stored firearms, illegal narcotics and cash at his Huntington residence pleaded guilty to federal drug charges, announced U.S. Attorney Booth Goodwin. 

Dwjuan Strickland, also known as “Freak” and “Mitch,” 36, of Detroit, pleaded guilty to possession with intent to distribute heroin and crack cocaine.  Strickland entered into a guilty plea on April 1 in Huntington federal court.  On October 14, 2011, members of the Huntington Violent Crime and Drug Task Force conducted a search of the defendant’s 24th Street residence in Huntington that he shared at the time with convicted felon Lawanna D. Hamlin.  During the execution of the search warrant, law enforcement seized various items including: 9.52 grams of crack cocaine, .45 grams of heroin, three digital scales, two .40 caliber handguns, and approximately $577 cash. 

Prior to executing a search warrant on the defendant’s residence, Huntington Drug Task Force agents conducted several controlled drug purchases of 50 grams of heroin from Strickland and his associate Hamlin.   

Lawanna D. Hamlin, 34, of Huntington, was previously sentenced in July 2012 to 2 ½ years in federal prison for her role in a heroin distribution scheme led by Strickland.

Strickland faces up to 20 years in prison and a $1 million fine when he is sentenced on July 1, 2013 by Chief United States District Judge Robert C. Chambers.   

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

Four co-defendants also admit to their roles in a scheme to bilk BrickStreet Insurance out of millions of dollars

CHARLESTON, W.Va. –A former workers’ compensation insurance premium field auditor employed by BrickStreet Mutual Insurance Company (“BrickStreet”) admitted to federal charges in connection with his role in orchestrating a multimillion-dollar fraud against the state’s leading workers’ comp provider, announced U.S. Attorney Booth Goodwin.  Arville W. Sargent, 52, of Chapmanville, Logan County, W.Va., pleaded guilty to honest services mail fraud and tax evasion on March 27, 2013. 

Two other co-defendants involved in the scheme to defraud BrickStreet were the principals of “employee leasing” companies Aracoma Contracting, LLC (“Aracoma”), Jerome Eddie Russell, 50, of Williamson, W.Va., and Frelin Workman, 58, of Belfrey, KY.  Russell and Workman each pleaded guilty to honest services mail fraud and tax evasion.  Russell and Workman admitted to paying a significant number of their employees in cash as part of a tax evasion scheme to avoid the associated premiums owed to BrickStreet.  Both defendants admitted that they paid Sargent approximately $1 million in cash bribes to falsify the audits performed for the Workers’ Comp Commission and then BrickStreet.  Russell and Workman estimated that the Workers’ Comp Commission and BrickStreet were defrauded approximately $4 million in lost premiums over the course of the fraud scheme. 

Additionally, Randy Workman, 36, of Belfrey, KY, pleaded guilty on March 26, 2013 to aiding and abetting honest mail fraud and tax evasion.  Workman admitted that he utilized a similar cash payroll scheme to evade payroll taxes.  Workman further admitted that from October 1, 2007 through June 30, 2009, he structured approximately $800,000 in cash out of Community Trust Bank and used the funds to pay employees in cash.  Workman also admitted that he underpaid approximately $280,000 in premiums owed to BrickStreet.   

A fifth co-defendant, Arthur J. White, Jr., 60, of Lenore, W. Va., pleaded guilty today to tax evasion and structuring in connection with a scheme to defraud BrickStreet.  White admitted that he paid a portion of the payroll for T&W Services, LLC through a shell company, thereby evading taxes. According to his plea agreement, White estimated that he skimmed approximately fifteen percent of the premium actually owed to BrickStreet over a four-year period, resulting in a loss of approximately $154,527 to BrickStreet.  

Sargent admitted that from its inception in January 2006 until at least February 1, 2011, he led a scheme to defraud BrickStreet by allowing certain policyholders operating in the coal mining industry to drastically underreport their payroll during annual field audits he conducted on behalf of BrickStreet for the intended purpose of confirming those policyholders were paying accurate workers’ compensation insurance premiums.  Sargent further admitted that he purposely allowed four “employee leasing” companies, Aracoma, Christian Contracting, Newhall Contracting and T&W Services, LLC, all of whom provided labor on a contract basis to coal companies in southern West Virginia, 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 faces up to 25 years in prison and a $500,000 fine when he is sentenced on July 8, 2013 by United States District Judge John T. Copenhaver, Jr.   

Russell, Frelin Workman and Randy Workman each face up to 25 years in prison and a $500,000 fine when they are sentenced on July 2, 2013.   

White faces up to ten years in prison and a $500,000 fine when he is sentenced on July 11, 2013.  
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. 

Wyoming County man admits collecting child pornography, pleads guilty to federal crime

CHARLESTON, W.Va. – “We’ve taken another pedophile off the streets,” U.S. Attorney Booth Goodwin announced today, in the wake of a Wyoming County man’s federal guilty plea on child pornography charges. David Walter Martin, Jr., 40, pleaded guilty to possession of child pornography on March 26, 2013, before United States District Judge Irene C. Berger in Beckley. Martin admitted he collected more than 600 pictures and videos of children having sex or performing sexual acts. The child pornography was found on Martin’s computers after he downloaded it from the Internet.

“This kind of crime is utterly revolting,” Goodwin said. “Behind every piece of child pornography traded over the Internet, there is a child somewhere who has been exploited in the most heinous way imaginable. People who download these pictures encourage that exploitation, and I will be relentless in prosecuting them.”

Martin faces up to 10 years in prison and a $250,000 fine when he is sentenced on August 1, 2013. 
The Mullens Police Department, the Wyoming County Sheriff’s Department, and the West Virginia State Police Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html.  For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”

McCoy stole more than a half-million dollars from Chase; created unauthorized cashier’s checks to purchase a Cadillac SUV and a ’68 Chevy Camaro

CHARLESTON, W.Va. –A former Charleston-based J.P. Morgan Chase Bank (“Chase Bank”) executive who admitted embezzling more than a half-million dollars from his employer pleaded guilty today in federal court, announced United States Attorney Booth Goodwin.  Mark Alan McCoy, 46, of Charleston, W.Va., pleaded guilty to embezzlement by a bank officer.  McCoy was employed as the vice president of private client banking services at the bank’s Charleston branch from September 2008 until June 2012. 

“Bank employees are given a tremendous position of trust,” said U.S. Attorney Booth Goodwin. “Customers trust bankers with some of life’s most important matters: their nest eggs, the money they save to send their kids to college, and the money they live on day to day.”

“To abuse that trust is unconscionable,” Goodwin continued. “It’s a crime not only against the bank, but against everyone who counted on this defendant to keep their money safe and sound. I hope this prosecution sends a strong message that this kind of crime will not be tolerated.”

McCoy admitted that from November 30, 2009, and continuing until April 19, 2012, during his employment at Chase Bank, he stole monies belonging to Chase Bank, from approximately nine separate personal and corporate bank clients’ accounts.  McCoy admitted that he created cashier’s checks for himself or would use the proceeds from the original cashier’s checks to create additional unauthorized checks.  McCoy further admitted that on January 19, 2011, he created an unauthorized cashier’s check from a client’s corporate bank account for $59,000, with the check made payable to Moses automotive dealership.  McCoy admitted that he took the cashier’s check and purchased a Cadillac Escalade with the proceeds.  Similarly, on October 19, 2011, McCoy created an unauthorized cashier’s check from a client account for $22,000.  McCoy caused that check to be deposited into another client’s account for payment for a 1968 Chevrolet Camaro. 

In total, McCoy admitted that he took approximately $532,395.59 of monies from Chase Bank.  The actual loss to Chase Bank, after accounting for funds that the defendant deposited into client accounts and other funds that the bank was able to recover, is $447,784.45.      

