Southern District of West Virginia

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Mt. Olive Correctional Complex inmate pleaded guilty in federal court for mailing threatening communications.   Joseph Michael Pettaway, 38, admitted that beginning around 2000 and continuing until 2012, he wrote several letters that contained threats to harm a former acquaintance.

Specifically, Pettaway admitted that on approximately October 6, 2011, he mailed a letter to his former acquaintance.  The defendant was incarcerated Mt. Olive Correctional Complex at the time the letter was mailed. Pettaway admitted that the letter contained descriptions of violent acts that he intended to commit, including beating and raping his former acquaintance, following his release from prison. The letter was mailed from Mount Olive Correctional Complex and delivered to the individual’s Huntington residence.    

Pettaway admitted that along with the letter was an attached violation report containing information about an incident at the prison.  The violation report provided details of an incident in which the defendant was reprimanded for throwing boiling water onto another inmate.  The inmate suffered second degree burns as a result of the incident. 

Pettaway faces up to five years in prison and a $250,000 fine when he is sentenced on May 1, 2013 by United States District Judge John T. Copenhaver, Jr. 

The FBI conducted the investigation.  Assistant United States Attorney Blaire Malkin is in charge of the prosecution. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Kanawha County man pleaded guilty in federal court to illegal possession of a firearm.  Scott Allen Perry, 42, of South Charleston, Kanawha County, W.Va., was charged in a one-count indictment in October 2012.  Perry admitted that on July 2, 2012, he possessed a shotgun that contained a barrel of less than 18 inches and an overall length less than 26 inches that was not registered to him in the National Firearms Registration and Transfer Record.       

Perry faces up to 10 years in prison and a $250,000 fine when he is sentenced on April 25, 2013 by United States District Judge John T. Copenhaver, Jr.   

The investigation was conducted by the South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. 

This case is also 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.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Fayetteville man was sentenced on Jan. 24 to three years’ probation for cocaine distribution.  Gerald Wayne Hopkins, 52, of Fayetteville, Fayette County, W.Va., a mine safety instructor, admitted that on February 1, 2012, he sold 2.94 grams of cocaine to an individual cooperating with law enforcement authorities.  Hopkins further admitted that the illegal transaction took place at his Fayetteville residence, where he conducted his mine safety training courses.   

The Court also ordered Hopkins to pay a $500 fine. 

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

Defendant Listed Among Charleston’s West Side DMI Offenders

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Charleston man was sentenced to five years in prison for distributing crack cocaine. Fred Taylor, 23, of Charleston, admitted that on December 1, 2010, he sold a quantity of crack cocaine to a confidential informant working for the Metropolitan Drug Enforcement Network Team (MDENT).  Taylor further admitted that on December 7, 2010, he sold crack cocaine to an informant working for MDENT.  Both illegal drug transactions took place in Charleston. 

On December 22, 2010, MDENT officers executed a search warrant at an apartment shared by the defendant and his associate located on Hutchinson Street in Charleston.  Officers located and seized a quantity of crack cocaine, two sets of scales and approximately $2,474 cash. 

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation.  Assistant United States Attorney Joshua Hanks handed the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr. 

This case was 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.

HAMLIN, W.Va. – United States Attorney Booth Goodwin and Metropolitan Drug Enforcement Network Team (MDENT) Commander Chad Napier today met with faculty and students from Duval Middle School and Lincoln County High School in Hamlin, Lincoln County, W.Va. to talk about the dangers and consequences of illegal drug use. The school visits provided law enforcement officials with the opportunity to talk one-on-one with students and faculty about the consequences associated with the region’s prescription drug abuse epidemic. 

Prescription drug abuse is one of the leading sources of crime in the Southern District of West Virginia.  
U.S. Attorney Booth Goodwin said, “"Education and awareness are the most essential tools that we have in our toolbox."

Goodwin stated that reaching young people as early as possible is one of the most important ways to turn the tide against our state's prescription drug epidemic.

"The Metro Drug Unit saw a five-fold increase in illegal heroin seizure's in a year's time.” Goodwin continued, “That staggering statistic alone illustrates the battle that we are facing with opiate-based drugs.  It is critical that students understand how incredibly addictive these substances can be if they head down the destructive path of drug abuse."

According to the Office of National Drug Control Policy, 2,500 youth (age 12 to 17) abuse a prescription pain reliever for the very first time every day.  The Office of National Drug Control Policy research also found that the vast majority of teenagers abusing prescription drugs get them from friends or relatives. 
MDENT Commander Lt. Chad Napier stated that Lincoln County has been particularly hard-hit by the prescription drug crisis. 

Lt. Napier said, "We are losing an entire generation to prescription drug abuse.  If today's presentation reached just one student, then it was well worth the effort."

