FEDERAL DISTRICT ARCHIVE
Southern District of West Virginia
Press releases recorded for this federal judicial district.
Beckley Man Pleads Guilty to Role in Drug Trafficking OrganizationRead the Press Release
BECKLEY, W.Va. – Deona’tre Capri Dowell, 30, of Beckley, pleaded guilty today to conspiracy to distribute fentanyl. Dowell admitted to a 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 May 25, 2024, Dowell received an ounce of fentanyl from a co-conspirator at his Beckley residence. Dowell admitted that he requested the fentanyl from the co-conspirator by phone earlier that day and discussed adding a cutting agent to the fentanyl to make more money when it was sold to pay back the co-conspirator. Dowell further admitted that he obtained additional quantities of fentanyl during May 2024 from his supplier on consignment, paying the supplier back with the proceeds from distributing it.
On May 30, 2024, law enforcement officers executed a search warrant at Dowell’s residence and found approximately 535 grams of methamphetamine, 1.2 kilograms of fentanyl, a Romarm Micro Draco 7.62mm firearm, and a Glock model 21 .45-caliber semiautomatic handgun. Dowell admitted to possessing the seized controlled substances and intending to distribute them.
Dowell is scheduled to be sentenced on April 11, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Dowell is 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. Dowell is also among five defendants who have pleaded guilty. The charges against Bradley and the other 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.
United States Attorney Will Thompson 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 the 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 Man Pleads Guilty to Fentanyl CrimeRead the Press Release
BECKLEY, W.Va. – Michael Reynard Penn, 43, of Beckley, pleaded guilty today to distribution of fentanyl.
According to court documents and statements made in court, on August 17, 2023, Penn sold approximately 27 grams of fentanyl to a confidential informant for $1,600 at his Beckley residence. Penn admitted to the transaction and further admitted to selling fentanyl to the confidential informant on three other occasions at his residence between August 23 and September 13, 2023.
On September 18, 2023, law enforcement officers executed a search warrant at Penn’s residence and found cocaine, marijuana, a Ruger .380-caliber pistol and $4,889. The cash included $470 in pre-recorded money Penn received from the confidential informant during the controlled drug buys.
Penn is scheduled to be sentenced on March 28, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of 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 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-94.
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Raleigh County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Justin L. Saunders, 27, of Mabscott, was sentenced today to seven 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 May 30, 2023, law enforcement officers arrested Saunders in Beckley on a felony warrant. During the arrest, officers found a Ruger model EC9s 9mm handgun on Saunders.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Saunders knew he was prohibited from possessing a firearm because of his prior felony convictions for first-degree robbery and malicious wounder in Raleigh County Circuit Court on June 5, 2012.
United States Attorney Will Thompson 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.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Brian D. Parsons and Andrew D. Isabell 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-185.
Inmate Sentenced to Prison for Possessing Weapon at FCI BeckleyRead the Press Release
BECKLEY, W.Va. – Jonathan Webb, 28, an inmate at the Federal Correctional Institution (FCI) Beckley, was sentenced today to one year in prison, to run consecutively to his undischarged term of incarceration, and to be followed by three years of supervised release, for possession of a weapon by an inmate at a federal prison.
According to court documents and statements made in court, on June 26, 2023, an FCI Beckley staff member conducted a pat-down search of Webb and found a handcrafted weapon commonly known as a “shank” in his right front pants pocket. The shank was a piece of metal approximately six inches long with a sharpened point on one end and a cloth handle. Webb admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess 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-45.
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Mexican Man Sentenced for Federal Immigration CrimeRead the Press Release
CHARLESTON, W.Va. – David Cuevas, 45, a Mexican national, was sentenced today to time served for fraud and misuse of a lawful Permanent Resident Card and remanded to Immigration and Customs Enforcement (ICE) for deportation proceedings.
According to court documents and statements made in court, on May 30, 2019, Cuevas fraudulently possessed and used information from a Permanent Resident Card issued in the name of another individual to apply for an individual explosives license from the West Virginia Office of the State Fire Marshal. Cuevas admitted that he knew the information on his explosives application was false and that he submitted the other individual’s Permanent Resident Card with the application. Cuevas further admitted that he sought the explosives license to assist him in his employment laying a pipeline in Greenbrier, Nicholas and Fayette counties for a construction company. Cuevas has been in custody for this offense since May 30, 2024.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Department of State-Diplomatic Security Service, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) of the U.S. Department of Homeland Security, the West Virginia Office of the State Fire Marshal, and the West Virginia Fusion Center.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Stefan Hasselblad 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. 2:19-cr-177.