McCoy faces up to 30 years in prison and a fine of up to $1 million when he is sentenced on July 17, 2013 by United States District Judge Irene Berger.   

The investigation was conducted by the U.S. Secret Service.  Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. 

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that two Columbus men were sentenced on March 25 to a total of 27 years in federal prison in connection with an illegal drug conspiracy in Huntington, West Virginia.  Kevin Luthor Robinson, also known as “KK” 44, was sentenced to 11 years and three months in prison.  Jermaine D. Dickerson, also known as “Chris” and “G,” 36, was sentenced to 15 years and nine months in federal prison.  Both defendants previously pleaded guilty in December 2012 to conspiracy to distribute heroin and 28 grams or more of crack cocaine.  

Robinson and Dickerson admitted that during the fall of 2010 until July 2011, they conspired together to transport and distribute heroin and 28 grams or more of crack in and around the Huntington area.  Both defendants admitted that they arranged frequent trips to Columbus to purchase heroin and cocaine.  The illegal drugs were then transported to Huntington by the defendants.  Robinson and Dickerson also admitted that during the scheme, they converted powder cocaine into crack cocaine for distribution.  The defendants admitted that they worked with multiple co-conspirators and utilized several Huntington residences to store, prepare and package illegal drugs during the conspiracy. 

Robinson and Dickerson further admitted that they directed co-conspirators to set up and complete numerous illegal drug buys.    

The cases were investigated by the DEA, the Huntington Police Department and the High Intensity Drug Trafficking Area Task Force.  Assistant United States Attorney Joseph F. Adams handled the prosecutions.  The sentences were imposed by Chief United States District Judge Robert C. Chambers.

Investigation Uncovers Extensive Fraud at Massey Legacy Mines Operated in Boone and Raleigh Counties

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced charges in connection with a false billing scheme orchestrated by former employees of Alpha Natural Resources (“Alpha”) and certain companies that supplied supplies, equipment, and services to Alpha.  Edward Ellis Mullins, 41, of Peytona, West Virginia, Joey R. Phalin, 36, of Crab Orchard, West Virginia, and Nicholas R. Coleman, 29, of Lester, West Virginia, are former local “sourcing agents” for Massey Energy (“Massey”) legacy mines operated along WV Route 3 in Boone and Raleigh counties. Donald Bryan Steele, 43, of Barboursville, West Virginia, is the owner of M&S Hydraulics, a major Alpha supplier with offices in Barboursville and a rebuild shop in Switzer, West Virginia. Each has been charged by information with wire fraud and aiding and abetting.  All four have agreed to plead guilty and are cooperating with the ongoing investigation.

An 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.  The false invoices, prepared by the supplier, were intended to look like legitimate purchases, but were really used to provide cash, gifts and other things of value to the sourcing agents and other Alpha employees.     

“Today’s announcement is the first step in an ongoing criminal investigation,” U.S. Attorney Goodwin said.  “People who accept bribes or who cheat their employers by approving fake bills are committing fraud, plain and simple, and my office will prosecute them to the fullest extent of the law.”

“Schemes like this create unfair obstacles for suppliers who want to do business honestly,” Goodwin continued, “and they drive up prices for everyone. There’s no place for that in the American economy.”

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.  Over the course of the next six months, the 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, the agents identified an even more prominent supplier involved in the false-billing scheme.  In February 2013, the FBI and the State Police confronted Steele, the owner of M&S Hydraulics, a major Alpha supplier.  The significant evidence uncovered by the FBI and the State Police led Steele to agree to cooperate immediately in the investigation.  

Mullins, Phalin, Coleman and Steele each face up to 20 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.    

Jerry Lowe rented apartment to Huntington pair now serving federal prison sentences for drug felonies

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Huntington landlord pleaded guilty in federal court to distribution of a quantity oxycodone.  Jerry A. Lowe, 46, admitted that on March 16, 2012, he sold three 30-milligram oxycodone tablets in exchange for $90.  Lowe also admitted to receiving an additional $210 from a prior drug-related debt.  Lowe was the former landlord of convicted felons Rafael Cee-Erwin Solomon, 31, of Detroit and Shawna Danielle Lee, 26, of Huntington. 

Lowe admitted that he typically received heroin or prescription painkillers from Solomon and Lee as payment for monthly rent expenses.  Lowe also admitted that he purchased oxycodone pills from another individual who lived at the Highlawn Avenue residence at the time. 

Solomon was previously sentenced in December to 11 years and three months in federal prison for conspiracy to distribute cocaine, crack cocaine, oxycodone, and oxymorphone.  Solomon’s co-defendant Lee, was also previously sentenced in September 2012 to one year and six months in federal prison for maintaining a residence for the purpose of distributing crack cocaine, cocaine, oxycodone and oxymorphone

On June 13, 2012, law enforcement officers conducted a traffic stop of the defendant’s vehicle.  During the stop, officers found the defendant in possession of 1.1 grams of heroin. 

Lowe faces up to 20 years in prison and a $1 million fine when he is sentenced on June 24, 2013 by Chief United States District Judge Robert C. Chambers. 

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. 

CHARLESTON, W.Va. –A Kanawha County man who previously admitted to illegally possessing numerous firearms including an AK-47 assault rifle was sentenced today to four years in federal prison, announced U.S. Attorney Booth Goodwin. Mark Daniel Davis, 52, of Rand, Kanawha County, W.Va., previously pleaded guilty to a charge contained in an indictment returned in May 2012. 

On April 30, 2012, Deputy U.S. Marshals arrived at the defendant’s Rand residence to execute an arrest warrant.  During the execution of the warrant, law enforcement officers observed the defendant standing inside of the residence.  Davis failed to comply with law enforcement’s order to open the front door.  As a result, deputy U.S. Marshals entered the residence through the back door and arrested the defendant.  Deputy U.S. Marshals recovered a loaded 7.62 millimeter pistol from a bedroom night stand and a fully-loaded semi-automatic rifle with an attached bayonet. 

Deputy U.S. Marshals also obtained a search warrant for a gun safe located at the residence.  During the execution of the search warrant on the gun safe, law enforcement found six rifles, including an AK-47 rifle with a bayonet, magazines for each firearm and ammunition.  Law enforcement also recovered body armor, which included a bulletproof vest, from the defendant’s living room area.      

Davis was prohibited from possessing firearms because of a prior felony conviction in March 2003 in the Circuit Court of Wayne County, Michigan for assault. 

This case was investigated by the U.S. Marshals Service.  Assistant United States Attorney William King handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston.   

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

CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin today announced that a Williamson woman has pleaded guilty in connection with her role in operating a Mingo County pill mill.  Myra Sue Miller, 49, of Williamson, Mingo County, W.Va., pleaded guilty in federal court in Charleston to misusing a Drug Enforcement Administration registration number that did not belong to her.  Miller admitted that beginning on February 17, 2010 until February 19, 2010, she and other known individuals 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 employed as the office manager at Ryckman’s principal medical practice formerly located in Williamson, W.Va.  Miller admitted that on February 17, 2010, she faxed several blank “doctors lists” from Ryckman’s Williamson office to Dr. Ryckman who, at the time, was at his Pennsylvania residence.

“This pill mill did enormous harm across a wide swath of our state and beyond,” said U.S. Attorney Goodwin. “Every time we put a law-breaking doctor or clinic out of business, it’s a big step toward getting this problem under control.”

Ryckman previously admitted that he signed and faxed the list back to Miller and other known individuals who were at his Williamson office. Ryckman also previously admitted that under his authorization, the blank lists were then improperly used to prescribe controlled medications for individuals that he did not evaluate or see as patients.

Miller further admitted that during the scheme, she directed other known individuals to fill in the blank doctor’s list with information that included patients' names, dates of birth and prescription type, strength, and quantity.  The improperly authorized 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 known individuals who arrived at the office and then directed them to one of at least two pharmacies located in Mingo County, W.Va., to obtain prescription painkillers that included hydrocodone and Xanax.

