Southern District of West Virginia

CHARLESTON, W.Va. – Charles Eugene Moore, 37, of Charleston, was sentenced today to three years and five months in prison, to be followed by three years of supervised release, for distribution of a quantity of fentanyl.

According to court documents and statements made in court, on April 22, 2022, Moore sold approximately 28 grams of a mixture containing fentanyl and caffeine to a confidential informant in Charleston. Moore admitted to the transaction and further admitted to selling approximately 17 grams of a mixture containing fentanyl and xylazine, a powerful veterinary sedative also known “Tranq,” to a confidential informant in Charleston on April 15, 2022. At the time of these offenses, Moore was on parole following his conviction for second-degree murder in Kanawha County Circuit Court on May 5, 2008.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).

United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-109.

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CHARLESTON, W.Va. – Acting United States Attorney Lisa G. Johnston announced today that Med-Surg Physician Group Inc. and its owner Oluyemisi Sangodeyi, M.D., have agreed to pay the United States $152,382.70 to resolve civil allegations that they violated the federal False Claims Act by submitting false claims for payment to Medicare and Medicaid and falsely certifying compliance with program requirements.

Med-Surg Physician Group, Inc. (Med-Surg) is a medical practice based in Beckley, West Virginia, providing both general internal medicine services as well as medication assisted treatment (MAT) for substance use disorder. Analysis of Med-Surg’s Medicare and Medicaid claims revealed an unusual billing pattern for Healthcare Common Procedure Coding System (HCPCS) procedure code Q3014 (telehealth originating site facility fee). This billing code is intended to allow an enrolled facility where a patient is physically located to recoup costs associated with connecting the patient in the facility with an outside provider such as a specialist for telehealth services. Federal regulations specify that “only the originating site may bill for the originating site facility fee.” 

After conducting patient interviews, investigators determined that Med-Surg was regularly billing procedure code Q3014 for telehealth visits where the patient was at home, in violation of federal law and regulations that specify that the facility fee is not payable where the patient’s originating site is their home. The policy manual for the West Virginia Bureau for Medical Services (BMS), the designated single state agency responsible for the administration of West Virginia’s Medicaid program, states plainly “the provider may not bill originating site code when the originating site is the home of the member.” In addition, a clarifying letter was issued by BMS Commissioner Cynthia Beane on March 16, 2020, specifying “there will be no reimbursement for the originating site of the members home (Q3014).” 

Despite the clear requirements of the statutes, regulations, and policy guidance, between March 25, 2020, and January 27, 2021, Med-Surg routinely added the Q3014 billing code when submitting claims to Medicare and Medicaid for telehealth visits. During the relevant time period, Med-Surg received a total of $76,191.35 from Medicare and Medicaid as a result of this inappropriate billing.

“Dr. Sangodeyi and Med-Surg repeatedly billed for fees they knew they were not entitled to, at the expense of the American taxpayer,” said Acting United States Attorney Lisa G. Johnston. “The resolution of this matter is the result of the outstanding investigative work of the U.S.  Department of Health and Human Services-Office of the Inspector General (HHS-OIG) and the West Virginia Attorney General’s Medicaid Fraud Control Unit (MFCU), in collaboration with the United States Attorney’s Health Care Fraud Task Force. I also commend our office’s Affirmative Civil Enforcement and Health Care Fraud Investigative Specialist, Tyler E. Japhet, for assisting the investigation and Assistant United States Attorney Gregory P. Neil for securing the settlement announced today.”

“Accurately submitting claims for reimbursement from the Medicare and Medicaid Program is required of all health care providers,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG and the U.S. Attorney’s Office will continue to evaluate and pursue allegations of fraud in federal health care programs.”

“We are committed to ensuring money for Medicare and Medicaid is used for its intended purpose,” said West Virginia Attorney General JB McCuskey. “Many people rely on these programs and we, with our partners, will continue to work to protect taxpayer dollars.”

The United States Attorney’s Health Care Fraud Task Force brings together federal, state, and local law enforcement partners from numerous agencies to coordinate intelligence sharing and prosecution of health care fraud impacting Medicare, Medicaid, and other public health care programs.     

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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CHARLESTON, W.Va. – Acting United States Attorney Lisa G. Johnston announced today that Thompson Construction Group Inc., of Sumter, South Carolina, has agreed to pay the United States $191,070 to resolve civil allegations that it violated the federal False Claims Act by submitting false claims for payment from federal disaster recovery grant funds and by falsely certifying that homes it had constructed were compliant with contract conditions. 

On June 26, 2016, portions of central and southern West Virginia experienced extreme levels of rainfall, resulting in historic flooding over a vast swath of the region.  Flood waters rushing across West Virginia’s mountainous landscape damaged or swept away thousands of homes, businesses, bridges and other infrastructure, leaving thousands of West Virginia residents homeless and at least 23 dead. Following a presidential disaster declaration issued in response to the flooding, Congress appropriated funds for disaster recovery in West Virginia to be administered by the U.S. Department of Housing and Urban Development (HUD) in the form of Community Development Block Grant – Disaster Recovery (CDBG-DR) funds. These funds were made available to fund an array of recovery needs in West Virginia including housing rehabilitation and replacement for low income homeowners.

Thompson was awarded a series of contracts to reconstruct homes that were damaged or destroyed during the catastrophic flood. Because future flooding and water intrusion was a concern, the contracts included specific requirements for water management including crawl space drainage systems and sump pumps to be installed in homes constructed in a flood plain. These requirements were detailed in pre-bid construction specifications and incorporated into the contracts awarded.

Thompson completed construction of these homes and submitted invoices certifying compliance with the contract terms and was paid from federal CDBG-DR funds.  Investigators later learned, however, that crawl space drainage systems and sump pumps had not been installed as required, making Thompson’s claims and certifications false.

The Settlement Agreement announced today requires Thompson to pay $95,535 in restitution and $95,535 in double damages pursuant to the False Claims Act.

“Numerous West Virginia families devastated by the 2016 flooding relied on Thompson Construction, which received significant taxpayer dollars only to leave these families vulnerable to future flooding,” said Acting United States Attorney Lisa G. Johnston. “I commend HUD-OIG and the West Virginia Commission on Special Investigations for conducting the civil investigation, the Affirmative Civil Enforcement-Health Care Fraud Investigative Specialist Tyler E. Japhet in our office for assisting the investigation, and Assistant United States Attorney Gregory P. Neil for securing this settlement.”

“Thompson Construction Group’s actions diverted limited federal taxpayer resources that were intended to help victims rebuild homes that had been damaged by devastating floods and instead used that money to line their pockets,”  said Special Agent-in-Charge Shawn Rice with HUD-OIG. “HUD OIG remains steadfast in its commitment to working with our prosecutorial, law enforcement, and oversight partners to aggressively pursue individuals who engage in activities that threaten the integrity of HUD programs.”

“The Commission on Special Investigations is committed to investigating all matters involving the misappropriation and theft of public funds,” said Commission Director Rick Eplin. “Commission investigators spent many days in the field interviewing homeowners and contractors in this matter. In addition, they collected photographic evidence that clearly supported the allegations set forth. We are thankful for the support of our federal partners with HUD-OIG and the United States Attorney’s Office who made a successful resolution of this case possible.”

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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HUNTINGTON, W.Va. – Edward Leon Sowards, 35, of Hurricane, was sentenced today to one year and three months in prison, to be followed by three years of supervised release, for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence.

According to court documents and statements made in court, Sowards admitted that he purchased a Taurus model Public Defender Judge Poly .45-caliber/.410-gauge revolver from an individual in June 2023. Sowards further admitted that he knew the individual had stolen the firearm. Sowards was later confronted about the stolen firearm being in his possession. On June 21, 2023, Sowards met with the individual in a Hurricane parking lot and returned the firearm. Sowards admitted that he knew the serial number had been removed from the firearm at the time he returned it to the individual.

Federal law prohibits a person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition. Sowards knew he was prohibited from possessing a firearm because of his prior conviction for domestic battery in Putnam County Magistrate Court on April 20, 2012.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the West Virginia State Police.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Courtney L. Finney prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-147.

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HUNTINGTON, W.Va. – Timothy Ryan Wolfe, 39, of Huntington, was sentenced today to three years of federal probation, including one year on home detention, for unlawfully engaging in the business of dealing firearms.

According to court documents and statements made in court, from at least April 30, 2024, through June 6, 2024, Wolfe engaged in the business of dealing in firearms without a Federal Firearms License (FFL). Wolfe advertised the sale of firearms on various social media platforms during this time. Wolfe admitted that he received requests from individuals for specific firearms that he purchased from FFL entities to sell to these individuals, and also purchased firearms without a specific buyer in mind with intent to sell them to other individuals. Wolfe further admitted that he is not licensed to deal in firearms and knew that he needed an FFL based on the quantity and regularity with which he was buying and selling firearms.

Wolfe sold a total of 11 firearms to a confidential informant over the course of five transactions during this time period, each time at Wolfe’s residence. Wolfe admitted to these transactions and further admitted that they included the sale of two short-barrel rifles that were not registered to Wolfe in the National Firearms Registration and Transfer Record as required by law. Wolfe also admitted to purchasing and converting one of those firearms after the confidential informant requested a short-barrel rifle.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-160.

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BECKLEY, W.Va. – Demetrius Terrell Burns, 32, of Beckley, was sentenced today to 10 months in prison, to be followed by three years of supervised release, for conspiracy to distribute methamphetamine, fentanyl and cocaine base. Burns admitted to his role in a drug trafficking organization (DTO) that distributed methamphetamine, fentanyl and cocaine base, also known as “crack,” in Beckley and elsewhere within the Southern District of West Virginia.

According to court documents and statements made in court, in April 2024 Burns received fentanyl from a supplier in Beckley that he used to supply Tilford Joe Bradley Jr., a co-defendant. Burns admitted that on April 12, 2024, he told Bradley by phone that he had received a shipment of “raw” fentanyl. Burns further admitted that he offered to sell Bradley $1,800 worth of raw fentanyl, and they discussed adding cutting agent to the fentanyl to make a larger profit when it was sold. Burns also admitted that he knew Bradley intended to redistribute these drugs in and around the Southern District of West Virginia.