In November 2012, Goodwin and Napier also visited schools in Boone County as part of an ongoing awareness initiative led by the U.S. Attorney’s Office for the Southern District to educate faculty and students about the dangers of prescription drug abuse.  Goodwin and Napier have also previously visited several schools in Jackson County as part of the awareness effort. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Lincoln County man was sentenced to three years in federal prison followed by three years of supervised release for being a felon in possession of a firearm.   George Wayne Taylor, 56, of Hamlin, W.Va., admitted that on August 7, 2007, he was observed holding a shotgun at a relative’s residence located in Alkol, Lincoln County, W.Va.  Taylor further admitted that at the time he possessed the firearm, he stole metal roofing from the Lincoln County residence.  An individual present during the incident photographed the defendant in possession of the firearm.  Taylor also admitted firing the shotgun after being photographed. 

Law enforcement officers later recovered four stolen firearms and the stolen metal roofing from the defendant’s residence in Hamlin, W.Va.  

Taylor was previously convicted in March 1997 in Pike County Court in the Commonwealth of Kentucky, of theft by unlawful taking of $300 or more.  Taylor’s right to possess a firearm by August 8, 2007 had not been restored. 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant United States Attorney William King handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

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.

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Huntington man was sentenced to two years in federal prison for aiding and abetting the possession with intent to distribute oxycodone.  Rayshawn Allah Wells, 22, previously pleaded guilty in September 2012.  Wells admitted that on April 14, 2010, he and an associate distributed approximately 2 ½ 80-milligram oxycodone pills to a confidential informant working with the U.S. 119 Task Force.  Wells further admitted that on April 14, 2010, he and an associate distributed three 80-milligram oxycodone pills to an informant.  Wells admitted that both illegal pill transactions occurred in Holden, Logan County, W.Va. 

On April 14, 2010, members of the U.S. 119 Task Force executed a search warrant at a Holden residence and arrested the defendant and other known individuals.  At the time the search warrant was executed, law enforcement agents seized approximately 127 80-milligram tablets.  The defendant admitted that he had $1,040 cash on his person that included bills used in earlier controlled transactions.   

Wells admitted that he and co-defendant Kawan Michael Wells brought oxycodone pills from Huntington, W.Va. to Logan County for the purpose of distributing them. Kawan Wells, 24, previously pleaded guilty to aiding and abetting the possession with intent to distribute oxycodone. Kawan Wells was sentenced in December 2012 to five years’ probation.    

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 U.S. 119 Task Force conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston.  

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that a Huntington couple was sentenced to federal prison for illegal firearm possession.  Steven Ray Pauley, 32, of Huntington, was sentenced to two and a half years in prison for being a felon in possession of a firearm.  Pauley previously pleaded guilty September 2012.  On June 11, 2012, the defendant was observed outside of Coaches Inn Motel in West Huntington in possession of a firearm.  Officers with the Huntington Police Department and the ATF approached the defendant and found a loaded .38 caliber revolver on the defendant’s waistband.  Pauley was arrested.       

Steven Pauley was convicted in July 2003 in the Circuit Court of Cabell County of felony first degree robbery and did not have his rights to possess a firearm restored. 

In a related matter, Pauley’s wife and co-defendant, Molly Sue Pauley, 41, of Huntington, was sentenced to three years and two months in prison for aiding and abetting a felon in possession of a firearm.  Molly Pauley previously pleaded guilty in September 2012. Ms. Pauley admitted that on June 11, 2012, she illegally possessed a .38 caliber firearm.  Ms. Pauley further admitted that she met Steven Pauley in the 800 block of 25th Street in Huntington and gave him the firearm.  Ms. Pauley admitted that she was aware that her husband was prohibited from possessing a firearm because of a prior felony conviction. 

Ms. Pauley was also prohibited from possessing firearms because of her January 2001 conviction in the Circuit Court of Wayne County (W.Va.) for attempt to commit a felony.  Ms. Pauley was also previously convicted of theft of property in the Circuit Court of Hamblen County, Tennessee in November 2005 and felony theft of property in the Circuit Court of Montgomery County, Alabama in July 2009.   

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department River Cities Gun Crimes Task Force.  Assistant United States Attorney Joseph F. Adams handled the prosecutions.  The sentences were imposed by United States District Chief Judge Robert C. Chambers.

The cases were 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.

Educators and law enforcement to address practical steps against school violence; Pulitzer-prize nominated expert and author to speak

CHARLESTON, W.Va. - United States Attorney Booth Goodwin today announced that the United States Attorney's Office for the Southern District of West Virginia will host a Summit on West Virginia Safe Schools on Wednesday, February 6, 2013, beginning at 9 a.m. at the Culture Center, State Capitol Complex in Charleston. The summit will bring together educators and law enforcement officials, who will jointly consider practical steps to prevent and prepare for school violence. Dr. James Phares, West Virginia Superintendent of Schools, will speak at the summit's morning session.

The summit will feature a morning address by internationally recognized scholar, author, and speaker Lt. Col. Dave Grossman (ret.), an expert on the causes of mass shootings and school violence. Lt. Col. Grossman is a former nominee for the Pulitzer Prize in non-fiction for his work on the psychology of violence.

In addition, three panels of experts from around West Virginia will address issues in school safety. Following the summit, participants will develop a written set of school safety recommendations for the education and law enforcement communities.