William Ryckman, 66, was previously sentenced in March 2012 to six months in prison followed by one year of supervised release for conspiracy to misuse his Drug Enforcement Administration (DEA) registration number.

Miller faces up to four years in prison and a $250,000 fine when she is sentenced on June 18, 2013 by United States District Judge John T. Copenhaver, Jr.    

The matter 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. 
Assistant United States Attorney John Frail is in charge of the prosecution.

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced that two men were indicted on March 13 by a federal grand jury sitting in Beckley in connection with illegal prescription drug distribution and firearm possession offenses. According to a two-count indictment, Jody Lowell Sowder, 36 of Scarbro, Fayette County, W.Va., allegedly distributed oxycodone on September 25, 2012 near Oak Hill, W.Va.  The indictment also alleges that also on September 25, 2012, Sowder possessed a semi-automatic pistol during and in relation to a drug trafficking crime. 

According to a separate six-count indictment filed yesterday, Bobby White, 66, of Gordon, W.Va., allegedly sold a quantity of alprazolam, also known as “Xanax,” on July 5, 2010 near Danville, Boone County, W.Va. The indictment also alleges that White sold quantities of hydrocodone and oxycodone in August 2012 near Boone Co., W.Va.  The indictment further alleges that White possessed a .32 caliber pistol during and in relation to a drug trafficking crime on February 12, 2013. 

Sowder faces up to 20 years in prison and a $1 million fine on Count 1; and up to five years to life in prison on Count 2 if convicted. 

White faces up to life in prison, a $1 million fine on each drug charge and a $250,000 fine on the firearm charge if convicted. 

The investigations were conducted by the Oak Hill Police Department, the U.S. 119 Drug Task Force and the West Virginia State Police.  Assistant United States Attorneys Joshua Hanks and Steven Loew are in charge of the prosecutions. 

The matters are 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.

The matters are also 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. 

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

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Charleston man was sentenced to 12 years and seven months in federal prison for distribution of oxymorphone, also known as “Opana.”   Maurice Minter, also known as “Mo,” 26, previously pleaded guilty in December 2012.  Minter admitted that on August 5, 2011, he sold eight 40-milligram Opana pills to an individual in exchange for $400.  Minter was arrested following the pill transaction.  Metropolitan Drug Enforcement Network Team (MDENT) officers obtained a search warrant for the defendant’s Charleston residence.  During the execution of the search warrant, officers found 180 oxycodone and 109 Opana pills at the residence.     

Minter was sentenced as a career offender because of two prior felony controlled substance convictions in the Circuit Court of Cabell County, West Virginia.

The investigation was conducted by MDENT.  Assistant United States Attorney Haley Bunn 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. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Boone County man was sentenced to three years in federal prison for being a felon in possession of a firearm.  James Franklin Platt, 57, of Whitesville, Boone County, W.Va., previously pleaded guilty to charges contained in an indictment returned in October 2012. Platt admitted that on July 20, 2010, he possessed a .22 caliber revolver near Whitesville, W.Va. 

Platt was prohibited from possessing firearms because of a prior felony conviction in February 1992 in the United States District Court for the Southern District of West Virginia for conspiracy to distribute marijuana and aiding and abetting the possession with intent to distribute marijuana.  Platt was also previously convicted in June 1999 in the Circuit Court of Boone County, West Virginia of conspiracy to deliver a controlled substance.   

This case was 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 Boone County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. Assistant United States Attorney Monica Coleman handled the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr.  

Phillips-Ellis admits to stealing more than $80,000 from the Town of Pineville

BECKLEY, W.Va. – A former Pineville, West Virginia official pleaded guilty in connection with an embezzlement scheme that took more than $80,000 from the Town of Pineville, announced U.S. Attorney Booth Goodwin.  Brandee Denise Phillips-Ellis, 30, of Pineville, Wyoming County, W.Va., pleaded guilty to theft concerning programs receiving federal funds.  Phillips-Ellis admitted that between March 2009 and December 27, 2011, she stole a total of more than $80,000 from the Town of Pineville.  Phillips-Ellis was employed as the city manager and recorder for the Town of Pineville at the time of the scheme. 

U.S. Attorney Booth Goodwin said, “When people abuse a position of trust and steal from public coffers, they’re not just breaking the law---they’re ultimately hurting citizens who count on public services.”  Goodwin continued, “People who attempt to steal from the public till will be caught and they will be punished.” 

During January 1, 2010 and December 31, 2010, the Town of Pineville received benefits in excess of $10,000 under the Safe Routes to Schools Program, a federal aid program administered by the United States Department of Transportation’s Federal Highway Administration. 

Phillips-Ellis admitted that she used twelve Town of Pineville checks totaling $14,649.83 to pay her husband’s personal credit card bills.  The defendant further admitted that she wrote and cashed fraudulent reimbursement checks on Town of Pineville accounts, keeping $3,295.56 for herself.   Additionally, Phillips-Ellis wrote eleven Town of Pineville payroll checks to herself totaling $20,427.50.  Phillips-Ellis further admitted that she cashed a Town of Pineville check for $4,569.58 and used the proceeds in connection with the personal purchase of a car.

Phillips-Ellis also admitted that during her employment at SAFE Housing and Economic Development, Inc. (SHED) in McDowell County, West Virginia, she falsified documents in order to receive $36,380 in payments as a vendor that she was not entitled to receive.  Phillips-Ellis was a full-time employee at SHED from about April 2006 through May 2009.  Phillips-Ellis also worked part-time for the organization from May 2009 until December 2011.  SHED is a non-profit organization that provides housing opportunities to low income first-time homebuyers.

In total, Phillips-Ellis admitted that she embezzled $80,489.96 from the Town of Pineville and SHED.
Phillips-Ellis faces up to 10 years in prison and a $250,000 fine when she is sentenced on June 25, 2013by United States District Judge Irene C. Berger.   

The investigation was conducted by the West Virginia Commission on Special Investigations.  Assistant United States Attorney Eumi Choi is in charge of the prosecution.  

This case is being prosecuted as part of the U.S. Attorney's Initiative to Combat Theft of Government Benefits launched in June 2008.  The Initiative is designed to protect public funds and to prosecute those who steal benefits from public programs or agencies.       

Defendants are 4th and 5th convictions this year in connection with an investigation in Fayette Co.

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Fayette County couple was sentenced to federal prison for selling oxycodone.  Gary Stover, 34, of Kincaid, Fayette County, W.Va., was sentenced to three years and one month in federal prison.  Stover previously pleaded guilty in November 2012 to distribution of oxycodone.  Stover admitted that on March 21, 2012, he sold three 30-milligram oxycodone pills to an individual cooperating with law enforcement authorities.  Stover further admitted that he is responsible for distributing a total of approximately 1000 30-milligram pills.  Stover’s co-defendant, Jamie L. Foster, 26, was sentenced today to three months in federal prison followed by nine months of home confinement for aiding and abetting the distribution of oxycodone.  Foster previously pleaded guilty in October 2012.  Foster admitted that on April 16, 2012, she sold two 30-milligram oxycodone pills to an individual cooperating with law enforcement authorities.  Foster and Stover shared a residence near Kincaid, Fayette County, at the time the illegal pill transactions occurred.   

Stover and Foster are the latest defendants to be sentenced this year in connection with an ongoing drug investigation in Fayette County, W.Va. Earlier this month, Kenneth James Taylor, 32, Page, Fayette County, W.Va., was sentenced to five years in federal prison for distribution of oxycodone. In January, Gerald Wayne Hopkins, 52, of Fayetteville, W.Va., was sentenced to three years’ probation for cocaine distribution.  Also in January, Michael Terry Coleman, 48, of Page, Fayette County, W.Va., was sentenced to two years in federal prison for selling oxycodone. 