Burns and Bradley are among 12 individuals indicted on charges alleging the defendants conspired to distribute methamphetamine, fentanyl, and crack within the Southern District of West Virginia from in or about June 2023 to in or about May 2024. All 12 have pleaded guilty, including two defendants who pleaded guilty to separate charges in lieu of the offenses alleged in the indictment.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-90.

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CHARLESTON, W.Va. – Gamalier Rivera, 33, of Allentown, Pennsylvania, pleaded guilty today to aiding and abetting the introduction of contraband into a federal prison.

According to court documents and statements made in court, on February 9, 2024, correctional officers at Federal Correctional Institution (FCI) McDowell detected a drone flying over the prison facility. The flight path of the drone took it from the fence securing the prison facility to a cell in one of the housing units. Officers searched the cell and found a broken exterior window, numerous cell phones, tobacco, and marijuana within the cell.

Officers traced the flight path back to the drone’s launch site, where they found and apprehended Rivera and co-defendants Hector Luis Gomez DeJesus and Raymond Luis Saez Aviles. Officers seized the drone, the drone’s remote controller, and contraband consistent with what was found in the cell.

As part of his guilty plea, Rivera admitted that he, DeJesus, and Aviles participated in the introduction of the contraband into FCI McDowell by using the drone to transport marijuana, tobacco, and cell phones into the prison facility. Rivera further admitted that he expected to be paid for his participation in the contraband introduction.

Rivera is scheduled to be sentenced on July 7, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine.

A federal grand jury indicted Rivera, DeJesus, 32, of Sanford, North Carolina, and Aviles, 37, of Poinciana, Florida, and also indicted Arturo Joel Gallegos, 26, Miguel Angel Aleman-Piceno, 22, and Francisco Alejandro Gonzalez, 24, all of Chicago, Illinois, in a separate case. Charges in both cases allege the defendants provided or attempted to provide contraband to FCI McDowell inmates in February 2024. The indictments against the remaining defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

“Today’s guilty plea is the result of the vigilance and dedication of the Federal Bureau of Prisons (BOP) and the excellent coordination and teamwork between BOP, the Federal Bureau of Investigation (FBI), and the McDowell County Sheriff’s Office,” said Acting United States Attorney Lisa G. Johnston.

Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Brian D. Parsons is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:24-cr-127.

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CHARLESTON, W.Va. – Brian Ellis Jones, 44, of Freeport, New York, was sentenced today to 18 years in prison, to be followed by five years of supervised release, for conspiracy to distribute 50 grams or more of methamphetamine.

According to court documents and statements made in court, from March 15, 2023 through June 24, 2023, Jones sent 11 packages containing methamphetamine from New York to co-defendant Jason Todd Painter in Clendenin, West Virginia. Jones admitted that the packages contained a total of at least 33 pounds of methamphetamine. Painter kept some of the methamphetamine for himself and held the rest for Jones to pick up. Jones occasionally directed Painter to deliver methamphetamine to other individuals in the Kanawha County area.

On July 15, 2023, Jones shipped a package through the United States Postal Service from New York to Clendenin. Law enforcement intercepted the package and discovered methamphetamine inside. On July 18, 2023, law enforcement officers arrested Jones and found $1,133 on his person. Jones admitted that he possessed the money and that it was a portion of his drug proceeds.

Painter, 40, of Clendenin, was sentenced on November 13, 2024 to five years in prison, to be followed by three years of supervised release, after pleading guilty to conspiracy to distribute a quantity of methamphetamine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI). MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney JC MacCallum prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-182.

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CHARLESTON, W.Va. – Donald Renard Taylor, 49, of Dunbar, pleaded guilty today to distribution of a quantity of methamphetamine.

According to court documents and statements made in court, on July 31, 2023, Taylor sold 104.63 grams of methamphetamine to a confidential informant for $850. Taylor admitted to the transaction and further admitted to selling 27.71 grams of methamphetamine for $240 on June 14, 2023, and 55.75 grams of methamphetamine for $440 on July 13, 3023, to the confidential informant. All three transactions occurred in Dunbar.

On August 2, 2023, law enforcement officers executed a search warrant at Taylor’s Dunbar residence and seized 139.7 grams of methamphetamine, over 200 grams of fentanyl, 544.8 grams of cocaine and $19,479. Officers also seized six firearms: a Highpoint 9mm pistol, a Bearman .38-caliber pistol, a F.I.E. Corp .25-caliber pistol, a Glock L9 9mm pistol, a Taurus GX4 9mm pistol, and a Davis Industries .25-caliber pistol.

Taylor is scheduled to be sentenced on July 8, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Metropolitan Drug Enforcement Network Team (MDENT), which is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-44.

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CHARLESTON, W.Va. – Ijaz Oliver, 40, of Charleston, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on August 28, 2023, Oliver possessed a Smith & Wesson model 36 .38-caliber revolver in Charleston.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Oliver knew he was prohibited from possessing a firearm because of his prior felony conviction for conspiracy to distribute 5 grams or more of cocaine base in United States District Court for the Southern District of West Virginia on May 29, 2007.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe and former Assistant United States Attorney Troy D. Adams prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-136.

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CHARLESTON, W.Va. – Today, William Powell, 34, of Huntington, pleaded guilty to conspiracy to commit bank fraud, and Jasmine Spencer, 32, of Charleston, pleaded guilty to aiding and abetting bank fraud. Powell and Spencer each received $15,625 in proceeds from criminally derived Paycheck Protection Plan (PPP) loans, guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

According to court documents and statements made in court, co-defendant Kisha Sutton conspired with Powell, Spencer, and others to obtain fraudulent PPP loans. Sutton submitted a PPP loan application on Powell’s behalf on April 19, 2021, and a PPP loan application on Spencer’s behalf of May 27, 2021. Powell and Spencer were each listed as a sole proprietor hair stylist who received $75,000 in gross income in 2020. Each application was filed with an Internal Revenue Service (IRS) Form 1040, Schedule C Profit or Loss from Business, stating that the applicant had earned $75,000 in 2020. As part of their guilty pleas, Powell and Spencer admitted that they never earned $75,000 as a hair stylist in one year and that the IRS Form 1040 submitted with their application was fraudulent and created solely to obtain the PPP loan.

A PPP lender in Florida approved Powell’s loan application and a PPP lender in California approved Spencer’s. The $15,625 in proceeds from each loan was deposited in their respective personal bank accounts in late June 2021. Between June 30 and July 20, 2021, Sutton received $2,000 from Powell and $3,000 from Spencer as her shares of the fraudulent PPP loan proceeds. Powell and Spencer each transferred the money to Sutton using a digital wallet application. Powell and Spencer spent the remainder of their respective fraudulent loan proceeds on personal expenses.

The CARES Act made forgivable PPP loans available to qualifying sole proprietors, independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic, to replace their normal income and for certain other expenses. Applicants were required to certify that they were in operation on February 15, 2020, and provide documentation showing their prior gross income from either 2019 or 2020.

Powell is scheduled to be sentenced on July 2, 2025, and Spencer is scheduled to be sentenced on July 9, 2025. Each faces a maximum penalty of 30 years in prison, up to five years of supervised release, and a $1 million fine. Powell and Spencer each also owe $15,625 in restitution.

Powell, Spencer, and Sutton, 44, of Jersey City, New Jersey, are among seven individuals indicted by a federal grand jury on charges alleging they and others conspired, as well as aided and abetted one another, to obtain fraudulent PPP loans totaling $140,625. The indictment against Sutton and the other defendants remains pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia State Police – Bureau of Criminal Investigation (BCI), and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU).

United States District Judge Irene C. Berger presided over the hearings. Assistant United States Attorneys Jonathan T. Storage, Jennifer D. Gordon, and Holly Wilson are prosecuting the case.

Individuals with information about allegations of fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721, or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-192.

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HUNTINGTON, W.Va. – Jeff Allen Parsons, 28, of Genoa, pleaded guilty today to unlawful destruction of timber and was sentenced to a 90-day term of incarceration and ordered to pay $1,465.29 in restitution.

According to court documents and statements made in court, on November 8, 2023, Parsons traveled with co-defendants Ronald Lee Frye and Eugene Luther Cochran onto public land at or near East Lynn with intent to cut and remove multiple trees illegally from the property. Parsons admitted that he assisted in cutting down the trees while on the property, and that they broke open a metal gate located on the property to bring their truck closer to one of the cut trees.

Parsons further admitted that they attempted to leave the property after they were spotted by employees of the U.S. Army Corps of Engineers.

Charges against Frye, 33, of Wayne, and Cochran, 36, of Genoa, are pending. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the United States Army Corps of Engineers, Huntington District, and the West Virginia Division of Forestry.

United States Magistrate Judge Joseph K. Reeder presided over the hearing and imposed the sentence. Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Owen Reynolds prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-161.

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HUNTINGTON, W.Va. – Semaj Markes Leondre Figg, 33, of Huntington, pleaded guilty today to possession with intent to distribute quantities of fentanyl and cocaine base, also known as “crack.”

According to court documents and statements made in court, on February 9, 2024, law enforcement officers responded to reports of shots fired at an 11th Avenue residence in Huntington, encountered Figg, and arrested him on an outstanding warrant. Officers executed a search warrant at the residence and seized approximately 30 grams of crack, 54 grams of fentanyl, a Glock 22C pistol and a Ruger-5.7 pistol. Figg admitted that he intended to sell the seized controlled substances.

Figg is scheduled to be sentenced on July 7, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie Taylor is prosecuting the case.

This case was prosecuted as part of Operation Synthetic Opioid Surge (SOS), an enforcement surge that has sought to reduce the supply of deadly synthetic opioids in high impact areas.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-180.