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Kanawha County Woman Sentenced for COVID-19 Relief Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Jessica Nutter, 39, of St. Albans, was sentenced today to, five years of federal probation, and ordered to pay $25,830 for receipt of stolen money. Nutter admitted to a scheme to defraud the Paycheck Protection Program (PPP) of $20,830 in COVID-19 relief 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, from March 27, 2021 through on or about April 20, 2021, Nutter fraudulently obtained two PPP loans, each for $10,415, from an approved PPP lender in Texas and the SBA. Nutter falsely represented on one loan application that she had a business, Nut House Wood, and that it had received $50,000 in gross income during 2019. Nutter applied for the other fraudulent loan on behalf of her husband. Nutter falsely represented that her husband received $50,000 in gross income during 2019 as an independent contractor for an online food ordering and delivery service.
Businesses applying for PPP loans had to certify that the business was in operation on February 15, 2020, and were required to provide documentation showing their prior gross income from either 2019 or 2020. Nutter admitted that Nut House Wood was not a registered business entity in the State of West Virginia and had never engaged in legitimate business activity when she applied for that loan. Nutter further admitted that her husband was not engaged as an independent contractor for the online delivery service at that time.
The Texas lender approved both of Nutter’s loan applications. On April 9, 2021, $10,415 was transferred to Nutter’s personal bank account from a Texas bank. Nutter admitted that she transferred $1,5573.12 of those stolen funds to a North Carolina business on April 12, 2021, to cover expenses for a family vacation later that year. On April 20, 2021, $10,415 in proceeds from the second loan was transferred from a Texas bank to the personal bank account of Nutter’s husband. Nutter admitted that she and her husband used those stolen funds for general family expenses.
United States Attorney Will Thompson 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.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney J. Parker Bazzle II prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) 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-81.
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Kanawha County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Joseph Douglas Collier, 38, of Alum Creek, was sentenced today to eight 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 November 11, 2023, Collier was on the sidewalk outside of a downtown Charleston bar holding an open container of alcohol. The bar doorman asked Collier to return to the bar with the alcoholic beverage. Collier responded by lifting his sweater to reveal a pistol in his waistband. Collier brandished the firearm at the doorman, who retreated inside and closed the bar to protect patrons and employees. Responding law enforcement officers located Collier at a nearby bar and seized a Kimber model Tactical Pro II .45-caliber pistol from Collier’s possession following a pat-down search.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Collier knew he was prohibited from possession a firearm because of his prior felony conviction for possession with intent to deliver a controlled substance, cocaine, in Kanawha County Circuit Court on January 12, 2010.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Samuel D. Marsh 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-69.
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Kanawha County Man Sentenced to 25 Years in Prison for Federal Robbery and Firearms CrimesRead the Press Release
CHARLESTON, W.Va. – Camri Calrissian White, 26, of Cross Lanes was sentenced today to 25 years in prison, to be followed by five years of supervised release, for robbery, discharge of a firearm during a crime of violence, and being a felon in possession of a firearm.
A federal jury convicted White on July 25, 2024, following a three-day trial. Evidence at trial proved that White robbed a Cross Lanes convenience store shortly before 5:15 a.m. on July 11, 2023, while armed with a Smith & Wesson M&P 9mm pistol with an extended magazine.
White entered the business while wearing a mask and fired one round from the pistol into the ceiling. White held two store employees at gunpoint while ordering them to retrieve money from both registers and a locked safe under the front counter. Before fleeing the store, White told the employees that he would return and kill them if they called the police within the next 10 minutes.
Surveillance video from the store and other nearby locations helped law enforcement officers identify White as the culprit of the robbery. On July 17, 2023, officers arrived at the Cross Lanes apartment where White was staying. Officers recovered the pistol with the extended magazine after White tossed it from a rear window of the apartment following the officers’ arrival. Officers searched the apartment and found clothing worn by White during the robbery. During the search, officers learned that White had access to a vacant and unlocked apartment nearby. Officers searched that apartment and found more clothing worn by White during the convenience store robbery.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. White was prohibited from possessing a firearm because of his prior felony conviction for first-degree robbery with a firearm in Kanawha County Circuit Court on December 11, 2017. In that case, White pleaded guilty to his role in a January 31, 2017, home invasion robbery, during which he pressed a sawed-off shotgun to the chest of the 84-year-old victim while threatening to kill her.
The Court cited White’s criminal history when imposing today’s sentence and agreed with the United States that “the only thing that will determine his next brazen violent crime appears to be his release date.”
“The defendant has demonstrated a penchant for violence and a shocking disregard for the law and other people,” said United States Attorney Will Thompson. “The sentence imposed today protects the public from further crimes of the defendant.”
Thompson made the announcement and commended the investigative work of the South Charleston Police Department, the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys JC MacCallum and Jennifer Rada Herrald 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. 2:23-cr-168.