The West Virginia State Police Bureau of Criminal Investigation conducted the investigations.  Assistant United States Attorney John File handled the prosecutions.  The sentences were imposed by United States District Judge John T. Copenhaver, Jr.   

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. – U.S. Attorney Booth Goodwin today announced that a Detroit man pleaded guilty to distribution of oxymorphone, also known as “Opana.”  Delbert Lapsley, 48, pleaded guilty in federal court in Charleston.  Lapsley admitted to that on August 2, 2011, he illegally sold Opana at or near Charleston. 

Lapsley faces up to 20 years in prison and a $1 million fine when he is sentenced on June 12, 2013 by United States District Judge John T. Copenhaver, Jr. 

The Drug Enforcement Administration conducted the investigation.  Assistant United States Attorney Monica Coleman 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. – U.S. Attorney Booth Goodwin announced that a Huntington woman pleaded guilty on March 11 in federal court to distribution of oxycodone.  Shena Rena Turner, 26, admitted that on November 19, 2012, she agreed to sell 100 30-milligram oxycodone tablets to a confidential informant working at the direction of the Drug Enforcement Administration (DEA).  Turner further admitted that she received a total of 77 30-milligram oxycodone pills from an associate which she distributed to the informant in exchange for $2,800.  Turner was arrested by DEA agents on February 4, 2013.  Turner admitted that between the summer of 2012 until November 2012, she distributed a total of 300 30-milligram oxycodone pills.     

Turner faces up to 20 years in prison and a $1 million fine when she is sentenced on June 10, 2013 by Chief United States District Judge Robert C. Chambers. 

The DEA conducted the investigation.  Assistant United States Attorney Joseph F. Adams 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. – U.S. Attorney Booth Goodwin today announced that a Columbus man pleaded guilty in federal court to distribution of 28 grams or more of crack cocaine.  Tyree Antonio Spraggins, 25, admitted that on October 27, 2010, he stopped by the Smokin’ Aces store that was located in Huntington and sold 44.3 grams crack cocaine to an undercover agent working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in exchange for $2,600. 

Spraggins further admitted that he sold a total of 142.8 grams of crack cocaine to undercover agents at the Smokin’ Aces store.

Spraggins faces up to 40 years in prison and a $5 million fine when he is sentenced on June 10, 2013 by Chief United States District Judge Robert C. Chambers. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.  Assistant United States Attorney Gregory McVey is in charge of the prosecution. 

This case was prosecuted as part of a yearlong undercover operation that targeted illegal drugs and firearms crimes in the Huntington area. The operation was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and assisted by the U.S. Attorney’s Office, the Huntington Police Department, and various other law enforcement agencies. It was announced to the public in March 2011 after a grand jury returned indictments against 55 defendants.

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Michigan man pleaded guilty to aiding and abetting the possession with intent to distribute heroin. Ralph Oliver Mayes, Jr., 36, of Dearborn Heights, Michigan, admitted to the charge today in federal court. 

On January 9, 2013, officers with the Barboursville Police Department arrested Mayes for obstructing and possession of Vicodin tablets.  Following his arrest, Mayes was transported to the Barboursville Police Department.  During a custodial search of the defendant, police found two bags containing 33 individually wrapped bags of a substance that field tested positive for heroin.  Mayes admitted that each bag contained approximately .1 grams of heroin.  Mayes further admitted that he intended to sell the heroin.   

Mayes faces up to 20 years in prison and a $1 million fine when he is sentenced on June 17, 2013 by Chief United States District Judge Robert C. Chambers. 

The Barboursville Police Department and the Huntington Violent Crimes and Drug Task Force conducted the investigation.  Assistant United States Attorney Gregory McVey 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. 

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Huntington man was sentenced to three years and one month in federal prison for possession with intent to distribute crack cocaine.  Kendall O. Williams, 29, previously pleaded guilty in October 2012.  On April 21, 2011, law enforcement officers conducted a traffic stop of the defendant’s vehicle in the 1600 block of Huntington. During the traffic stop, a police K-9 unit gave a positive indication of the presence of drugs inside the vehicle.  Law enforcement agents discovered two individually wrapped baggies containing crack cocaine between the center console and the driver’s seat.  Williams admitted to being in possession of the crack cocaine and intended to share the illegal substance with associates.  The crack cocaine was submitted to the West Virginia State Police Laboratory for testing and proved to be crack cocaine weighing 10.78 grams.

The Huntington Violent Crimes and Drug Task Force handled the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

U.S. Attorney Goodwin, U.S. Marshal Foster say Alban’s service learning club builds student character and strong communities

ST. ALBANS, W.Va. – United States Attorney Booth Goodwin and U.S. Marshal John D. Foster today met with students from Alban Elementary School in St. Albans, W.Va. to discuss the importance of making responsible decisions.  Goodwin and Foster also commended the 44 students for their participation in a service learning project known as The Success Club at Alban Elementary.       

The Success Club, established by former Alban Elementary teacher Deb Austin Brown, teaches students a variety of success strategies, focuses on community service and inspires youth leadership.

“Educating our young people is one of the most effective ways that we can solve problems in our communities.” U.S. Attorney Booth Goodwin said, “Service learning projects, like the Success Club at Alban, are invaluable.  They provide more than just an outlet for students to interact with peers – they serve as a source where students can begin to develop a good ethical compass.”  

Goodwin created the United States Attorney’s Ambassador for Justice Awards program in April 2012 to honor West Virginia high school juniors who have shown outstanding leadership skills and a commitment to social justice.  The Ambassador for Justice program was formed following a tragic high school shooting in Chardon, Ohio, that claimed the lives of three young people and wounded two others in February of last year.  The Ambassador for Justice program was also established in response to a handful of reports that involved school bullying and attempted acts of violence by students within the southern district of West Virginia. 

U.S. Marshal John Foster said,“This program at Alban Elementary is an important way to equip young people with problem-solving techniques and leadership qualities.  The students, in turn, can use these qualities to add value to and strengthen their communities.”

Alban Success Club director Deb Austin Brown said, “It truly meant a great deal for our students to hear from U.S. Attorney Goodwin and U.S. Marshal Foster.  Our service learning club was created primarily to help students recognize the importance of community service.  This is a building block for their growth.  When students are motivated and set goals, they are bound to have success.”  

Over the past two years, Goodwin and Foster have visited several schools throughout the southern district of West Virginia speaking to students about bullying prevention, making responsible decisions and educating youth about the harmful effects of drug abuse.   

For more information about the Success Club at Alban, please visit: http://www.99successstrategies.com/

Defendants brought thousands of pills from Detroit and distributed them in Huntington

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that two pill dealers were sentenced to a total of more than eleven years in federal prison for selling prescription painkillers.  Joseph Dre Moore, also known as “Tay,” 33, of Huntington, was sentenced to seven years and three months in prison.  Moore admitted that beginning in late summer 2009, he was involved in an illegal pill distribution scheme in and around Huntington, W.Va.  Moore admitted that during the scheme, he obtained pills from Detroit, Michigan or from individuals with ties to sources in Detroit.  Moore further admitted that on September 22, 2009, he directed a known individual to distribute nine 80-milligram oxycodone tablets to a confidential informant working for the Huntington Violent Crimes and Drug Task Force.  The transaction occurred near 14th Street and Adams Avenue in Huntington.   Moore also admitted that in December 2009, he began using a Huntington residence to store and distribute controlled substances including marijuana, crack cocaine, and oxycodone.  Moore admitted that he sold approximately 30 80-milligram oxycodone tablets per month for at least two months. 