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CHARLESTON, W.Va. – Casey Thomas Judd, 37, of Charleston, was sentenced today to two months in prison, to be followed by six months of home detention and five years of supervised release, for failure to provide information related to interstate travel as required by the Sex Offender Registration and Notification Act (SORNA).

According to court documents and statements made in court, on or about June 14, 2024, Judd relocated from Charleston to Springfield, Ohio. Judd failed to register or update his registration as required by SORNA after his relocation.

Judd is required to register as a sex offender and comply with SORNA because of his prior conviction for third-degree sexual assault in Kanawha County Circuit Court on August 21, 2015.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the United States Marshals Service (USMS).

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Jonathan T. Storage prosecuted the case.

SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006 and provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA seeks to strengthen the nationwide network of sex offender registration and notification programs, in part by requiring registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-164.

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CHARLESTON, W.Va. – Shawn R. Blankenship, 54, of Winfield, pleaded guilty today to four counts of health care fraud.

According to court documents and statements made in court, Blankenship is a licensed nurse practitioner and owner of Holistic Inc., a medical clinic in St. Albans. Blankenship admitted that he knowingly and willfully caused the submission of materially false claims to Medicaid and its Managed Care Organizations for medical services that were not provided and not medically necessary.

Holistic provided multiple services to patients during the time period in question, primarily office-based opioid treatment and weight loss counseling as well as smoking and tobacco use cessation counseling. The investigation revealed that claims submitted to Medicaid for smoking cessation counseling, office visits, and weight loss counseling required a licensed provider to be present.

Blankenship admitted that four materially false claims were filed during the time period. Three were for smoking cessation services and one was for a 15-minute office outpatient visit, all purportedly conducted on October 29, 2020. Blankenship admitted that he knew such services were not provided because he and Holistic’s other licensed nurse practitioners were in Hilton Head, South Carolina, and not at Holistic from on or about October 28, 2020, through on or about October 30, 2020.

Investigators concluded the losses from Blankenship’s criminal conduct is approximately $600,000.

Blankenship is scheduled to be sentenced on July 21, 2025, and faces a maximum penalty of 40 years in prison, at least three years of supervised release, and a $1 million fine. Blankenship also owes restitution in an amount to be determined by the Court.

Today’s guilty pleas result from a multi-year investigation of fraudulent medical billing practices in the Southern District of West Virginia. Acting United States Attorney Lisa G. Johnston made the announcement and commended the outstanding investigative work of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the Federal Bureau of Investigation (FBI), the West Virginia Medicaid Fraud Control Unit (MFCU), the Drug Enforcement Administration (DEA), and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Trial Attorney Jody King of the U.S. Department of Justice Criminal Division-Fraud Section and Assistant United States Attorney Owen Reynolds are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-37.

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BECKLEY, W.Va. – Kimberly Rosetta Logan, 48, of Beckley, was sentenced today to two years and 10 months in prison, to be followed by three years of supervised release, for distribution of fentanyl. Logan admitted to her role in a drug trafficking organization (DTO) that distributed methamphetamine, fentanyl and cocaine base, also known as “crack,” in Beckley and elsewhere within the Southern District of West Virginia.

According to court documents and statements made in court, on April 10, 2024, Logan sold a quantity of fentanyl to a confidential informant at her residence in Beckley. Logan admitted to the transaction and to distributing additional amounts of fentanyl and cocaine to other individuals while using some herself throughout May 2024. Logan ordered an average of 8 grams of fentanyl and 4 grams of cocaine per week from her Beckley-based supplier by phone during that time period, receiving the controlled substances at her residence.

Logan has a long criminal history that includes prior convictions including for battery, obstruction of an officer, numerous shoplifting offenses, and controlled substances offenses.

Logan is among 12 individuals indicted on charges alleging the defendants conspired to distribute methamphetamine, fentanyl, and cocaine base within the Southern District of West Virginia from in or about June 2023 to in or about May 2024. All 12 have pleaded guilty, including two defendants who pleaded guilty to separate charges in lieu of the offenses alleged in the indictment.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-90.

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CHARLESTON, W.Va. – Theodore Miller, 35, of South Charleston, pleaded guilty today to two counts of wire fraud. Miller admitted to defrauding more than 170 individuals through two real estate-related investment schemes that caused losses of between $395,000 and $434,501.

According to court documents and statements made in court, Miller conceived and perpetrated the two fraudulent schemes between the spring of 2022 and September 2024. One scheme solicited direct investments to develop modern residential duplexes and a dry-storage lot on Bigley Avenue in Charleston. The other scheme offered a pooled real estate investment vehicle dubbed “Bear Lute.”

To carry out these schemes, Miller portrayed himself on social media as the “Wolf of West Virginia,” a wealthy, successful and knowledgeable real estate mogul with enough disposable income to travel the world at his leisure. As part of his guilty pleas, Miller admitted that in reality, he had poor credit, thin month-to-month financial margins, was delinquent on property taxes and bills, and defaulted on loans.

In each scheme, Miller made multiple misrepresentations to investors. These misrepresentations included that individuals would receive returns on their investments, that their investments were secured by real property, and that they could withdraw their investments. As part of his guilty pleas, Miller admitted that there were no returns on investments, that he never owned the real property he identified as security for the investments, and that he used the money from his fraud schemes to pay unrelated expenses, debts and obligations.

Miller’s victims included an individual who wired $20,000 to Miller from California for the storage lot project on July 5, 2022, and an individual who wired $2,500 to Miller from Texas for Bear Lute on December 12, 2022.

The money from the schemes was deposited into bank accounts for several entities Miller solely owned and operated including Bear Industries LLC, which initially served as an umbrella entity for the related businesses. Miller’s mother, Deanna Drumm, served as vice president of operations for Bear Industries from in or around 2019 to September 2024. While Miller lived outside the United States from in or about June  2021 to on or about August 8, 2024, he directed his mother to handle the day-to-day operational tasks for the Bear entities including the management of finances and transfer of funds.

Drumm, 61, of Charleston, pleaded guilty on November 21, 2024, to aiding and abetting the sale and offer of unregistered securities. Both the direct investments and the Bear Lute investments were securities as defined by federal law, offered through interstate commerce via the internet, and were required to be registered. Drumm admitted that no registration statement was in effect for either of these securities, and that neither was exempt from the registration requirement. Drumm further admitted that she aided and abetted the offering of these unregistered securities in the course of her duties as vice president of operations for Bear Industries. Drumm is scheduled to be sentenced on May 29, 2025.

In September 2022, the West Virginia Securities Commission issued a cease-and-desist letter to Bear Industries ordering it to stop the unregistered sale and offering of securities in Bear Lute. In November 2022, the West Virginia Securities Commission issued a cease-and-desist order regarding the same. Miller admitted that he continued to operate Bear Lute in violation of the order and never disclosed the order to his investors.

On August 9, 2024, law enforcement officers arrested Miller following his return to the United States. Miller admitted that he told his wife during a recorded jail phone call on August 11, 2024, to report his iPhone stolen to make it inaccessible to law enforcement and to hide a backpack containing his laptop computer. Miller further admitted that the laptop contained most of the documents related to the direct investments and Bear Lute.

Miller is scheduled to be sentenced on July 2, 2025, and faces a maximum penalty of 40 years in prison, up to three years of supervised release, and a $500,000 fine. Miller also owes restitution of between $395,000 and $434,501, with the final amount to be determined by the Court.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia Fusion Center, the West Virginia Securities Commission, and the U.S. Securities and Exchange Commission.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorneys Holly Wilson and Joshua Hanks are prosecuting the case.

The U.S. Securities and Exchange Commission filed a parallel civil action against Miller, Bear Industries LLC, Bear Investments and Business Consulting LLC, and Drumm in U.S. District Court for the Southern District of West Virginia. The lawsuit alleges that Miller has engaged in the unregistered and fraudulent offer of securities related to his real estate-related investment programs since at least 2022, and that Miller’s social-media persona and businesses were all a calculated fraud to divert investor funds for his own personal benefit. The lawsuit seeks permanent injunctive relief, disgorgement of ill-gotten gains and prejudgment interest, and civil penalties.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:24-cr-145 and 2:24-cv-479.

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CHARLESTON, W.Va. – Charles Ray Mackey, 43, of Parkersburg, was sentenced today to four years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on November 16, 2023, law enforcement officers conducted a traffic stop of a vehicle driven by Mackey in Parkersburg. Officers searched the vehicle following the traffic stop and found a German Sports Guns model Firefly .22-caliber semiautomatic handgun.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Mackey knew he was prohibited from possessing a firearm because of his prior felony convictions for non-aggravated robbery, assault during the commission of a felony upon a person 65 years of age or older, and conspiracy to commit non-aggravated robbery in Wood County Circuit Court on June 12, 2001.

Mackey has a long criminal history that also includes convictions for breaking and entering, escape, domestic battery, fleeing, and obstruction.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department.

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Lesley C. Shamblin and former Assistant United States Attorney Bill Longwell prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-128.

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CHARLESTON, W.Va. – Catra Nelson, also known as “Trey,” 48, of Zanesville, Ohio, pleaded guilty today to conspiracy to distribute 50 grams or more of methamphetamine and aiding and abetting the distribution of 50 grams or more of methamphetamine.

According to court documents and statements made in court, from at least January 2020 to in or around March 2021, Nelson conspired with co-defendant Steven Reger and others to distribute quantities of methamphetamine in the Parkersburg, West Virginia, area. On March 23, 2021, Nelson aided and abetted in the sale of approximately 428.1 grams of methamphetamine to a confidential informant in Parkersburg.

Nelson is scheduled to be sentenced on July 24, 2025, and faces a mandatory minimum of 10 years and up to life in prison, five years of supervised release, and a $10 million fine.

Reger, 48, of Morgantown, was sentenced on August 24, 2023, to five years and three months in prison, to be followed by three years of supervised release, after pleading guilty to aiding and abetting the distribution of 50 grams or more of methamphetamine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Parkersburg Drug and Violent Crime Task Force.