"The goal of this summit is to answer two very practical questions," said U.S. Attorney Booth Goodwin. "First, how do we identify potentially violent situations in schools and handle them before something bad happens? Second, what should our schools and first responders be doing to prepare in case the unthinkable comes to pass?"

"The tragedy last month at Sandy Hook Elementary was heartbreaking, and it's still very much on all our minds," Goodwin continued. "This summit is a chance to develop specific steps that we can take, right now, at the local level, to prevent school violence and to be as prepared as possible. I invite anyone who's interested in safer schools to join us on February 6 and participate in the discussion."

Lt. Col. Dave Grossman (ret.), a former West Point psychology professor and U.S. Army Ranger, is a leading expert in the field of human aggression and the causes of violence and violent crime. He has presented papers before the national conventions of the American Medical Association, the American Psychiatric Association, the American Psychological Association, and the American Academy of Pediatrics. Lt. Col. Grossman has been involved in the response to numerous school shootings, including the tragedies at Columbine and Virginia Tech. He will speak to summit participants at 9:30 a.m.

Three panels of experts from around West Virginia will address an array of issues related to school violence. The first panel will focus on how to identify and address potentially violent situations. The second will concentrate on planning by schools and by law enforcement agencies for what to do if violence occurs. The third will emphasize the perspectives of those on the front lines of these issues: principals, teachers, counselors, law enforcement officers, and students.

Participants in the three panel discussions will include Mark Manchin, Executive Director of the West Virginia School Building Authority, as well as representatives of the West Virginia Department of Education, the West Virginia Department of Military Affairs and Public Safety, and the West Virginia State Police.

The Summit on West Virginia Safe Schools is being 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 is also being 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. 

The February 6th summit is open to educators and law enforcement personnel, and to the public. Individuals interested in attending may register at www.wvsafeschools.org. Seating is limited, so those interested are encouraged to register well in advance.

For questions regarding the Safe Schools Summit, please call Deanna Eder at: 304-345-2200 or 800-659-8726. 

IN CONNECTION WITH A FEDERAL INVESTIGATION AT UPPER BIG BRANCH

BECKLEY, W.Va. – Upper Big Branch Mine (UBB) superintendent Gary May was sentenced today to 21 months in prison in connection with a federal investigation at the former Massey Energy Company’s UBB Mine, announced U.S. Attorney Booth Goodwin.  Gary May, 43, of Bloomingrose, West Virginia, previously pleaded guilty in March 2012 to conspiracy to impede the Mine Safety and Health Administration's (MSHA) enforcement efforts at UBB between February 2008 and April 5, 2010. Upper Big Branch was the site of a fatal explosion on April 5, 2010 that killed 29 miners. May was the mine's Superintendent at the time of the explosion.

In February 2012, United States Attorney Booth Goodwin filed a one-count information against May, charging him with conspiracy to defraud the United States by impeding MSHA in carrying out its lawful functions, a felony violation of 18 U.S.C. § 371.

U.S. Attorney Booth Goodwin said, "With this sentence, Judge Berger took the opportunity to send a powerful message to this mine manager and other mine managers who would put profits over safety: if you violate mine laws and put miners at risk you will go to jail."

May admitted that he and others conspired to impede MSHA in administering and enforcing mine health and safety laws at UBB. He acknowledged giving advance warning of MSHA inspections, often using code phrases to avoid detection. May also admitted to concealing health and safety violations when he knew inspections were imminent. The violations concealed included poor airflow in the mine; piles of loose, combustible coal; and scarcities of rock dust, which prevents mine explosions.

May further acknowledged that he ordered a mine examination book to be falsified. He also said he told miners to rewire the methane gas detector on a piece of mine equipment so the equipment could run illegally.

The Court also ordered May to pay a $20,000 fine.  May was also sentenced to three years of supervised release. 

In sentencing May, United States District Judge Irene C. Berger emphasized that his actions risked catastrophic consequences. Judge Berger said that the sentence should send a message to any mine official who might put business interests ahead of safety laws.

The Federal Bureau of Investigation and the United States Department of Labor's Office of Inspector General conducted the investigation. Counsel to the United States Attorney Steve Ruby handled the prosecution. 

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a North Carolina man was sentenced to three years and one month in federal prison for illegal firearm possession.  Jason Alexander Thompson, 28, of Charlotte, N.C., previously pleaded guilty in October 2012 to being a felon in possession of a firearm. On December 23, 2010, members of the Huntington Police Department were dispatched to the 1200 block of 28th Street in Huntington for a call reporting a prowler.  When officers arrived at the scene, they observed the defendant in the area.  Thompson admitted that at the time, he removed a .25 caliber pistol from his jacket pocket and threw it to the ground as officers approached. 

Thompson was prohibited from possessing firearms because of his August 2003 felony conviction in the United States District Court for the Southern District of West Virginia for possession with intent to distribute crack cocaine. 

The Court noted that the defendant was on supervised release at time of the offense and therefore sentenced the defendant to an additional 10 months’ imprisonment for total of 47 months in prison.
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. 

The Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers.  