In a separate hearing today, Moore’s co-defendant Rita Evette Johnson, 33, of Detroit, was sentenced to three years and ten months in prison.  Johnson admitted that she became involved in the illegal pill conspiracy during the spring of 2011.  Johnson admitted that she typically obtained pills from Detroit and shipped them to co-defendant Moore in Huntington.  Johnson further admitted that in the spring of 2011, she arranged for approximately 2,700 30-milligram oxycodone tablets to be sent to co-defendant Moore.  Johnson also admitted that she recruited an individual to carry 600 30-milligram oxycodone tablets and 90 40-milligram oxycodone tablets by commercial bus from Detroit to co-defendant Moore in Huntington.  Moore also admitted his participation in the pill drop-off scheme.   

The Huntington Violent Crimes and Drug Task Force conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecutions.  The sentences were imposed by United States District Chief Judge Robert C. Chambers. 

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. 

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Putnam County man was sentenced to a year and a half in federal prison for possession of a stolen firearm.  Robert Allen Armstrong, 25, of Hurricane, W.Va., previously pleaded guilty in October 2012.  On July 16, 2010, officers with the Hurricane Police Department arrived at the defendant’s Putnam County residence to execute an arrest warrant.  During the execution of the warrant, an officer seized a Raven Arms .25 caliber pistol from behind a planter located on the porch of the residence.  Armstrong was arrested at the time. 

The defendant admitted that he possessed a Ruger .22 caliber pistol in his bedroom dresser at the residence.  Law enforcement officers later received a complaint that the Ruger .22 caliber pistol had been stolen from a pickup truck sometime between July 15 and July 22, 2010.  Armstrong admitted that he knew the Ruger .22 caliber pistol had been stolen. 

Armstrong was previously convicted of a felony in February 2007 in the Circuit Court of Putnam County, West Virginia and did not have his rights to possess a firearm restored. 

This case was investigated by the Hurricane Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant United States Attorney Joshua Hanks handled the prosecution. 

The sentence was imposed by United States District Chief Judge Robert C. Chambers.   

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

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Cabell County man pleaded guilty in federal court to illegal firearm possession.  Kenneth Richard Nance, 43, of Huntington, W.Va., pleaded guilty to possession of a firearm by a person subject to a domestic violence protection order.  Nance admitted that on December 7, 2011, he possessed a Raven .25-caliber pistol. 

At the time of the firearm possession, Nance was subject to a Domestic Violence Protection Order (DVPO) issued by the Family Court of Cabell County, West Virginia. Nance admitted that he knew the DVPO was in effect at the time he possessed the firearm on December 7, 2011.  The defendant further admitted that he knew it was illegal to possess a firearm or ammunition while the DVPO was in effect.   

Nance faces up to 10 years in prison and a $250,000 fine when he is sentenced on June 3, 2013 by United States District Chief Judge Robert C. Chambers.   

The investigation was conducted by the FBI, the ATF, and the Cabell County Sheriff’s Department.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

This case was 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.

Longtime Massey division president impeded federal mine inspectors and violated mine safety laws

BECKLEY, W. Va. – U.S. Attorney Booth Goodwin today announced that a longtime Massey Energy Company executive pleaded guilty to two federal crimes in connection with an ongoing investigation of Massey. David Hughart, 53, of Crab Orchard, West Virginia, admitted that he conspired to impede the Mine Safety and Health Administration (MSHA) and conspired to violate mine health and safety laws.  Hughart pleaded guilty to the charges today in federal district court in Beckley, W.Va.  Hughart is the former president of Massey’s Green Valley Resource Group and is the highest-ranking official charged to date in an ongoing federal investigation.

“Mine safety and health laws are not optional," said U.S. Attorney Booth Goodwin. "This prosecution reiterates the message that mine safety violations are very serious crimes." 

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

Hughart is believed to be 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 Criminal Investigation Division. Alpha Natural Resources, Inc., which acquired Massey’s operations in a June 2011 merger, is continuing to cooperate with the investigation.

Hughart faces up to six years in prison and a $350,000 fine when he is sentenced on June 25, 2013 by United States District Judge Irene C. Berger. 

Counsel to the United States Attorney Steven Ruby is handling the prosecution. 

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin today announced that a Detroit man was indicted by a federal grand jury sitting in Huntington for being a felon in possession of firearms. According to a two-count indictment, Thomas Ray III, 43, of Detroit, allegedly possessed a loaded firearm Glock .40 caliber pistol on February 5, 2013 near Huntington, W.Va.  The indictment also alleges that on February 5, 2013, Ray possessed a loaded 12-gauge shotgun, a .22 caliber rifle and an AR-15 assault rifle near Huntington. 

Ray was previously convicted of two felonies on February 28, 2012 in the Circuit Court of Will County, Illinois for forcible detention/armed; and, giving a false bomb/gas alarm and did not have his rights to possess a firearm restored. 

The defendant faces up to 10 years in prison if convicted. 

The investigation was conducted by the United States Marshals Service.  Assistant United States Attorney Joseph F. Adams is in charge of the prosecution. 

This 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.

Law enforcement agents found methamphetamine in the defendant’s vehicle

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Georgia man pleaded guilty on Feb. 25 to possession with intent to distribute methamphetamine.  Gary Diaz, 55, Roswell, Ga., admitted that in November 2012, he distributed methamphetamine to a known individual.  On November 13, 2012 and November 14, 2012, a confidential informant working with law enforcement authorities purchased the methamphetamine from a known individual during two controlled drug transactions.     

On November 16, 2012, law enforcement officers conducted a stop of Diaz’s vehicle near Wayne County, W.Va.  During the traffic stop, a police K-9 unit gave a positive indication of the presence of drugs inside the vehicle.  Law enforcement agents recovered a quantity of methamphetamine from the vehicle. 

The methamphetamine recovered from the two controlled drug buys and two bags found in the trunk of the defendant’s vehicle were submitted to the West Virginia State Police Forensic Laboratory and proved to be methamphetamine weighing 349.54 grams.     

Diaz faces up to 20 years in prison and a $1 million fine when he is sentenced on May 28, 2013 by United States District Chief Judge Robert C. Chambers.

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation.  Assistant United States Attorney Haley Bunn is in charge of the prosecution. 

In-home care operator admits to altering and falsifying company records

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that the founder and executive director of a St. Albans-based in-home care business was sentenced to 46 months in federal prison for conspiracy in connection with a health care fraud investigation.  Shida S. Jamie, 63, owner of Golden Heart In Home Care, LLC (Golden Heart), previously pleaded guilty in October 2012.  Jamie admitted that in or about August or early September 2009, she altered and falsified records and documents of Golden Heart.  Golden Heart specialized in providing in-home care services to the elderly and disabled under a contract with Putnam Aging Inc., an authorized West Virginia Medicaid provider. 

U.S. Attorney Booth Goodwin said, “Today’s sentencing underscores my office’s commitment to not only protect the nation’s health care services, but also to vigorously pursue the criminals who steal from it.” 

Jamie admitted that she directed office staff to review the personnel files of caregivers who provided personal care services and directed staff members to place newly created and altered documents into personnel files that contained missing training documents.  Jamie further admitted that she agreed with known Golden Heart employees to falsify signatures on training documents to make it appear as if caregivers had received training in compliance with the personal care program guidelines.  Jamie also directed that those files be provided to Putnam Aging so that Putnam Aging would allow the Medicaid program to be billed for personal care services provided by Golden Heart.   

Jamie also admitted that in late December and early January 2010, she learned about a West Virginia Department of Health and Human Resources Medicaid Fraud Control Unit (MFCU) investigation regarding transportation hours and mileage expenses that had been claimed by Golden Heart under the Aged and Disabled Waiver Program.  Jamie admitted that she was aware that a known employee of Golden Heart lacked a valid drivers’ license and she agreed to alter existing records to make it appear as if another known employee with a valid driver’s license had performed the services.  The altered records were then provided to a MFCU investigator.  By the defendant’s actions, she intended to prevent the MFCU from learning that Golden Heart had claimed transportation and mileage expenses to which it was not entitled to be reimbursed under Medicaid.