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorneys Jeremy B. Wolfe, Joshua Hanks, and Negar M. Kordestani are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-196.

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HUNTINGTON, W.Va. – Michael Allen Kenney, 54, of Hamlin, was sentenced today to six years and eight months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

A federal jury convicted Kenney on November 6, 2024, following a two-day trial. Evidence at trial proved that on May 17, 2023, Putnam County Sheriff’s deputies responded to a 911 call at a video poker parlor in Poca and encountered Kenney. An officer saw Kenney reach into his waistband and retrieve a Ruger Model EC9s 9mm pistol, which was loaded and had a round in the chamber. Officers seized the firearm and arrested Kenney.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kenney knew he was prohibited from possessing a firearm because of his prior felony convictions, including convictions for possession of a stolen vehicle in Kanawha County Circuit Court on October 27, 2017, being a prohibited person in possession of a firearm in Mason County Circuit Court on August 5, 2014, and fleeing with reckless indifference in Putnam County Circuit Court on February 11, 2014.

After arresting Kenney, officers obtained a search warrant for the vehicle in which he arrived at the video poker parlor. Officers found a 9mm bullet in the vehicle and a magnetic lockbox hidden near the gearshift that contained a quantity of methamphetamine packaged for distribution. During a recorded jail call with the vehicle’s owner three days after his arrest, Kenney indicated that the lockbox belonged to him after the individual told Kenney that the box had been found and seized during the search of the vehicle.

The West Virginia State Police Forensic Laboratory determined the firearm seized from Kenney was fired during an April 26, 2023, incident in Poca. During that incident, the same vehicle searched by officers after Kenney’s arrest stopped outside a residence. After arguing with the resident’s owner, a male in the vehicle fired four to six rounds at the owner.  

Kenney has a long criminal history that also includes more than 20 other prior convictions since age 18 including for domestic battery, breaking and entering, DUI, driving on a suspended or revoked license, and controlled substance offenses.

“Mr. Kenney has spent much of his adult life unlawfully endangering the public, as reflected by his extensive criminal record and by repeatedly and illegally possessing firearms,” said Acting United States Attorney Lisa G. Johnston. “I commend the Putnam County Sheriff’s Office and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) for their investigative work in this case, and the trial team led by Assistant United States Attorneys Lesley C. Shamblin and Stephanie Taylor for prosecuting this case and securing his conviction.”

United States District Judge Robert C. Chambers imposed the sentence.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-40.

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HUNTINGTON, W.Va. – Jason Lorel Minter, 43, of Charleston, pleaded guilty today to possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and 40 grams or more of a mixture and substance containing fentanyl.

According to court documents and statements made in court, on September 10, 2024, law enforcement officers executed a search warrant at Minter’s residence and seized 126.8 grams of fentanyl, 312.7 grams of methamphetamine, 490 grams of marijuana, a loaded Taurus model G3 9mm pistol, a loaded Smith & Wesson M&P .40-caliber pistol, and $1,522. Minter admitted to possessing the seized controlled substances.

Minter is scheduled to be sentenced on June 23, 2025, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT), which is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-196.

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CHARLESTON, W.Va. – Clarence Montana Walls, 39, of Huntington, was sentenced today to four years in prison, to be followed by three years of supervised release, for distribution of methamphetamine.

According to court documents and statements made in court, Walls sold quantities of methamphetamine at a Richwood residence on five occasions between October 11 and October 26, 2023, each time to a confidential informant. Walls also sold a quantify of fentanyl to a confidential informant in Clay County on May 9, 2023. With his guilty plea, Walls admitted to the October 11, 2023, methamphetamine transaction in Richwood.

On October 31, 2023, law enforcement officers executed a search warrant at the Richwood residence, where Walls had been living, and seized $650 in prerecorded money from the controlled drug buys in addition to $3,625 and a small quantity of controlled substances.  

Walls has a long criminal history that includes prior convictions for second-degree criminal sexual conduct, domestic violence, providing false information to officers, and multiple controlled substance offenses. The Court also concluded that Walls obstructed justice following his arrest in the case, when he made recorded jail phone calls to an individual in an attempt to influence the individual’s grand jury testimony against him.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Central Regional Drug and Violent Crime Task Force.

United States District Judge Thomas E. Johnston presided imposed the sentence. Assistant United States Attorneys Andrew D. Isabell and Alexander A. Redmon prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-77.

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CHARLESTON, W.Va. – Edward Keith Perkins, 31, of Detroit, Michigan, was sentenced today to 15 years in prison, to be followed by three years of supervised release, for attempted possession with intent to distribute methamphetamine.

According to court documents and statements made in court, on August 19, 2024, Perkins shipped a box containing approximately 4.43 kilograms of methamphetamine from California to a Virginia Street address on the West Side of Charleston, West Virginia. On August 22, 2024, Perkins drove to the Virginia Street address. Law enforcement approached the vehicle Perkins was driving after a passenger in the vehicle retrieved the package from the porch of the residence and placed it in the vehicle’s trunk. Perkins fled the vehicle when the officers approached but was later apprehended. Perkins admitted that the package contained approximately 50 grams of fentanyl in addition to the 4.43 kilograms of methamphetamine.

Perkins has a long criminal history that includes prior convictions for assault, carjacking and carrying a concealed weapon.

“The investigation in this case revealed that the defendant distributed nearly 20 pounds of methamphetamine and over 100 grams of fentanyl that he shipped from California to West Virginia and Tennessee,” said Acting United States Attorney Lisa G. Johnston. “Today’s sentence is the result of this office’s commitment to work closely with our law enforcement partners and prosecute these cases to the fullest extent to keep our communities safe.”

Johnston made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the Metropolitan Drug Enforcement Network Team (MDENT). MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorneys JC MacCallum and Alexander A. Redmon prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-158.

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A West Virginia man pleaded guilty today to one count of willful failure to pay over employment taxes on behalf of his business.

According to court documents and statements made in court, Dean E. Dawson operated RPC Group LLC, a Hurricane, West Virginia, real estate appraisal business. Dawson was responsible for withholding employment taxes from RPC Group’s employees and paying over those funds to the IRS. Between 2015 and 2022, however, Dawson willfully failed to pay over to the IRS the employment taxes withheld from his employees’ paychecks. He also used the RPC Group’s business accounts to pay for personal expenses, including personal credit cards and his wife’s home mortgage, and issued checks to his wife from RPC Group even though she was not an employee of the business. In addition, from 2018 to 2023, Dawson did not file personal tax returns or pay income taxes. In total, Dawson caused a tax loss to the IRS exceeding $250,000.

Dawson is scheduled to be sentenced on June 23. He faces a maximum penalty of five years in prison as well as a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Brian E. Flanagan and Rebecca A. Caruso of the Tax Division and Assistant U.S. Attorney Jonathan T. Storage for the Southern District of West Virginia are prosecuting the case.

HUNTINGTON, W.Va. – Dean E. Dawson, 65, of Hurricane, pleaded guilty today to one count of willful failure to pay over employment taxes on behalf of his business.

According to court documents and statements made in court, Dawson operated RPC Group LLC, a Hurricane, West Virginia, real estate appraisal business. Dawson was responsible for withholding employment taxes from RPC Group’s employees and paying over those funds to the IRS. Between 2015 and 2022, however, Dawson willfully failed to pay over to the IRS the employment taxes withheld from his employees’ paychecks. He also used the RPC Group’s business accounts to pay for personal expenses, including personal credit cards and his wife’s home mortgage, and issued checks to his wife from RPC Group even though she was not an employee of the business. In addition, from 2018 to 2023, Dawson did not file personal tax returns or pay income taxes. In total, Dawson caused a tax loss to the IRS exceeding $250,000.

Dawson is scheduled to be sentenced on June 23, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine. Dawson also owes restitution in an amount to be determined by the Court.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

The Internal Revenue Service-Criminal Investigations (IRS-CI) is investigating the case.

United States District Judge Robert C. Chambers presided over the hearing. Trial Attorneys Brian E. Flanagan and Rebecca A. Caruso of the Tax Division and Assistant U.S. Attorney Jonathan T. Storage for the Southern District of West Virginia are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-120.

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CHARLESTON, W.Va. – Emariel Kanay Tyler, 20, of Akron, Ohio, was sentenced today to one year and six months in prison, to be followed by one year of supervised release, for use of a communication facility to facilitate a drug trafficking offense.

According to court documents and statements made in court, on March 29, 2023, Tyler traveled by rideshare from a Charleston apartment to a residence in Wyoming County with quantities of methamphetamine and fentanyl. Tyler admitted that she used her cell phone to arrange the sale of the fentanyl to someone at the residence, discussing the meeting location and the prices to be charged for the fentanyl. Tyler exchanged the fentanyl for payment at the meeting location, but further admitted that she returned to Charleston with both the money and the fentanyl.

The rideshare dropped Tyler off at the Charleston apartment upon their return from Wyoming County. Tyler found that law enforcement officers were executing a search warrant at the apartment, where her boyfriend, Terric Zaire Williams, was staying. Officers saw the outline of a firearm in Tyler’s pants and a large amount of cash and a baggie of suspected drugs hanging out of the pockets of her jacket. Officers arrested Tyler.

Officers also seized three-quarters of a pound of methamphetamine from a dining room trash can and a living room closet during the search of the apartment. Williams, 25, of Akron, Ohio, was sentenced on February 27, 2025, to six years in prison, to be followed by three years of supervised release, after pleading guilty to possession with intent to distribute 50 grams or more of a substance containing methamphetamine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Charleston Police Department.

Senior United States District Judge John T. Copenhaver Jr. imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-186.

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CHARLESTON, W.Va. – Leonard Samiia, 32, of Wapakoneta, Ohio, was sentenced today to 15 years in prison, to be followed by 15 years of supervised release, for production of child pornography. Samiia must register as a sex offender.