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Mason County man was sentenced to a year and a half in federal prison for dumping a pollutant into waters of the United States without a permit. Frank Zuspan, 61, of Mason County, W.Va., previously pleaded guilty in September 2012.  Zuspan admitted that in or about December 2010, he took a 2400-gallon sewage hauling truck to property in Mason County, W.Va. and illegally dumped sewage onto the property.  Zuspan further admitted that the sewage was dumped into a lake and stream watershed in Mason County that connected to the Ohio River.  The defendant also admitted that he discharged untreated sewage onto the Mason County property on multiple occasions between November 2010 and February 2011. 

“You can’t pour raw sewage into your neighbors’ water supply,” said U.S. Attorney Goodwin. “It’s dangerous and it’s illegal, for obvious reasons. People should know better.”

“Today’s sentencing proves that anyone who damages the environment and puts the public at risk will be vigorously prosecuted,” said David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in West Virginia.

The Environmental Protection Agency conducted the investigation.  Assistant United States Attorney Erik S. Goes and Special Assistant United States Attorney Perry McDaniel handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers. 

Brothers admit distributing a total of more than 7,000 prescription pain pills during conspiracy

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that two men pleaded guilty (Jan. 15) for their role in an illegal oxycodone distribution scheme.  Michael Ray Fortuna, 45, of Peach Creek, Logan County, W.Va., pleaded guilty to conspiracy to distribute oxycodone.  Fortuna’s brother and co-defendant Ronald Fortuna, 36, also of Peach Creek pleaded guilty in a separate hearing to conspiracy to distribute oxycodone. 

Michael Fortuna admitted that from at least the summer of 2008 until August 18, 2011, he was involved in the distribution of prescription drugs – including oxycodone and alprazolam, also known as “Xanax,” in and around Logan County, W.Va. Michael Fortuna further admitted that he obtained oxycodone from Florida and on some instances, he or others at his direction would travel to Florida and bring oxycodone back to Logan County.  Fortuna also admitted that sources of supply located in Florida mailed shipments of oxycodone to his address in Logan County, W.Va.

On April 29, 2011, investigators from the United States Postal Inspection Service executed a federal search warrant on a package addressed to Michael Fortuna.  The package contained 1,789 30-milligram oxycodone tablets and bore a fictitious return address and had been shipped from Palm Bay, Fla.  Investigators approached Michael Fortuna as he arrived at the Peach Creek Post Office in Logan, West Virginia to pick up the package.  Michael Fortuna admitted that he had received a total of three such packages from Florida in April 2011.  Additionally, Fortuna admitted that he mailed cash to his source of supply in Florida as payment for the packages.  The defendant mailed one package that contained at least $30,000.   

Ronald Fortuna admitted flying to Florida with two other individuals in late June or early July 2011 in order to obtain oxycodone.  On July 3, 2011, investigators from the Multi-Agency Diversion Task Force in Palm Beach County, Florida arrested one of Ronald Fortuna’s companions at the West Palm Beach Airport as the men were attempting to board their return flight.  The companion was found to be smuggling 1,377 30-milligram oxycodone tablets.  The individual cooperated with law enforcement and stated that he, Ronald Fortuna, and the other man had been sent to Florida by Michael Fortuna to pick up the pills.  He identified Michael Fortuna as the head of a drug trafficking organization that obtained oxycodone from Palm Beach County, Fla. and distributed the pills in Logan County, W.Va.  The cooperating source admitted that he had been recruited to carry oxycodone pills on his person during a return flight to West Virginia. 

Michael Fortuna admitted that he distributed a total of at least 4,955 30-milligram oxycodone tablets during the scheme. 

Ronald Fortuna admitted that from at least the summer of 2009 until late summer 2011, he regularly sold oxycodone tablets from his Peach Creek residence located in Logan County, W.Va.  Ronald Fortuna also admitted that on or about November 10, 2010, he sold four 30-milligram oxycodone tablets to an informant working for the U.S. 119 Task Force.  The transaction occurred at a Peach Creek residence in Logan County. 

Ronald Fortuna further admitted that he distributed a total of approximately 2,500 30-milligram oxycodone tablets during the scheme.   

Both defendants face up to 20 years in prison and a $1 million fine when they are sentenced on May 2, 2013 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. 

The Drug Enforcement Administration Task Force, the United States Postal Inspection Service and the Logan County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Joshua Hanks is in charge of the prosecutions. 

HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Detroit man was sentenced to two years and three months in federal prison for heroin possession.  Gerald L. Height, also known as “Tim Lewis,” 37, of Detroit, previously pleaded guilty in September 2012 to possession with intent to distribute heroin. 

On March 12, 2012, law enforcement agents with the Huntington Violent Crime and Drug Task Force observed the defendant enter a vehicle at the Greyhound bus station in Huntington.  Law enforcement agents were conducting surveillance at the Greyhound location at the time.  Officers performed a traffic stop on the vehicle and a Huntington Police Department K-9 gave a positive indication of the presence of drugs.  Officers discovered a total of 62 bags of heroin with a weight of 35.5 grams in the defendant’s suitcase.  Height admitted to possessing the heroin for distribution. 