The Court recognized that entitlement programs are a significant portion of the federal budget, funded by taxpayers.  The Court also noted that health care fraud is one of the reasons the country is in financial trouble and today’s sentencing must serve as a deterrent to others who attempt to defraud entitlement programs.  The Court further acknowledged that the government is not only justified but required to aggressively pursue such fraud, as they have done here.   

In October 2012, the United States settled three civil cases that had been filed against Jamie and Golden Heart to recover losses associated with the fraud against Medicaid, to freeze assets to preserve them for restitution, and to forfeit assets derived from the proceeds of the fraud.  The civil settlement resolves all three civil actions by recovering all known assets of Jamie and Golden Heart which represent proceeds of the fraud.  The money derived from the settlement will be used to make restitution to Medicaid for the losses it sustained from Jamie and Golden Heart’s fraudulent conduct.

The United States Department of Health and Human Services, the Federal Bureau of Investigation, the West Virginia State Police and the MFCU conducted the investigation.  Assistant United States Attorneys Meredith George Thomas, Philip Wright and Eumi Choi handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

Grimmett had more than 600 child-pornography pictures and videos on his computer

BECKLEY, W.Va. – U.S. Attorney Booth Goodwin today announced that a Summers County man was sentenced to four years prison followed by 15 years of supervised release for possession of child pornography.  Alan L. Grimmett, 51, of Hinton, Summers County, W.Va., admitted that on June 7, 2011, he possessed on his computer more than 600 images and videos that revealed minors involved in sexual conduct.  The defendant admitted that he knew the images and videos constituted child pornography.  Grimmett further admitted that the images he possessed were downloaded using the Internet. 

“Crimes that involve the exploitation of children are repulsive, plain and simple,” said U.S. Attorney Goodwin. “These types of cases have been a top priority for my office and we will continue to work tirelessly to ensure that the criminals are punished.”

The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the West Virginia State Police Internet Crimes Against Children Task Force and the West Virginia State Police conducted the investigation.   Assistant United States Attorney Lisa Johnston handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger. 

Since January 2012, twenty-two defendants have been convicted as part of the U.S. Attorney’s Office’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.  Twelve defendants have been sentenced to a total of nearly 50 years in federal prison.  The remaining ten defendants currently await sentencing. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html.  For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”

Defendants conspire to steer millions of dollars away from Brickstreet Insurance

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today charged a workers’ compensation insurance premium field auditor employed by BrickStreet Mutual Insurance Company (“BrickStreet”) with orchestrating a multimillion-dollar fraud on his employer, the state’s leading workers’ compensation provider.  Arville W. Sargent, 52, of Chapmanville, Logan County, W.Va., was charged in a two-count information with honest services mail fraud and tax evasion as part of the scheme to defraud BrickStreet.   

According to a court document filed today, from its inception in January 2006 until at least February 1, 2011, Sargent engaged in a scheme to defraud BrickStreet by allowing certain policyholders operating in the coal mining industry to drastically underreport their payroll during annual field audits he conducted on behalf of BrickStreet for the intended purpose of confirming those policyholders were paying accurate workers’ compensation insurance premiums.  According to the filings today, Sargent purposely allowed four “employee leasing” companies, Aracoma Contracting, LLC (“Aracoma”), Christian Contracting, Newhall Contracting and T&W Services, LLC, all of whom provided labor on a contract basis to coal companies in southern West Virginia, 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. 

“Mine safety is unquestionably a priority of my office.  Today’s filings underscore my commitment to approach this important issue from every angle,” U.S. Attorney Booth Goodwin said.  “Employers in the coal mining industry who cheat the workers’ compensation insurance system are really only cheating the hard-working miners who risk injury to perform dangerous jobs to provide for their families. 

Goodwin continued, “Failing to honestly and accurately report employment information to insurance companies like BrickStreet potentially exposes those coal miners to devastating financial misfortune if they get hurt on the job.  These charges are even more disturbing because these crooked operators were able to compromise the one person entrusted to make sure the employees are properly accounted for:  the insurance company’s auditor. This type of corruption has long plagued the coal industry in southern West Virginia and must be stopped.”

In addition to defrauding BrickStreet, the principals of Aracoma, Jerome Eddie Russell, 50, of Williamson, West Virginia and Frelin Workman, 58, of Belfrey, Kentucky, admitted paying a significant number of their employees in cash as part of a tax evasion scheme to avoid the associated payroll taxes.  Randy Workman, 36, of Belfrey, Kentucky, similarly utilized a significant cash payroll to evade payroll taxes.  Likewise, Arthur White, Jr., 60, of Lenore, West Virginia paid a portion of the payroll for T&W Services, LLC through a shell company, thereby evading taxes. 

Sargent, Russell, Frelin Workman and Randy Workman each face up to 25 years in prison and a $500,000 fine. 

White faces up to ten years in prison and a $500,000 fine.

The FBI and the IRS are handling the investigations.  This investigation was 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. 

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Huntington man was sentenced to a total of seven years in federal prison for possessing a firearm during a drug trafficking crime and possession with intent to distribute heroin.  Gregory Donearl Easterling also known as “Smoke” and “Dion A. Foster,” 38, of Huntington, previously pleaded guilty in September 2012. On December 21, 2011, members of the Huntington Drug and Violent Crimes Task Force conducted a search of the defendant’s Huntington residence.  During the search of Easterling’s residence, law enforcement officers found approximately 6.8 grams of heroin located on an open kitchen shelf, an additional six bundles of heroin, three firearms and digital scales.  Easterling admitted to law enforcement that he intended to sell the heroin.   

Also during the December 2011 search of the defendant’s residence, law enforcement officers seized a loaded .45 caliber pistol that was stored in the rail of the defendant’s bed.  Easterling admitted that he was responsible for possessing a total of 27 grams of heroin and 60 30-milligram oxycodone pills. 

The Court sentenced Easterling to two years in prison for possession with intent to distribute heroin and five years in prison for possessing a firearm in furtherance of a drug trafficking crime, for a total of seven years in prison. 

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 Huntington Drug and Violent Crimes Task Force conducted the investigation. The prosecution was handled by Assistant United States Attorney Gregory McVey.

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Detroit man pleaded guilty in federal court to distribution of a quantity oxycodone.  Robert Louis Smith, 40, admitted that on March 12, 2010, he met a confidential informant at a predetermined location, entered the informant’s vehicle and distributed 229 80-milligram oxycodone tablets and 257 40-milligram oxycodone tablets.  Following the controlled drug transaction, the defendant returned to his vehicle with a paper bag containing prerecorded buy money that was provided by the informant.  A short time later, Smith’s vehicle was stopped by Huntington Police Department officers.  Police arrested Smith and the prerecorded buy money was recovered from the passenger side rear floorboard of the defendant’s vehicle.     

Smith faces up to 20 years in prison and a $1 million fine when he is sentenced on May 13, 2013 by United States District Chief Judge Robert C. Chambers. 

The Drug Enforcement Administration and the Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams 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. 

Summit brings together educators, law enforcement, mental health professionals, and community members; seeks practical, local steps against school violence

CHARLESTON, W.Va. - United States Attorney Booth Goodwin today announced that more than 400 participants from a wide range of professions and government agencies participated in yesterday’s Summit on West Virginia Safe Schools.  Goodwin convened the daylong summit to develop practical steps to prevent and prepare for school violence. The summit was held at the state’s Culture Center in Charleston.