According to court documents and statements made in court, on or about February 20, 2023, Samiia employed, used, persuaded, induced, and enticed a minor victim residing within the Southern District of West Virginia to send images of her nude vagina to him through the internet using an instant messaging service. Samiia also sent the images back to the minor victim using the messaging service.

Samiia admitted that he sent a series of messages to the minor victim, directing her to make specific poses and take specific actions for these images. Samiia further admitted that he threatened the minor victim with the images she sent him, including by messaging her “(h)ave fun with these pics being posted now,” “being posted all over Facebook google snapchat twitch and everywhere,” and “THEY WILL BE POSTED ON YOUR SCHOOL WEBSITE TOO.” In one message, Samiia threatened to travel to where the minor victim lived and physically harm her and her family.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the West Virginia State Police and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorneys Jennifer Rada Herrald and Holly Wilson prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-18.

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CHARLESTON, W.Va. – Christopher J. Smyth, 49, of Pineville, was sentenced yesterday, March 3, 2025, to three years in prison, to be followed by three years of supervised release, and ordered to pay $4,616,704.76 in restitution for not paying the taxes withheld from employees’ wages at an ambulance service he operated and obstructing the IRS’ efforts to collect those taxes.

According to court documents and evidence presented in court, from 2012 through part of 2017, Smyth operated Stat EMS LLC, an ambulance service located in Pineville. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.

At Stat EMS, Smyth was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying them to the IRS.  For years, however, Smyth did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.

Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those assessments from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

“The jury found that Mr. Smyth failed to pay more than $4.6 million withheld from his employees’ wages and obstructed efforts to recover those withholdings,” said Acting United States Attorney Lisa G. Johnston. “Ambulance services are critical to our communities, and Mr. Smyth repeatedly chose to jeopardize his by engaging in a 15-year scheme that was immense in its scope and scale. The sentence in this case serves to deter others who seek to break the law at the expense of the American taxpayer.”

The Internal Revenue Service-Criminal Investigations (IRS-CI) investigated the case.

Assistant Chief David Zisserson and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes for the Southern District of West Virginia, prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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CHARLESTON, W.Va. – Silvester Barcenas, 23, a Mexican national, pleaded guilty today to conspiracy to distribute a quantity of methamphetamine.

According to court documents and statements made in court, on August 12, 2024, Barcenas arrived in Charleston, West Virginia, with approximately 3.9 kilograms of methamphetamine in a vehicle he had driven from South Carolina, where he was living at the time. Barcenas admitted that he possessed the methamphetamine, that a co-conspirator directed him to deliver the methamphetamine to another individual in Charleston, and that he delivered the methamphetamine to the individual as instructed.

Barcenas is scheduled to be sentenced on June 30, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Barcenas and two other Mexican nationals were indicted by a federal grand jury as the result of a joint investigation by federal and local law enforcement into a conspiracy that was responsible for delivering large quantities of methamphetamine to West Virginia and elsewhere from Houston. The indictment against co-defendants German Francisco Diaz, also known as “Trulio,” 40, Braulio Villa-Chairez, also known as “Raul,” 31, remains pending. The indictment alleges the three Mexican nationals conspired to distribute quantities of methamphetamine in the Charleston area from in or about March 2024 to in or about October 2024. Trial is scheduled for April 15, 2025. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Israel Chaires-Villa, 22, a Mexican national, pleaded guilty on February 13, 2025, to possession with intent to distribute a quantity of methamphetamine as a result of the joint investigation and is scheduled to be sentenced on June 2, 2025.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the U.S. Postal Inspection Service and the Metropolitan Drug Enforcement Network Team (MDENT), which is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-176.

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CHARLESTON, W.Va. – Jonathan Fitzpatrick, 33, of Pratt, was sentenced today to 16 years and two months in prison, to be followed by five years of supervised release, for distribution of 500 grams or more of a mixture and substance containing methamphetamine.

According to court documents and statements made in court, on June 3, 2024, Fitzpatrick sold approximately 10 pounds of methamphetamine to a confidential informant in the Kanawha City area of Charleston. Fitzpatrick admitted to the transaction and further admitted to distributing a total of approximately 90 pounds of a substance that contained methamphetamine to the confidential informant from approximately December 2022 to in or about April 2024.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the U.S. Route 119 Drug Task Force, which consists of members of the Mingo County Sheriff's Office, the Logan County Sheriff's Office, the Boone County Sheriff's Office, and the West Virginia State Police.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Samuel D. Marsh prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-112.

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CHARLESTON, W.Va. – Marcas Cory Anglin, 30, of Tampa, Florida, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on October 2, 2020, law enforcement officers attempted a traffic stop of a vehicle driven by Anglin in the Pool area of Nicholas County. Anglin fled from officers in his vehicle and later on foot before engaging in a standoff with officers while armed with a loaded Glock model 27 .40-caliber pistol. Officers arrested Anglin and seized the firearm.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Anglin knew he was prohibited from possessing a firearm because of his prior felony conviction for armed burglary of a dwelling in Hillsborough County, Florida, Circuit Court on June 19, 2014.

Anglin is scheduled to be sentenced on July 8, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the West Virginia State Police.

Senior United States District Judge David A Faber presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-153.

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BECKLEY, W.Va. – Nicholas D. Plumb, 25, of Oak Hill, pleaded guilty today to possession with intent to distribute 5 grams or more of methamphetamine and a quantity of fentanyl.

According to court documents and statements made in court, on August 23, 2023, law enforcement officers apprehended Plumb at an apartment in Prosperity and found 45 grams of fentanyl, 144 grams of methamphetamine and a Glock model 43X 9mm handgun in Plumb’s possession. Plumb admitted that he possessed the controlled substances and intended to distribute them.

On July 31, 2024, officers arrested Plumb and searched his residence. Plumb admitted that he possessed 557 grams of methamphetamine found by officers during the search and that he intended to distribute the controlled substance.

Plumb is scheduled to be sentenced on July 25, 2025, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Raleigh County Sheriff's Office.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-109.

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BLUEFIELD, W.Va. – Joshua Sneed, 35, of Bluefield, Virginia, pleaded guilty today to possession of stolen money.

According to court documents and statements made in court, on March 15, 2024, Sneed was employed as a title clerk for an automotive sales and service business in Bluefield, West Virginia, when a customer purchased a 2008 Bentley Continental for $37,761. The cash was deposited in the business’s safe. On March 27, 2024, Sneed used his access to the business’ computer system to change the transaction from a cash purchase to a credit card purchase. Sneed admitted that he changed the purchase details to conceal the fact that he did not deposit the $37,761 into the business’s bank account. Sneed further admitted that he took the $37,761 in cash from the business to his residence in Bluefield, Virginia.

On March 27, 2024, Sneed prepared a bank deposit slip for the business for $60,100 and prepared a second deposit slip on April 9, 2024, for $60,222.10. Sneed admitted that he never made either deposit with the bank. Sneed further admitted that he prepared the deposit slips to conceal his theft of money from the business over several months.

On April 9, 2024, Sneed attempted to change the record of the Bentley Continental sale back to a cash purchase from a credit card purchase in the business’s computer system. Sneed found the computer system did not allow him to edit transaction histories for March 2024. On April 15, 2024, Sneed was fired from his position.

Sneed is scheduled to be sentenced on July 7, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine. Sneed also owes at least $120,322.10 in restitution.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the West Virginia State Police – Bureau of Criminal Investigation (BCI).

Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:25-cr-14.

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CHARLESTON, W.Va. – David Eric West II, 43, of Parkersburg, was sentenced today to seven years and eight months in prison, to be followed by three years of supervised release, for possession with intent to deliver quantities of methamphetamine and fentanyl.

According to court documents and statements made in court, on April 8, 2024, law enforcement officers conducted a traffic stop of a vehicle driven by West near Parkersburg. Officers found quantities of methamphetamine and fentanyl in the vehicle and a Taurus G3C 9mm pistol on West’s person. West admitted that he possessed the controlled substances and intended to distribute them in and around the Southern District of West Virginia.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department.

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney JC MacCallum prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-135.

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CHARLESTON, W.Va. – Michael P. Barker, 68, and Lana Barker, 66, both of Foster, pleaded guilty today to structuring transactions with one or more domestic financial institutions.

According to court documents and statements made in court, starting on or about November 7, 2023, through on or about November 28, 2023, the Barkers made or caused to be made 11 cash deposits to their bank accounts in amounts ranging from $8,000 to $9,500 and totaling $97,215. The Barkers admitted that these transactions were specifically designed to avoid currency reporting requirements. Financial institutions are required to report cash deposits of more than $10,000, and federal law prohibits structuring multiple cash deposits to avoid this reporting requirement.

The Barkers furthered admitted that they used the $97,215, a $30,000 bank loan, and $50,000 provided by their son, former Boone County Schools Maintenance Director Michael David Barker, to purchase property in Foster.

Michael P. Barker is scheduled to be sentenced on June 23, 2025, and Lana Barker is scheduled to be sentenced on July 1, 2025. Each faces a maximum penalty of five years in prison, up to three years of supervised release, a fine of up to $250,000, and a forfeiture money judgment.

Today’s guilty pleas result from an investigation that led to the indictment of Michael David Barker, 47, of Foster, by a federal grand jury on December 10, 2024. The 18-count indictment alleges that Michael David Barker entered into a scheme to defraud the Boone County Board of Education out of approximately $3,400,000 while serving as maintenance director. The charges against Michael David Barker are pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Jesse Marks, 65, of Rush, Kentucky, pleaded guilty on February 27, 2025, to conspiracy to commit mail fraud. Marks was the sole owner and operator of Rush Enterprises when Michael David Barker contacted him in November 2019 about Rush Enterprises selling custodial and janitorial supplies to Boone County Schools. Marks admitted that he and Barker entered into the overbilling scheme at that time. Marks is scheduled to be sentenced on June 16, 2025.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the U.S. Department of Education, Office of Inspector General, the Internal Revenue Service-Criminal Investigations (IRS-CI), the West Virginia State Police and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU), and the assistance provided by the West Virginia Department of Education.