The Huntington Violent Crime and Drug Task Force, the Huntington Police Department and the Barboursville Police Department conducted the investigation.  Assistant United States Attorney Gregory McVey handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers

Mullins failed to pay more than $389,000 in taxes; defendant also overbilled public defender program by nearly a quarter of a million dollars

BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced today that West Virginia attorney Charles B. Mullins II was sentenced to 18 months in federal prison for tax evasion.  Mullins, 52, of Daniels, Raleigh County, W.Va., previously pleaded guilty in August 2012.  Mullins admitted that for years 2006-2009, he failed to pay more than $389,000 in taxes. Mullins also admitted that he owes the state public defender program $223,605 and Alabama-based Daniels Capital Corporation (“DCC”) $184,030 by making false statements concerning the amount of work he did on court-appointed criminal defense work. 

U.S. Attorney Booth Goodwin stated, "Lawyers hold a position of public trust. When that trust is broken, the public and the legal profession suffer. It is particularly disappointing when a member of the bar is convicted of wrongdoing. The sentence of the court in this case will hopefully send a clear message that such conduct cannot be tolerated.”

Mullins practiced law in Pineville, Wyoming County, W.Va.  Mullins admitted that he deposited money into his client trust account, which included legal fees, reimbursements from settlements for private clients, as well as his personal income.  Mullins further admitted that he then wrote checks for his personal use directly from his law office’s client trust account.  Mullins admitted that on his federal income tax returns, he did not report as income the money that he used personally from his law office’s trust account.  Mullins also admitted that he did not provide the client trust account ledgers to his accountant to aid in the preparation of his taxes.  In an effort to conceal the personal expenditures from his trust account, Mullins had employees falsely assign personal expenses to a random client in his trust account computer software program.  In the operating account, which he provided to his accountant, Mullins classified personal expenses as business expenses, which were deducted from his income.

Among other types of cases, he represented indigent clients in state criminal matters pending in Wyoming, Mercer and McDowell counties.  As a normal practice, after a case was completed, Mullins submitted a payment voucher form to the Circuit Court Judge in the case for approval.  The Circuit Court Judge reviewed the payment voucher and signed a court order authorizing payment.  Mullins then submitted the court order to the West Virginia Public Defender Services (“WVPDS”) for payment. 

Mullins entered into a cash-advance agreement with Daniels Capital Corporation (“DCC”), a corporation headquartered in Birmingham, Alabama, to expedite his payments.  In exchange for prompt payments less a small percentage, Mullins assigned his right to full payment from WVPDS to DCC.  In essence, Mr. Mullins would fax DCC a form listing the amount ordered by the circuit court, or the amount he expected that the circuit court would order.  DCC would wire Mr. Mullins the reimbursement less a percentage that same day or the next day.  When WVPDS eventually processed the same payment voucher, WVPDS would pay DCC directly the full amount.

Beginning in March 2005 and at least until June 2011, Mullins submitted false payment vouchers to the WVPDS.  Mullins admitted that he inflated the amount of hours he worked on particular cases.  Mullins then submitted the vouchers to the Circuit Court, which would in turn submit them to WVPDS by the Clerk of Court. 

Mullins also admitted that he submitted false payment vouchers to DCC which represented that he had performed or would perform work on cases and that the court would order payment in a certain amount.  Mullins knew that he did not perform such work. 

Between March 2005 and June 2011, Mullins reported to WVPDS that he worked more than 24 hours in a single day on numerous occasions, and frequently overbilled WVPDS for work he performed. 
Mullins admitted that he owes the WVPDS $223,605. Mullins also agreed he owed Daniels Capital $184,750.85.

The court ordered the defendant to pay restitution in the amount of $780,146.51.  The defendant owes $184,030.85 to Daniels Capital Corporation; $223,605 to the West Virginia Public Defenders Services; and $372,510.66 to the IRS.    

In a similar matter, former attorney Christopher B. Bledsoe, 33, was sentenced in February 2012 to 18 months in federal prison for wire fraud.  Bledsoe admitted to a similar scheme in which he falsified payment vouchers for court-appointed criminal defense work.

The Bledsoe case was brought as part of an investigation by the West Virginia Commission on Special Investigations into false and fraudulent billings submitted by attorneys for services performed in appointed criminal matters. 

This case was handled by Assistant United States Attorney Meredith George Thomas and investigated by the Internal Revenue Service and the West Virginia Commission on Special Investigations.  The sentence was imposed by United States District Judge Irene C. Berger.

Defendant admits to distributing a total of more than 3000 pills during illegal scheme

BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced that a Tennessee man was sentenced (Jan.10) to seven years and three months in federal prison for conspiracy to distribute oxycodone.  Doneven S. Bailey Jr., 49, of Chattanooga, Tenn., admitted that from June 8, 2011 until February 3, 2012, he conspired with a known associate to illegally distribute oxycodone pills in and around Beaver, Raleigh County, W.Va.  Bailey further admitted that on several occasions, he and his associate transported oxycodone pills from the Chattanooga, Tennessee area to sell in and around Beaver, W.Va.  Bailey also admitted that his associate’s vehicle was used to transport the oxycodone pills from Chattanooga to a motel in Beaver, W.Va. 