"Getting people from all sides of the problem into the same room to discuss solutions is the essential first step toward making our schools safer,” said Goodwin. “Yesterday we brought together law enforcement officials, educators, parents, mental health professionals, and students to exchange ideas and help forge the kind of lasting partnerships that produce real results. We have a tough challenge ahead of us, but the work we did, and the work we’re going to keep on doing, holds lifesaving promise.”

West Virginia native and current Sandy Hook, Connecticut resident Lisa Petrovich sat down with U.S. Attorney Goodwin for a one-on-one conversation about the Sandy Hook tragedy. She offered her personal recollections of several school administrators and teachers who were killed during the December 14, 2012 shooting at Sandy Hook Elementary, where Petrovich was once president of the Parent Teacher Association.  Petrovich told attendees that she hopes Americans do not forget Sandy Hook.  “Something positive has to happen out of this tragedy,” she said.   

West Virginia Superintendent of Schools Dr. James B. Phares, in remarks welcoming summit participants, reiterated the summit’s core message: solutions to school violence must involve more than just the education community and will require cooperation among a wide range of professions and public officials.
The summit’s featured guest speaker was internationally recognized scholar and author Lt. Col. Dave Grossman (ret.). “Children are more likely to die by school violence than every other possible cause of death in schools combined,” Lt. Col. Grossman told the audience. Grossman called for more to be done to protect against school violence. He compared school violence to fatal school fires, which once were commonplace but have been largely eliminated through the universal adoption of fire alarms, fire hydrants and extinguishers, and fire-resistant building materials. 

Lt. Col. Grossman is an expert on the causes of mass shootings and school violence, as well as a former West Point psychology professor and U.S. Army Ranger.

The summit also featured three panel discussions on school violence. The first of these panels concentrated on how to plan for major incidents of school violence and how to respond if they occur. Panel participants included Maj. Gen. James Hoyer of the West Virginia National Guard; Mark Manchin, Executive Director of the West Virginia School Building Authority; David Hoge, Director of the West Virginia Homeland Security State Administrative Agency; Captain David Lee, Commandant of the West Virginia State Police Academy; and Cabell County Schools Safety Manager Tim Stewart.   

The second panel, moderated by Steve Ruby, Counsel to United States Attorney Booth Goodwin, discussed ways to prevent violent attacks from happening in the first place. Panel participants included South Charleston, W.Va. psychologist George Damous; Don Chapman, assistant director of the West Virginia Department of Education’s Office of Healthy Schools; Deputy Scott Jefferson, Wood County Sheriff’s Deputy and Williamstown High School Prevention Resource Officer; Jackie Payne, Director of the West Virginia Division of Child and Adolescent Behavioral Health; and Dr. Christine Schimmel, an assistant professor in the counseling department at West Virginia University’s College of Education and Human Services.  

The final panel, led by U.S. Attorney Booth Goodwin, highlighted the perspectives of individuals on the front lines in our schools: principals, teachers, school staff, and students.  Panelists were Dr. Jerry Lake, Cabell County Schools; teachers Cari Pauley (Lincoln County Schools) and Susan Brossman (Ohio County Schools); Ashley Donohew, a student at Ripley High School and a U.S. Attorney’s Ambassador for Justice; and Eugenie Taylor, president of the Parent Teacher Organization at Overbrook Elementary School in Kanawha County.   

The Summit on West Virginia Safe Schools was co-sponsored by the West Virginia Department of Military Affairs and Public Safety and the West Virginia Division of Justice and Community Services.   The summit was also held in partnership with the West Virginia State Police, the West Virginia Department of Education, the West Virginia Center for Professional Development, the West Virginia School Building Authority, and Cabell County Schools. 

Officials participating in yesterday’s summit will be compiling a written set of school safety recommendations.  Summit officials plan to release the recommendations in the near future.  Information will be made available at: www.wvsafeschools.org.   

CHARLESTON, W.Va. – United States Attorney Booth Goodwin charged a former Charleston-based Chase Bank executive yesterday with embezzlement by a bank employee.  According to a court document filed on Feb. 4, Mark McCoy, 46, of Charleston, W.Va., was charged with embezzling thousands of dollars from Chase Bank. 

McCoy was employed as the vice president of private client banking services at the bank’s Charleston branch from September 2008 until June 2012.  According to an information filed yesterday, during his employment at Chase Bank, McCoy embezzled thousands of dollars of funds belonging to Chase Bank. 

McCoy faces up to 30 years in prison and a fine of up to $1 million. 

The investigation was conducted by the U.S. Secret Service.  Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. 

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HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Wood County man was sentenced to a year and a half in federal prison followed by 15 years of supervised release for failing to update his sex offender registration under the Sex Offender Registration and Notification Act.  Randall K. Taylor, 48, Rockport, Wood County, W.Va., previously pleaded guilty in October 2012. 

On February 8, 1991, Taylor was convicted in the Court of Common Pleas, Franklin County, Ohio of gross sexual imposition with specification.  As a result of his felony conviction, Taylor was required to register as a sex offender.  On June 22, 2011, Taylor registered as a sex offender in the state of Ohio.   
An investigation conducted by the United States Marshals Service in the Southern District of West Virginia revealed that Taylor traveled in interstate commerce to Rockport, Wood County, West Virginia, where he resided from September 2011 through May 17, 2012.  Taylor admitted that subsequent to his travel to West Virginia, he was required to update his sex offender registration under the Sex Offender Registration and Notification Act.  The investigation further revealed that Taylor failed to update his sex offender registration as required by law.         

The United States Marshals Service and the West Virginia State Police conducted the investigation.  Assistant United States Attorney Lisa Johnston handled the prosecution.  The sentence was imposed by United States District Chief Judge Robert C. Chambers.   

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that three Nicholas County residents were sentenced to federal prison for conspiracy to manufacture methamphetamine.  Felicia Bess, 23, of Summersville, Nicholas County, W.Va., was sentenced today to three years in prison.  Co-defendant Roy Spinks, Jr., also known as “Brat” 39, of Craigsville, Nicholas County, W.Va., was sentenced on Feb.1st to six years in prison.  A third co-defendant, Bratten Smith, 28, of Richwood, Nicholas County, W.Va., was also sentenced on Feb.1st to two years in prison.  Spinks admitted that from September 2010 until June 2011, he manufactured methamphetamine using a technique known as the “shake and bake” method.  Spinks further admitted that he manufactured the methamphetamine at several different residences located in and around Nicholas County.  Co-defendant Bess admitted that from September until June 2011, she cooked methamphetamine using the “shake and bake” method and assisted other individuals, including co-defendant Spinks. 

Bratten Smith admitted that from at least February 2011 until May 1, 2011, he assisted co-defendants Spinks and Bess in manufacturing methamphetamine at a residence in Nicholas County, W.Va.  Smith further admitted that during the scheme, he supplied pseudoephedrine and other ingredients used to manufacture methamphetamine.  In exchange for the meth-making materials, Smith admitted that he received methamphetamine for his personal use.   

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.  The sentences were imposed by United States District Judge John T. Copenhaver, Jr.

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Mingo County man was sentenced to four years and two months in federal prison for oxycodone possession.  Terry Kevin Steele, 42, of Mingo County, W.Va., previously pleaded guilty in May 2012 to possession with intent to distribute a quantity of oxycodone.    On November 17, 2011, deputies with the Cabell County Sheriff’s Department responded to a robbery complaint at the Super 8 Motel in Huntington.  At the time, deputies approached the defendant who subsequently consented to a search of his room which he had rented.  Law enforcement seized a total of 1,379 oxycodone tablets in varying strengths as well as a .38 caliber revolver.  Steele admitted that he possessed the oxycodone tablets and intended to sell the tablets to individuals in Mingo County.    

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. 

The Cabell County Sheriff’s Department and the Huntington Violent Crime and Drug Task Force conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by United States District Chief Judge Robert C. Chambers.