United States District Judge Thomas E. Johnston presided over the hearings. Assistant United States Attorney Gabriel Price is prosecuting the cases.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:25-cr-4 (Michael P. Barker) and 2:25-cr-5 (Lana Barker).

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BLUEFIELD, W.Va. – Travis Lee Harry, 40, of Kernersville, North Carolina, pleaded guilty today to making false statements under oath in a bankruptcy case.

According to court documents and statements made in court, Harry had owned and lived in a house in Princeton, West Virginia, which he sold on December 23, 2019. On February 5, 2020, Harry filed for Chapter 7 bankruptcy in United States Bankruptcy Court for the Southern District of West Virginia. On the Statement of Financial Affairs he submitted as part of the bankruptcy filing, and which he signed under penalty of perjury, Harry falsely stated that he and his spouse co-owned the house and sold it together. At a March 6, 2020, meeting of creditors as part of the bankruptcy proceeding, Harry falsely testified under oath that he had co-owned the house with his spouse. Harry admitted as part of his guilty plea that he solely owned the house, and that his spouse was never a co-owner. Harry further admitted that he falsely indicated during the creditors’ meeting that all of the proceeds from selling the house went to pay taxes.

Harry is scheduled to be sentenced on July 7, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI). The United States Trustee’s Charleston field office, which serves West Virginia, made the criminal referral of this case to the U.S. Attorney’s Office. The United States Trustee Program is a component of the Department of Justice whose mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public.

Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:24-cr-143.

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CHARLESTON, W.Va. – Lisa G. Johnston has been named the Acting United States Attorney for the Southern District of West Virginia. As Acting United States Attorney, Johnston is the chief federal law enforcement officer for the Southern District of West Virginia, which covers 23 counties, and oversees all federal criminal prosecutions as well as the litigation of all civil matters in which the United States has an interest.

“I am honored to serve as Acting United States Attorney and pledge to continue to fulfill the vital mission of the Department of Justice,” Johnston said. “On behalf of this office and its dedicated attorneys and staff, I look forward to working closely and collaboratively with our law enforcement partners to protect the public, enforce the law fairly and consistently, and promote respect for the legal system and the rule of law.”

Johnston previously served as the Acting United States Attorney for the Southern District of West Virginia from February 2021 to October 2021. She joined the U.S. Attorney’s Office in the Southern District of West Virginia in August 2006. Since January 2018, Johnston has served as First Assistant United States Attorney, the second most-senior official in the United States Attorney’s Office tasked with overseeing the operations of the criminal, civil and administrative sections of the United States Attorney’s Office.

Johnston began her 37-year career in the Northern District of West Virginia, where she served as a Special Assistant United States Attorney and then as an Assistant United States Attorney. In October 2001, Johnston accepted a detail with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Chief Counsel’s Office where she served as a legal advisor to ATF employees in the Louisville Field Division. In August 2005, Johnston accepted a detail with the United States Attorney’s Office for the Southern District of New York, where she handled immigration appeals.

Throughout her extensive career as an Assistant United States Attorney, Johnston has handled investigations and prosecutions of federal criminal laws involving crimes against children, firearms, violence, drug trafficking, health care fraud, immigration, and other white-collar offenses.

As Acting United States Attorney, Johnston oversees a staff of 34 attorneys and 41 non-attorney personnel located in offices in Charleston, Huntington, and Beckley.

A native of Moundsville, West Virginia, Johnston earned a Juris Doctor degree from the West Virginia University College of Law in 1988. She graduated Cum Laude from West Virginia University with a Bachelor of Science degree in Journalism in 1984.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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BECKLEY, W.Va. – Grover D. Jordan, 57, of Charmco, was sentenced today to three years and one month in prison, to be followed by three years of supervised release, for being a felon in in possession of a firearm.

According to court documents and statements made in court, on January 18, 2023, law enforcement conducted a traffic stop of a vehicle driven by Jordan in Fayetteville. Jordan admitted that he possessed three firearms discovered during the traffic stop: a Taurus model PT1911 .45-caliber pistol, an Armi Galesi model 9 6.35mm pistol, and a Beretta model 3032 Tom Cat .32-caliber pistol with a removed, altered or obliterated serial number.

Jordan also admitted that he possessed a Smith & Wesson .38-caliber revolver discovered during an August 20, 2023 traffic stop by law enforcement of a motorcycle he was operating in Charmco. Jordan further admitted that he possessed a Dupont electric generator, which is explosive material under federal law, discovered during the traffic stop.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Jordan knew he was prohibited from possessing a firearm because of his prior felony convictions for two counts of wanton endangerment in Raleigh County Circuit Court on March 15, 2019.

Jordan has a long criminal history that also includes numerous other convictions for such offenses as grand larceny, domestic battery, DUI, and possession of controlled substances.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Fayetteville Police Department, the Greenbrier County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Brian D. Parsons and Justin Marlowe prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-29.

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BECKLEY, W.Va. – Jermaine Antoine Johnson, 34, of Beckley, pleaded guilty today to conspiracy to distribute methamphetamine and fentanyl. Johnson admitted to his role in a drug trafficking organization (DTO) that distributed methamphetamine and fentanyl as well as cocaine base, also known as “crack,” in Beckley and elsewhere within the Southern District of West Virginia.

According to court documents and statements made in court, Johnson participated in the DTO conspiracy in April and May 2024. Johnson admitted to supplying others with controlled substances that they distributed. Johnson further admitted that he spoke to co-conspirators about obtaining and distributing fentanyl during May 2024 phone calls that were intercepted by law enforcement.

During a May 15, 2024, phone call, Johnson told a co-conspirator about a supplier prepared to sell controlled substances to them, and the two discussed providing $6,000 to this supplier for drugs they planned to distribute in and around the Southern District of West Virginia. Johnson admitted that he was picked up by the co-conspirator on May 20, 2024, and the two traveled to Baltimore, Maryland, where they purchased approximately $6,000 worth of fentanyl. Johnson further admitted that he and his co-conspirator returned to West Virginia the next day and discussed increasing the volume of the purchased fentanyl by adding such cutting agents as sugar and brown sugar.

Johnson is scheduled to be sentenced on July 3, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.

Johnson is among 12 individuals indicted on charges alleging the defendants conspired to distribute methamphetamine, fentanyl, and cocaine base within the Southern District of West Virginia from in or about June 2023 to in or about May 2024. All 12 have pleaded guilty, including two defendants who pleaded guilty to separate charges in lieu of the offenses alleged in the indictment.

“Today’s guilty plea marks a major milestone in this case, which has disrupted a significant drug trafficking operation in the Beckley area,” said Acting United States Attorney Lisa G. Johnston. “The fact that all 12 defendants have pleaded guilty is also a testament to the teamwork of our law enforcement partners and this office and to our shared dedication to protecting our communities.”

Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

United States Magistrate Judge Omar J. Aboulhosn presided over today’s hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-90.

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BECKLEY, W.Va. – Leondus Whittenburg, 42, of Beckley, pleaded guilty today to distribution of 5 grams or more of methamphetamine.

According to court documents and statements made in court, on December 6, 2023, Whittenburg sold 320 grams of methamphetamine to a confidential informant in the parking lot of a Beckley business near Eisenhower Drive.

Whittenburg is scheduled to be sentenced on July 3, 2025, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.

Co-defendant John Gray, 39, of Oak Hill, pleaded guilty on September 24, 2024, to distribution of a quantity of methamphetamine and awaits sentencing.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the West Virginia State Police – Bureau of Criminal Investigation (BCI), and the Central Regional Drug and Violent Crime Task Force.

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorneys Andrew D. Isabell and Brian D. Parsons are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-31.

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CHARLESTON, W.Va. – Terric Zaire Williams, 25, of Akron, Ohio, was sentenced today to six years in prison, to be followed by three years of supervised release, for possession with intent to distribute 50 grams or more of a substance containing methamphetamine.

According to court documents and statements made in court, on March 29, 2023, law enforcement officers executed a search warrant at a Charleston apartment where Williams was staying. Officers seized three-quarters of a pound of methamphetamine from a dining room trash can and a living room closet during the search. Williams admitted to possessing the seized methamphetamine and intending to distribute it.

While executing the search warrant, officers encountered and arrested Williams’ girlfriend, Emariel Kanay Tyler, after they saw the outline of a firearm in her pants and a large amount of cash and a baggie of suspected drugs hanging out of the pockets of her jacket. Tyler, 20, of Akron, Ohio, pleaded guilty on  November 18, 2024, to use of a communication facility to facilitate a drug trafficking offense and is scheduled to be sentenced on March 5, 2025.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Charleston Police Department.

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-67.

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CHARLESTON, W.Va. – Jesse Marks, 65, of Rush, Kentucky, pleaded guilty today to conspiracy to commit mail fraud. Marks admitted to conspiring with Michael David Barker to overbill the Boone County Schools system while Barker was its maintenance director.

According to court documents and statements made in court, Marks was the sole owner and operator of Rush Enterprises when Barker contacted him in November 2019 about Rush Enterprises selling custodial and janitorial supplies to Boone County Schools. Marks agreed and began supplying Boone County Schools with supplies including hand soap, trash can liners, facemasks, face shields, and hand sanitizer.

Marks admitted that he and Barker entered into the overbilling scheme in November 2019. Barker submitted invoices to Boone County Schools on behalf of Rush Enterprises that significantly inflated the number of products that it was delivering. Boone County Schools relied on the fraudulent invoices and mailed checks to Rush Enterprises using the United States Postal Service.

As part of the agreement with Barker, Marks deposited the checks from Boone County Schools into the business bank account for Rush Enterprises, wrote himself checks on that account that he cashed at various banks, and personally delivered some of that cash to Barker in manila envelopes. Marks admitted that he and Barker initially agreed to evenly split the proceeds of the overbilling scheme after deducting the cost of the products actually delivered to Boone County Schools. Marks further admitted that their agreement changed in October 2020, when Barker began receiving 55 percent of the fraudulent profits.