Bailey admitted that on two occasions on February 3, 2012, individuals cooperating with law enforcement authorities obtained 50 30-milligram oxycodone pills from him and his associate while inside of their rented motel room in Raleigh County, W.Va.  On February 3, 2012, law enforcement agents executed a search warrant at the defendant’s motel room and seized a quantity of oxycodone pills and buy money that was used during prior controlled drug transactions. 

Bailey admitted that he is responsible for distributing a total of 3200 30-milligram oxycodone pills over an eight-month period.     

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 Raleigh County Sherriff’s Department conducted the investigation.  Assistant United States Attorney John File handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Nicholas County woman was sentenced (Jan. 10) to two years in federal prison for conspiracy to manufacture methamphetamine.  Jennifer Curry, 37, of Nicholas County, W.Va., previously pleaded guilty in May.  The defendant admitted that on June 1, 2011, she manufactured approximately 6 grams of methamphetamine at a residence located in Richwood, W.Va.  Curry further admitted that she used manufacturing supplies provided by other individuals. 

On June 2, 2011, after being advised of her Miranda rights, the defendant agreed to waive her rights and admitted that she cooked methamphetamine on at least 30 occasions at various locations in Nicholas County, W.Va. since October 2010. 

Curry admitted that she was responsible for distributing at least 50 grams but less than 200 grams of methamphetamine.   

The West Virginia State Police and the U.S. Forestry Service conducted the investigation.  Assistant United States Attorney John Frail handled the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr.

Mullins used a pistol to rob a Hurricane nursing home of prescription pills and cash from a Lincoln Co. bank

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Lincoln County woman was sentenced to 10 years in federal prison for armed robbery of a Hurricane nursing home facility and a Lincoln County bank.  Morgan Marie Mullins, 26, of West Hamlin, Lincoln County, W.Va., previously pleaded guilty in August 2012 to interfering with commerce by threats of violence, using and carrying a firearm during and in relation to a crime of violence, and armed bank robbery. 

"This case shows in very stark terms the devastating effects of the prescription drug epidemic," said U.S. Attorney Goodwin. "The defendant’s crimes were shocking and now she has ten years to think about the effects of those crimes."

Goodwin continued, “As the Court noted, the significance of this sentencing should also serve as a deterrent.” 

Mullins admitted that on May 2, 2012, she robbed the Teays Valley Center nursing home located in Hurricane, W.Va. Mullins further admitted that she used a 9-millimeter pistol when she robbed on-duty employees at the nursing home of controlled substances, including prescription painkillers.  The defendant was employed at the nursing home at the time of the robbery. 

Also on May 22, 2012, Mullins robbed the City National Bank located in West Hamlin, Lincoln County, W.Va. of $3003 cash.  Mullins further admitted that she used the same 9-millimeter pistol for both robberies. 

On May 23, 2012, Mullins gave a voluntary statement to law enforcement officers where she admitted to robbing the Teays Valley Center and the City National Bank.  Law enforcement officers later recovered the 9-millimeter pistol from beneath the defendant’s bed.  Officers also recovered a black hat with red and white stripes with the eye holes cut out of it.  The hat was found in an alley near the bank that was robbed in Lincoln County.  The defendant admitted that she wore the hat as a disguise during the robberies.    

The defendant further admitted that at the time of both robberies and for the past three and a half years, she has been addicted to oxycodone.

The FBI conducted the investigation. Assistant United States Attorney Steven I. Loew 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. 

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 working with existing local programs that target gun crime.

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced that a Raleigh County man was sentenced (Jan. 10) to one year in federal prison followed by two years of supervised release for burglary and aiding and abetting the burglary of a federal post office.  Timothy Taylor, 31, of Beckley, was previously convicted in August 2012 by a federal jury sitting in Beckley for his role in the post office burglary scheme. Trial evidence revealed that Taylor forcibly broke into or aided and abetted co-defendant Benjamin Webb, 39, in the forcible break-in of the Fairdale Post Office. 

Webb admitted that on October 30, 2011, he and co-defendant Taylor arrived at the Fairdale Post Office located in Beckley, W.Va. and gained entry into the post office by smashing a glass door using a sledgehammer. The post office was closed at the time the burglary occurred.  Webb further admitted that once he and Taylor were inside of the post office, they stole nine packages and fled the scene. 

Webb also admitted that the packages stolen from the post office were addressed to him and contained quantities of prohibited synthetic stimulants commonly known as “bath salts.”

Webb was previously sentenced in August 2012 to eight months in federal prison and three years of supervised release for his role in the scheme. 

The Court also ordered the defendant to pay restitution in an amount not to exceed $1228, including the damage to the post office and the value of the stolen mail.   

The United States Postal Inspection Service and the Raleigh County Sheriff’s Office conducted the investigation.  Assistant United States Attorneys Erik Goes and Larry Ellis handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger. 