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Fayette County man was sentenced to five years in federal prison for distribution of oxycodone.  Kenneth James Taylor, 32, Page, Fayette County, W.Va., previously pleaded guilty in November 2012.  Taylor admitted that on March 21, 2012, he sold three 30-milligram oxycodone pills to an individual cooperating with law enforcement authorities.  Taylor further admitted that the illegal pill transaction took place at his Fayette County residence.  He also admitted further involvement in drug trafficking. 

The West Virginia State Police Bureau of Criminal Investigations 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 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. 

Bryant admitted to selling powerful painkillers from his Nicholas Co. auto care business

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Nicholas County man was sentenced to five years in federal prison for selling morphine.  Ralph Donald Bryant II, 41, of Summersville, Nicholas County, W.Va., previously pleaded guilty in September 2012 to distribution of morphine.  Bryant admitted that on August 4, 2010, he sold one morphine tablet to an individual cooperating with law enforcement authorities in exchange for $120.  Bryant further admitted that the illegal pill transaction took place at his auto care business located in Summersville.  The defendant also admitted that from the fall of 2007 until April 11, 2011, he distributed multiple controlled substances including oxymorphone and oxycodone in and around the Nicholas County area. 

The Central West Virginia Drug Task Force conducted the investigation.  Assistant United States Attorney John Frail 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. 

Saunders is the second defendant to be sentenced recently as part of Charleston’s West Side DMI initiative

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Charleston man was sentenced to six years in federal prison for distributing crack cocaine.  Matthew Saunders, 20, of Charleston, previously pleaded guilty in October 2012.

Saunders admitted that on June 30, 2011, he sold a quantity of crack cocaine to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $1,200.  Saunders further admitted that on July 7 and July 14, 2011, he sold a quantity of crack cocaine to an informant.  All of the illegal transactions occurred near Grant and Russell Streets in Charleston. 
On July 18, 2011, law enforcement officers seized crack cocaine from a residence in Charleston.  Saunders admitted that he had arranged to sell two ounces of the crack cocaine that was seized by law enforcement.  Saunders was apprehended prior to arriving at the residence to obtain the crack cocaine. 

The suspected crack cocaine base from the three controlled buys and the quantity of crack cocaine seized from the search of the residence was submitted to the West Virginia State Police Laboratory for analysis and proved to be crack cocaine weighing 23.2 grams, 22.9 grams, and 27.2 grams, respectively.  Saunders admitted that he was responsible for selling a total of 142.23 grams of crack cocaine. 

Last Friday, Fred Taylor, 23, of Charleston, was sentenced to five years in prison for distributing crack cocaine. Taylor was prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative.

The Saunders case was also prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The DMI initiative was launched in February 2012 by Charleston Police Chief Brent Webster and U.S. Attorney Booth Goodwin, in collaboration with Kanawha County Prosecuting Attorney Mark Plants, other federal, state, local law enforcement agencies and leaders representing several West Side community development organizations. The DMI initiative was initiated in Charleston as a strategic problem-solving effort aimed at closing down open-air drug markets that breed crimes of violence and disorder.

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigations.  Assistant United States Attorney John Frail handled the prosecution. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Huntington man pleaded guilty to aiding and abetting the possession with intent to distribute a quantity of heroin. Stephen Michael Hopkins, 36, of Huntington, admitted to the charge in federal court on Jan. 30. 

On March 16, 2011, officers with the Charleston Police Department responded to a call near the 2600 block of 6th Avenue in Charleston.  Upon arriving at the scene, officers approached Hopkins and his known associate.  Both Hopkins and his associate were sitting inside of a parked vehicle at the time.  A responding officer asked Hopkins and his associate to step out of the vehicle.  Hopkins, who admitted that he refused to obey the order given by law enforcement, turned the vehicle on and drove away.  Law enforcement officers pursued the defendant and his associate as they fled.  During the pursuit, Hopkins lost control of his vehicle and crashed at the intersection of 7th Street and Iowa Street in Charleston.  Hopkins and his associate attempted to flee on foot, but were eventually arrested by officers.  Officers conducted a search of the vehicle and recovered a plastic bag underneath the driver’s seat of the vehicle.  The bag contained $10,920 in cash, suspected heroin, and suspected marijuana.  The suspected heroin was submitted to the West Virginia State Police lab for testing and was found to be heroin weighing 26.6 grams. 

Hopkins faces up to 20 years in prison and a $1 million fine when he is sentenced on May 2, 2013 by United States District Judge John T. Copenhaver, Jr. 

The Charleston Police Department conducted the investigation.  Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. 

BLUEFIELD, W.Va. – U.S. Attorney Booth Goodwin announced that a Mercer County man pleaded guilty on Jan. 29 in federal court to distribution of hydromorphone.  Trusby Hubbard also known as “Red,” 34, of Bluefield, Mercer County, W.Va., admitted that on August 16, 2012, he sold two hydromorphone pills to a person cooperating with law enforcement authorities.  Hubbard also admitted that during the illegal transaction, he possessed an additional 15 hydromorphone pills.  The illegal pill transaction took place at the defendant’s Bluefield residence. 

The defendant also admitted that he was responsible for distributing a total of no more than 17 hydromorphone pills. 

Hubbard faces up to 20 years in prison and a $1 million fine when he is sentenced on April 26, 2013 by United States District Senior Judge David A. Faber. 

The Southern Regional Drug and Violent Crime Task Force handled the investigation.  Assistant United States Attorney John File is in charge of the prosecution.  

The case is being brought as part of the Bluefield Pill Initiative.  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. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Charleston man pleaded guilty in federal court to possession of child pornography.  Jonathan Douglas Layne, 54, admitted that on February 21, 2008, he knowingly possessed on his computer more than 600 images and videos depicting minors engaged in sexually explicit conduct, that is actual or simulated sexual intercourse and the lascivious exhibition of the genitals and pubic area of the minors.  Layne admitted that he knew the images and videos constituted child pornography.  The defendant also admitted that many of the images depicted prepubescent minors.  Layne lived in St. Albans, West Virginia at the time the crime occurred. 

Layne also admitted that in or about October 1987, he committed two or more crimes involving sexual abuse of a minor.  Layne was previously convicted in June 1989 in the Circuit Court of Kanawha County, West Virginia of first degree sexual abuse involving a minor.   

Layne faces a mandatory minimum of 10 years and up to 20 years in prison because of his previous conviction in 1989 in the Circuit Court of Kanawha County of first degree sexual abuse involving a minor.  Layne also faces a $250,000 fine when he is sentenced on May 2, 2013 by United States District Judge John T. Copenhaver, Jr. 

The U.S. Marshals Service, the West Virginia State Police, the West Virginia State Police Internet Crimes Against Children Task Force, the Kanawha County Sheriff’s Department, and the Federal Bureau of Investigation West Virginia Cyber Crimes Task Force conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html.  For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”

BLUEFIELD, W.Va. – U.S. Attorney Booth Goodwin announced that a Columbus man was sentenced on Jan. 29 to one year in federal prison for distributing a quantity of crack cocaine.  Thomas Jennings, 53, admitted that on June 28, 2012, he sold a quantity of crack cocaine to a person cooperating with law enforcement authorities.  The illegal transaction took place at a residence in Maybeury, McDowell County, W.Va.  Jennings also admitted that on June 27, 2012, he sold a quantity of crack cocaine and two morphine pills.  The defendant further admitted to selling a quantity of crack cocaine on July 2, 2012. 

The West Virginia State Police Bureau of Criminal Investigation and the Southern Regional Drug and Violent Crime Task Force handled the investigation.  Assistant United States Attorney John File handled the prosecution.  The sentence was imposed by United States District Senior Judge David A. Faber. 

The case was brought as part of the Bluefield Pill Initiative.  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.