Marks estimated that approximately 80 percent of the total payments received by Rush enterprises from Boone County Schools, or $3,448,571.85 out of $4,310,714.82, was for products never delivered.

Marks is scheduled to be sentenced on June 16, 2025, and faces a maximum penalty of 20 years in prison, up to three years of supervised release, and a $250,000 fine. Marks also owes restitution in an amount to be determined by the Court.

A federal grand jury returned an 18-count indictment on December 11, 2024, charging Barker, 47, of Foster, with mail fraud, conspiracy to commit mail fraud, theft concerning programs receiving federal funds, and money laundering. Barker’s trial is scheduled for April 15, 2025. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the U.S. Department of Education, Office of Inspector General, the Internal Revenue Service-Criminal Investigations (IRS-CI), the West Virginia State Police, and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU), and the assistance provided by the West Virginia Department of Education.

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Gabriel Price is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:25-cr-6.

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CHARLESTON, W.Va. – Wendy Ann Thomas, 47, of Charleston, pleaded guilty today to aiding and abetting money laundering. Thomas admitted that $20,833 in proceeds from a criminally derived Paycheck Protection Plan (PPP) loan, guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), was deposited into her personal checking account.

According to court documents and statements made in court, the $20,833 was deposited into Thomas’ personal checking account on June 22, 2021. Thomas admitted that she allowed another individual to direct the PPP loan proceeds to her account, that she knew the deposited PPP loan proceeds were criminally derived, and that the PPP loan was issued in the name of an individual Thomas does not know. Thomas further admitted that she withdrew $17,000 from her personal checking account on June 23, 2021, and knew the cash withdrawal represented most of the criminally derived PPP loan proceeds.

Thomas is scheduled to be sentenced on June 12, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine. Thomas also owes $20,833 in restitution.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the Kanawha County Sheriff’s Office.

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the case.

Individuals with information about allegations of fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721, or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-172.

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CHARLESTON, W.Va. – Jason Allen Rhule, 44, of Charleston, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on July 24, 2024, Rhule was on parole for prior felony convictions when parole officers conducted a search of his residence as a condition of his supervision and found a Taurus model PT-140 Millenium G2 .40-caliber pistol and a Palmetto State Armory model PA-15 multi-caliber rifle in his bedroom.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Rhule knew he was prohibited from possessing a firearm as a result of his prior felony convictions for attempted manufacture of a controlled substance in Putnam County Circuit Court on October 3, 2022, and attempted grand larceny in Kanawha County Circuit Court on July 31, 2023.

Rhule is scheduled to be sentenced on June 18, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of West Virginia Parole Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Lesley C. Shamblin is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-157.

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CHARLESTON, W.Va. – Edgar Warren Willis Jr., 39, of Charleston, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on February 27, 2024, law enforcement officers executed a search warrant at a Red Oak Street residence in Charleston where Willis was staying. Officers found a backpack in a bedroom containing a Lorcin Engineering Model L380 .380-caliber pistol during the search. Willis admitted to possessing the seized firearm.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Willis knew he was prohibited from possessing a firearm because of his prior felony convictions for possession with intent to deliver a controlled substance, to-wit heroin, on January 21, 2022, and for wanton endangerment and conspiracy to possess with intent to deliver a controlled substance, to-wit heroin, on August 10, 2015, all in Kanawha County Circuit Court.

Willis is scheduled to be sentenced on June 12, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department-Street Crimes Unit.

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Samuel D. Marsh is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-89.

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CHARLESTON, W.Va. – Kalee Ann Huff, 27, of Fairbury, Illinois, pleaded guilty today to marriage fraud and perjury.

According to court documents and statements made in court, on September 3, 2021, Huff married a foreign national in Greenbrier County, West Virginia. Huff admitted that she agreed to marry the foreign national in exchange for $10,000, as part of a plan to keep him in the United States as his immigration visa was about to expire. Huff further admitted that she and the foreign national planned to divorce once he obtained lawful permanent resident status, commonly known as a Green Card.

Huff also admitted that she was pressured to enter the fake marriage scheme by two members of her family with whom she was living in Greenbrier County, because the family needed money to pay for household expenses. One of the two family members, brother-in-law Joseph Sanchez, pleaded guilty on January 29, 2025, to participating in an immigration marriage fraud conspiracy. Sanchez admitted to helping to arrange the fake marriage, with the understanding that half of the $10,000 would be paid upon the marriage being final and the other $5,000 would be paid once the foreign national received his Green Card. Huff admitted that only $5,000 of the promised amount was ever paid and that she never directly received or spent the money.

On October 17, 2021, Huff signed a United States Citizenship and Immigration Services (USCIS) Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA). Huff listed her address as an apartment in White Sulphur Springs. Huff admitted that address was the foreign national’s and that she never lived there, and that he caused to be filed a falsified lease agreement with immigration officials listing her as a co-tenant of the apartment.  

On March 8, 2023, Sanchez drove Huff and the foreign national to Pittsburgh, Pennsylvania. The purpose of the trip was for Huff and the foreign national to attend an interview with U.S. immigration officials and trick those officials into believing the marriage was entered into in good faith and that the relationship between Huff and the foreign national was genuine. The scheme was unsuccessful, and the foreign national’s application was denied. Huff admitted that the foreign national coached her on how to lie about their relationship and marriage in advance of the interview.

On August 8, 2023, immigration officers confronted Huff about the fake marriage scheme, and she signed a statement admitting that she knowingly entered into the marriage for the purpose of evading U.S. immigration laws. Huff also told the officers that the foreign national had threatened her by stating she would go to prison if she did not continue helping him obtain a Green Card.

On December 10, 2024, Huff appeared before a federal grand jury in Charleston, pursuant to a subpoena and a cooperation provision in the marriage fraud case against her. Huff admitted that she committed perjury during her grand jury testimony when she answered questions falsely about material facts relating to the government’s investigation.

Huff is scheduled to be sentenced on June 12, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.

Sanchez, 33, of Fairbury, Illinois,is scheduled to be sentenced on May 30, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), and U.S. Citizenship and Immigration Services (USCIS).

United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting the cases.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 5:25-cr-20 and 2:25-cr-23.

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CHARLESTON, W.Va. – Will Thompson announced today that he has concluded his tenure as the United States Attorney for the Southern District of West Virginia, effective immediately.

“Serving as the United States Attorney has genuinely been a career highlight,” Thompson said. “Thinking that a boy who grew up in Boone County, West Virginia, would be able to serve his country in such a prestigious and vital role leaves me in awe. I am proud of the office’s work under my leadership and that my team has strengthened its relationship and reputation with our federal, state, and local law enforcement partners, as well as with the judiciary and general public.”

Thompson was nominated by President Joseph R. Biden, Jr., on August 10, 2021. The United States Senate confirmed Thompson by voice vote on October 5, 2021. After taking his oath of office on October 13, 2021, Thompson led an office of 34 attorneys and 41 non-attorney personnel located in offices in Charleston, Huntington, and Beckley.

Thompson appreciates the role that former Senator Joe Manchin played in securing his nomination from President Biden, and the role that Manchin and Senator Shelley Moore Capito played in getting him confirmed by the United States Senate. Thompson also appreciates the relationships he built and strengthened with state officials and the district’s state prosecutors, sheriffs, and chiefs of police.

Thompson commends the Assistant United States Attorneys and support personnel who served with him. He appreciates the career people who there when he entered the office and the employees he hired during his tenure.

“The people of this office are the true backbone of federal prosecution and representation in this district,” Thompson said. “They all serve with dignity and respect for the rule of law.  They are vital to the mission of the Department of Justice, which is to keep our communities safe.”

Thompson is most proud of three accomplishments while he was in office. The first is the significant decline in overdose deaths. He attributes that to his office’s change of strategy from targeting street-level drug dealers to mid- and upper-level drug distributors. This strategy has removed hundreds of pounds of this poison from communities throughout the district. His office has disrupted supply chains of fentanyl that were coming directly into the district from China and methamphetamine that was coming directly from the cartels in Mexico. As part of his plan to lower the overdose rates, Thompson also championed prevention and treatment opportunities across the district.

Thompson is also proud of his work in reducing violent crime and overall crime in the district. Thompson attributes this reduction to several factors. He improved communications and relationships with the office’s law enforcement partners. Thompson also worked with state and local partners to obtain federal grants to give them more resources to their jobs more. Finally, given that the majority of crimes in West Virginia are connected to the drug trade, the office’s revised strategy has helped reduce the crime rate.

The third accomplishment that Thompson is proud of is using his skills as a former trial court judge to instigate a vigorous review process of cases to ensure there were no evidentiary issues. Thompson met with law enforcement partners throughout the district and informed them of this new review process. He had his office work more closely with the officers to address the issues, assist with writing search warrants, and help with other search and seizure issues.

As United States Attorney, Thompson was the chief federal law enforcement officer in the southern half of West Virginia. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.

The results of the revised approach to drug cases under Thompson include Operation Smoke and Mirrors, which dismantled a high-volume drug trafficking organization (DTO) that operated in the Charleston area and yielded the largest methamphetamine seizure in West Virginia history.

Following the trail of methamphetamine in West Virginia back to Los Angeles, California, and the U.S. southern border, investigators seized well over 400 pounds of methamphetamine, 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms, and $935,000 in cash. The DTO was directly involved in price fixing in the methamphetamine trade by raising the price of methamphetamine coming into the United States from Mexico based on fluctuations in the currency conversion rate.

Four separate indictments led to the convictions of 31 defendants, including the DTO’s in-state leaders and California-based suppliers. Over 20 defendants have been sentenced to prison, including eight to terms of more than 10 years. Three low-level defendants were referred to the Alternative Treatment Court (ATC). Thompson also supported the ATC program, which provides a blend of treatment that focuses on drug and mental health treatment, and alternative sanctions to effectively address offender behavior, rehabilitation, and education and job skills training.