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Kanawha County man pleaded guilty in federal court to possession of child pornography.  Tracey E. Cooper, 38, of Dawes, Kanawha County, W.Va., admitted that on December 21, 2011, 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.  Cooper admitted that he knew the images and videos constituted child pornography.  The defendant also admitted that many of the images depicted prepubescent minors.  Cooper further admitted that at least one of the images portrays a prepubescent minor depicted in sadistic or masochistic conduct or other depictions of violence. 

Cooper further admitted that he used the peer-to-peer file sharing programs, Shareaza and Aires, to download, receive and share child pornography.   

Cooper faces up to 10 years in prison and a $250,000 fine when he is sentenced on March 28, 2013 by United States District Judge John T. Copenhaver, Jr. 

The Federal Bureau of Investigation West Virginia Cyber Crimes Task Force, the Kanawha Bureau of Investigation and the Kanawha County Sheriff’s Department 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.”

All-In-One store was demolished in Huntington’s Fairfield district in December

HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced that a former Huntington convenience store owner was sentenced to six months in federal prison and six months of home confinement followed by three years of supervised release for defrauding the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the Food Stamp Program. Abderahamane Eloirzazi, also known as Abe, 44, of Huntington, was the owner and operator of the All-In-One convenience store formerly located on 9th Avenue in Huntington. The store, once a magnet for crime in Huntington’s Fairfield neighborhood, was demolished in December following the defendant’s conviction.

Eloirzazi was required to hand over the property to the City of Huntington as a condition of his plea agreement. 

U.S. Attorney Booth Goodwin said, “With this sentencing the book on the All-In-One store is closed.  It is up to the community to write a new one.”

From some time prior to June 2010 and continuing until February 2012, Eloirzazi and co-defendants Stephanie Pauley, 35, and Cynthia Gibson, 40, all of Huntington, conspired together and with other known individuals in an illegal scheme to defraud the federal food benefits program. Federal food benefits cards are provided to qualifying low-income households for the purpose of feeding people who otherwise might go hungry. The benefits can only be used to buy food. Eloirzazi and his co-conspirators, however, cheated the program. Card-holders could walk into Eloirzazi’s store and swipe their cards for fake food purchases, pretending to buy food when in fact they were simply transferring money from their food benefits card to Eloirzazi’s account. In exchange, Eloirzazi would compensate them with cash or items like cigarettes or alcoholic beverages, usually offering only 50 to 65 cents for every dollar’s worth of food benefits a card-holder had paid him.       

The Court ordered the defendant to pay restitution in the amount of $127,000 to the Department of Agriculture.

The investigation was conducted by the Department of Agriculture, the Huntington Police Department, the West Virginia State Police and the Department of Homeland Security.  Assistant United States Attorney Erik Goes handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers

Doctor’s prescribing practices connected to numerous deaths; sentence is four times the maximum recommended by federal guidelines

HUNTINGTON, W.Va. –United States Attorney Booth Goodwin today announced that a Cabell County doctor was sentenced to two years in prison for violating federal drug control laws. Dr. Anita Dawson, 55, of Milton, W.Va., previously pleaded guilty in July to aiding and abetting the illegal acquisition of prescription drugs by misrepresentation, fraud, forgery, deception and subterfuge. The sentence is four times the maximum sentence recommended under federal sentencing guidelines, which called for a sentence of zero to six months.

Dawson admitted that from July 2006 until May 21, 2009, she wrote prescriptions for addictive pain medications to an individual identified by the initials E.B.  Dawson admitted she prescribed a total of nearly 6,000 pills containing oxycodone and more than 220 pills for the painkiller Endocet.   Dawson further admitted that at the time she wrote the prescriptions for E.B., she knew that the patient was seeking pain medication for an addiction and other inappropriate reasons.     

Dawson and E.B. entered into a pain management agreement that required the patient to submit to drug tests and pill counts.  Despite E.B.’s repeated violations of the pain management agreement, Dawson admitted she continued to prescribe pain medication. 

At today’s sentencing hearing, United States District Judge Robert C. Chambers heard from family members of three people killed in 2009 when their vehicle was hit by another vehicle driven by a patient of Dawson’s. The patient was addicted to prescription drugs and was under the influence of prescription medication at the time of the crash. In imposing Dawson’s sentence, Judge Chambers also noted that nine other patients of Dawson’s had died of prescription drug overdoses.

“It’s hard to put into words the devastating impact of this defendant’s crimes,” said U.S. Attorney Goodwin. “My heart goes out to the families who spoke at today’s hearing and to everyone who lost a loved one because of Dr. Dawson. Judge Chambers was right: This woman’s behavior is shocking, and this case should send a message to other doctors who abuse their prescription power.”

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

In sentencing Dawson, Judge Chambers said that doctors who violate prescription laws need to be held accountable for their role in the “horrible problem” of prescription drug abuse. Judge Chambers said he intended the sentence to send a warning to doctors that they will be held accountable for their prescribing practices.

Dawson’s medical license was suspended by the West Virginia Board of Osteopathy in April 2010, on the same day federal and state investigators executed a search warrant at her Milton office. Following the search and the suspension of her medical license, Dawson voluntarily gave up her license permanently.

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 investigation was conducted by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services Office of Inspector General, and the Drug Enforcement Administration, with assistance from the West Virginia State Police and the Cabell County Sheriff’s Office.  Assistant United States Attorney Steven Loew handled the prosecution. 