Thompson also led the prosecution of a Kanawha County man who was sentenced to 14 years in prison for possession with the intent to distribute fentanyl. The defendant set up a workshop in a rented St. Albans apartment were he made fake 30-milligram oxycodone pills. The defendant admitted that the fentanyl came from a source outside the United States and that the pill press came from China. Investigators seized over 10,000 pills and nearly $80,000 in this case.

Thompson’s office also obtained guilty verdicts against a Logan County physician for four counts of distribution of a controlled substance. The defendant had previously pleaded guilty to using a registration number in violation of federal law and engaging in monetary transactions in property derived from specified unlawful activity. His medical license and office are subject to forfeit to the government as a result of the latest convictions.

The office under Thompson also secured convictions against the majority of the defendants in prosecutions that dismantled a Huntington-area DTO responsible for distributing large quantities of methamphetamine and fentanyl and a Beckley-area DTO that distributed methamphetamine, fentanyl, and cocaine base, also known as “crack.”

While having the utmost respect for law enforcement officers, Thompson had zero tolerance for officers who break the law and violate people’s civil rights. In what Thompson considered the most critical civil rights case during his tenure, he personally participated in the investigation and prosecution of eight former West Virginia correctional officers who were charged and convicted in connection with a March 1, 2022, assault that resulted in the death of a Southern Regional Jail inmate and the subsequent cover-up. After four days of trial, the final defendant was found guilty on January 27, 2025.

A former Fayette County law enforcement officer was sentenced to 25 years in prison, to be followed by 10 years of supervised release, and ordered to pay $80,000 in restitution for sex trafficking a 17-year-old minor female and obstructing the resulting investigation. Following four days of trial, a federal jury found the defendant guilty on April 28, 2023, of conspiracy to engage in sex trafficking of a minor via coercion, sex trafficking of a minor via coercion, and two counts of obstruction of justice.

A former Nicholas County deputy sheriff was convicted of the production of child pornography and sentenced to 20 years in prison. The defendant took two videos of the child victim, who was under the age of 12 and was sleeping on a couch. In the first video, he walked toward her and zoomed in on her buttocks.  In the second video, he recorded his exposed penis and him masturbating near the sleeping girl. He then used Snapchat to distribute the videos to multiple users. When Snapchat shut down his account, he created another Snapchat account to distribute child pornography.

A former Logan police officer was sentenced to nine years in prison after a jury convicted him of using excessive force against an arrestee.  At the trial, the jury heard evidence that he assaulted the victim in a bathroom, then dragged him into another room and rammed his head against a door frame, leaving the victim unconscious and lying in a pool of his own blood.

The office successfully prosecuted 18 individuals in connection with a scheme to traffic over 140 firearms from southern West Virginia to Philadelphia, Pennsylvania. Over 50 of the firearms were recovered at crime scenes, primarily in Philadelphia, and were connected to two homicides, crimes of domestic violence, and other violent offenses. The ringleader was sentenced to 25 years in prison, to be followed by three years of supervised release.

The Southern District of West Virginia became a national leader in prosecuting bankruptcy fraud under Thompson’s leadership. Among those cases, a Charleston developer was sentenced to one year and one day in prison, followed by three years of supervised release, and ordered to pay $730,326.43 in restitution for falsifying bankruptcy records. The former chief executive officer of the entity that operated the West Virginia Courtesy Patrol was sentenced to five years of federal probation and ordered to pay $205,802.49 for fraudulent receipt of property from a debtor. A Putnam County man was sentenced to 30 days in prison to be followed by three years of supervised release, including five months on home detention, and ordered to pay $24,662.56 in restitution for knowingly and fraudulently making a false declaration in a bankruptcy case.

The office successfully prosecuted other forms of white-collar crime under Thompson. A Kentucky businessman pleaded guilty on behalf of himself and two limited liability companies for their roles in the January 2018 discharge of oil into the Big Sandy River. The defendants were sentenced to terms of probation and also ordered to pay $1,856,957.92 in restitution. The LLC defendants cannot conduct or operate any business during their five-year terms of corporate probation.

Nine defendants were convicted in connection with multiple internet-based fraud schemes operated in the Huntington area that defrauded hundreds of individuals across the country. The schemes defrauded at least 200 victims, many of whom are elderly, of at least $2.5 million. The final convicted defendant was sentenced to one year and one day in prison, followed by three years of supervised release, ordered to pay $904,126.96 in restitution, and participated in a digital awareness campaign to alert West Virginians to online fraud scams.

The office also secured 20 convictions related to COVID-19 benefits fraud under Thompson, with court-ordered restitution and a civil penalty in these cases exceeding $1,330,000.

Under Thompson’s leadership, the office secured a 15-count indictment charging a Kanawha County man with wire fraud, money laundering, and obstruction. The indictment alleges the defendant conceived and carried out two real estate-related investment fraud schemes that caused losses of between $395,000 and $434,501.42. The defendant’s mother pleaded guilty late last year to aiding and abetting the sale and offer of unregistered securities as a result of the investigation in this case.

The office also secured an 18-count indictment charging the former maintenance director for Boone County Schools with mail fraud, conspiracy to commit mail fraud, theft concerning programs receiving federal funds, and money laundering. The indictment alleges the defendant used his position to defraud the Boone County Board of Education out of approximately $3,400,000. To date, three other individuals have been charged as a result of this investigation.

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

Before taking office as United States Attorney, Thompson was a Circuit Court Judge in West Virginia’s 25th Judicial Circuit. He was appointed to that position in 2007 and re-elected in 2008 and 2016. Thompson presided over several treatment courts, including the first family treatment court in West Virginia. Before becoming a Circuit Court Judge, Thompson practiced law at the Cook and Cook law firm in Boone County.  There, he focused on litigation, which included representing several hundred indigent clients in criminal defense and other matters. Thompson also previously served as President of Madison Healthcare, Inc. and as Vice President of Danville Lumber Company.

Thompson was born in Charleston and raised in Boone County, West Virginia.  He earned a degree in civil engineering from West Virginia University and a law degree from West Virginia University College of Law.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.

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HUNTINGTON, W.Va. – Ampless Ray Lilly, 52, of Huntington, pleaded guilty today to possession of child pornography.

According to court documents and statements made in court, from on or about February 20, 2023, through on or about April 23, 2024, Lilly knowingly received approximately 2,900 images and 1,100 videos containing child pornography on his mobile phone while accessing the internet from his Huntington residence. Lilly admitted that the child pornography he downloaded included depictions of prepubescent minors engaged in sexually explicit conduct and depictions of minor children subjected to sadistic or masochistic conduct or other depictions of violence. Lilly further admitted that he distributed images and videos containing child pornography through the internet.

Lilly is scheduled to be sentenced on June 5, 2025, and faces a mandatory minimum of 10 years and up to 20 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine.

Lilly is a registered sex offender as a result of his guilty plea to first-degree sexual assault in Lincoln County Circuit Court on January 22, 1993. During the time period of the current offense, Lilly began serving a five-year term of probation imposed on November 13, 2023, after he pleaded guilty to being a felon in possession of a firearm in United States District Court for the Southern District of West Virginia on August 14, 2023. A petition to revoke that probation has been filed and is currently pending.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the West Virginia State Police.

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Gabriel Price is prosecuting the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:25-cr-15.

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CHARLESTON, W.Va. – Tres Avery Davis, 36, of Charleston, was sentenced today to 14 years in prison, to be followed by four years of supervised release, for possession with intent to distribute 40 grams or more of a mixture and substance containing fentanyl. Davis admitted to his role in a drug trafficking organization (DTO) that operated in the Charleston area.

According to court documents and statements made in court, on March 7, 2023, Davis delivered approximately 2,000 blue pills containing fentanyl to a Kemp Avenue residence in Charleston. Law enforcement seized the pills at the residence on March 9, 2023. Davis admitted that he intended to distribute at least some of these pills to other people.

Davis is among 31 defendants convicted of federal crimes as a result of Operation Smoke and Mirrors, a major drug trafficking investigation that has yielded the largest methamphetamine seizure in West Virginia history. Law enforcement seized well over 400 pounds of methamphetamine as well as 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms and $935,000 in cash.

Davis dealt directly with a fentanyl supplier and personally acquired fentanyl pills for redistribution as part of his role in the DTO. Davis also recruited a co-conspirator to act as a courier to transport fentanyl pills from Columbus, Ohio, to Charleston, West Virginia.

Davis also distributed methamphetamine as part of his role in the DTO.  He was responsible for 1.5 pounds of methamphetamine that were seized from a location in Charleston, and performed several methamphetamine transactions during the course of the investigation.  Davis admitted that he sold methamphetamine in one-half pound to one pound quantities. 

Davis has a long criminal history that includes more than a dozen prior convictions for such offenses as being a prohibited person in possession of a firearm, distribution of cocaine base, possession of a controlled substance, and domestic battery.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-31.

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BECKLEY, W.Va. – Matthew Harris England, 38, of Meadow Bridge, was sentenced today to one year and eight months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm and possession of an unregistered short-barreled shotgun.

According to court documents and statements made in court, on April 3, 2023, law enforcement responded to reports of a domestic disturbance at England’s residence in Meadow Bridge. When law enforcement entered the residence, they found and seized a Savage model Stevens 94F, 20-gauge shotgun with a modified and shortened barrel and a modified and shortened stock on a chair in the living room. England was arrested, and told officers he knew the firearm was in the residence and that the length of its barrel appeared to be illegal.

The short-barreled shotgun was not registered to England in the National Firearms Registration and Transfer Record as required by federal law. Federal law also prohibits a person with a prior felony conviction from possessing a firearm or ammunition. England knew he was prohibited from possessing a firearm because of his prior felony convictions for aiding and abetting the possession of stolen firearms in United States District Court for the Southern District of West Virginia on May 9, 2014.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Summers County Sheriff’s Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-93.