Starks admitted to stealing more than $300,000 from the Charleston-based organization

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Charleston festival executive director pleaded guilty in federal court to income tax fraud.  Deborah S. Starks, 55, of Cross Lanes, W.Va., admitted that she filed a false tax return in connection with an embezzlement scheme that drained more than $300,000 from MultiCultural Festival of WV, Inc. (“MultiFest”), a Charleston-based non-profit organization.

U.S. Attorney Booth Goodwin said, "Ms. Starks failed to report more than half a million dollars of income on her taxes. More than $300,000 of that unreported income was stolen by her from the charity that puts on Multifest each year.”

Goodwin continued, “Obviously $300,000 is a substantial amount of money to any company, but it's especially significant to a small business or charity.  That's why my office has focused on investigating and prosecuting cases like these to protect such organizations and to send a clear message that such conduct will not be tolerated in this district."

Starks was the treasurer of MultiFest at the time of the scheme.  MultiFest sponsors a music, arts and crafts, and dance festival held annually in Charleston. As treasurer, Starks was in charge of revenue and expenses for MultiFest and maintained the organization’s bank accounts.   

Starks admitted that beginning in or about 2005 and continuing until 2010, she embezzled approximately $306,000 from MultiFest. She also admitted additional unreported taxable income of approximately $200,000.  Starks further admitted that she wrote personal checks to herself and to other people, withdrew cash in the form of checks, and made ATM transactions from MultiFest bank accounts during the scheme.  Starks also admitted that the embezzled funds were used primarily to support her personal gambling activities. 

In addition to the embezzlement scheme, the defendant admitted that she prepared, signed and filed a joint U.S. Individual Income Tax Return for each of the calendar years 2005, 2006, 2007, 2008, 2009 and 2010 and did not report the embezzled funds as income. 

Starks has agreed to pay restitution to MultiFest in the amount of $306,872.04 and the Internal Revenue Service (IRS) in the amount of $128,626. 

Starks faces up to three years in prison and a $250,000 fine when she is sentenced on April 2, 2013 by United States District Judge John T. Cophenhaver, Jr.

This matter was investigated by the IRS. Assistant United States Attorney Eumi L. Choi is handling the prosecution.

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

Defendants admit to their roles in a Parkersburg crack cocaine distribution conspiracy

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that three Parkersburg residents pleaded guilty in connection with an illegal crack cocaine distribution conspiracy in Parkersburg, W.Va.  Brandon Mykel Perdew, 21, Samuel Shae White, 25 and Sarah Nichole Miller, 21, each pleaded guilty to conspiracy to distribute 28 grams or more of crack cocaine.  

Perdew and Miller admitted that no later than the summer of 2011 until April 2012, they were involved in distributing  crack cocaine in and around Wood County, W.Va.  Perdew obtained the crack cocaine from Columbus, Ohio.  Perdew and Miller admitted that during the scheme, they made trips to Columbus to obtain the illegal drugs where they distributed it in and around Parkersburg or provided it to other sellers including Samuel White to distribute in and around Parkersburg.  White admitted joining the conspiracy in January 2012.

On January 20, 2012, the Parkersburg Narcotics and Violent Crimes Task Force used a confidential informant to purchase 1.09 grams of crack cocaine from Perdew.  On March 13, 2012, the Task Force used an informant to purchase 1.13 grams of crack cocaine from White.  On April 16, 2012, law enforcement agents also used an informant to purchase a quantity of crack cocaine from Perdew.  Each of the drug transactions occurred at 1330 Staunton Avenue in Parkersburg. 

The defendants admitted that the Staunton Avenue residence was rented by Miller in November 2011 and used for storing and selling crack cocaine during the conspiracy. 

Miller admitted that on March 8, 2012, she drove White to a residence located on Hill Street in Parkersburg where White sold approximately 1.77 grams of crack to an informant working with law enforcement agents.  On April 18, 2012, law enforcement officers observed Miller drive away from the Staunton Avenue residence in a 2003 Volkswagen Passat.  Officers executed a search warrant on the vehicle and seized approximately 59.4 grams of crack cocaine, two sets of digital scales, and a .40 caliber semiautomatic pistol that contained a loaded magazine with 12 rounds of ammunition.

Also on April 18, 2012, members of the Parkersburg Narcotics and Violent Crimes Task Force executed a search warrant at the 113 Staunton Avenue residence and seized several items including a stolen M&P 15-22, .22 caliber semiautomatic rifle and a G&P WASR semiautomatic rifle.  Agents arrested Perdew and White at the time the search warrant was executed.  Perdew admitted that he had a key to the Staunton Avenue residence on his person and $1,005 in cash. 

Perdew, White and Miller each face a mandatory minimum of five years and up to 40 years in prison and a $5 million fine when they are sentenced on April 11, 2013 by United States District Judge Thomas E. Johnston.

This case was investigated by the Parkersburg Narcotics and Violent Crimes Task Force.  Assistant United States Attorney Joshua Hanks is in charge of the prosecutions.