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Charleston Woman Pleads Guilty to Federal Securities-Related CrimeRead the Press Release
CHARLESTON, W.Va. – Deanna L. Drumm, 60, of Charleston, pleaded guilty today to aiding and abetting the sale and offer of unregistered securities.
According to court documents and statements made in court, in or around 2019 or 2020, Drumm became vice president of operations for Bear Industries LLC, a West Virginia company solely owned and operated by her son, Theodore Miller. Bear Industries originally served as an umbrella entity for other related businesses including a real estate company, a real estate holding company, and a construction company. As vice president of operations, Drumm was responsible for most of the day-to-day operational tasks of the Bear Industries entities, with input and direction from her son, while he lived outside the United States from in or about June 2021 to on or about August 8, 2024.
Drumm admitted that between February 2022 and August 2024, she aided and abetted the sale and offering of securities in the form of investments in two real estate-related ventures. One venture offered “direct investments” in the purported development of a dry-storage lot and residential duplexes on Bigley Avenue in Charleston. As a result of that offer, Bear Industries received $95,000 from several individuals between July and October 2022. The other venture offered investments in “Bear Lute,” a pooled real estate investment vehicle launched by Drumm’s son in May 2022. That offer resulted in Bear Industries obtaining more than $335,000 from more than 170 individuals between May 2022 and September 2024.
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 by processing payments by investors, assisting with the creation of the investment prospectuses, and maintaining investor lists.
Drumm also admitted that she was aware of numerous false and misleading representations made in relation to both securities. Theodore Miller never possessed legal title for any of the Bigley Avenue properties that were the sites of the proposed dry-storage lot and residential duplexes. Miller defaulted on monthly payments to acquire six of the Bigley Avenue lots in the spring of 2023, losing possession of them entirely. A seventh property listed among the sites for the real estate projects, 1017 Bigley Avenue, is not a valid address. The Bear Lute investors were falsely told by Miller that Bear Industries was a large and successful real estate company, that Bear Lute generated exceptionally high and guaranteed returns, that investors would receive a minimum return of 6 percent, that the investment was secured by income-producing real estate, and that investors could request to withdraw their funds and receive them within 60 days. These representations were false.
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. Drumm continued to help operate Bear Lute by processing investor payments, in violation of that order, after she received both the letter and the order.
On August 9, 2024, law enforcement officers arrested Drumm’s son for alleged conduct related to the direct investments and Bear Lute. Drumm admitted that she drove evidence material to her son’s prosecution including, but not limited to, his laptop computer and a backpack belonging to him, from West Virginia to her parents’ home in Michigan following her son’s arrest to conceal it from law enforcement. Drumm was accompanied by her son’s wife. Drumm hid the laptop in her parents’ basement and the backpack in an upstairs closet. After entering into an agreement with the United States, Drumm arranged for the laptop and backpack to be transported back to West Virginia and voluntarily surrendered those items to the United States. The backpack was found to contain two phones and a tablet.
Drumm is scheduled to be sentenced on March 13, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine. Drumm also owes as much as $434,501.42 in restitution.
A federal grand jury returned a 15-count indictment on September 4, 2024, charging Miller, 34, of South Charleston, with wire fraud, money laundering, and obstruction. The indictment alleges that Miller induced the direct investments for the real estate projects and the investments in Bear Lute through material misrepresentations, false promises, and omissions of relevant information. The indictment further alleges that Miller created a social media persona of a successful real estate investor to further these schemes, when in reality he had poor credit, thin month-to-month financial margins, was delinquent on property taxes and bills, and had defaulted on loans. The indictment also alleges that Miller persuaded or attempted to persuade a witness to “alter, destroy, mutilate, and conceal” the backpack and a cell phone. 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.
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, among other allegations, and seeks permanent injunctive relief, disgorgement of ill-gotten gains and prejudgment interest, and civil penalties.
United States Attorney Will Thompson 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 Attorney Holly Wilson 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-179.
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Mingo County Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Terry Randall Hinkle, 55, of Delbarton, pleaded guilty today to receiving child pornography.
According to court documents and statements made in court, on August 30, 2023, Hinkle received multiple images depicting child pornography via Facebook from another user. Hinkle admitted that the child pornography he received on Facebook included images depicting nude prepubescent females with their legs spread to display their genitals. Hinkle further admitted that he possessed approximately 24 videos and 46 images depicting child pornography. Hinkle also admitted that he sent an image depicting a nude minor female with her legs spread to expose her genitals via Facebook to another user on September 25, 2023.
Hinkle solicited another individual online to produce and send him images of child pornography depicting minors in that individual’s custody. However, the other individual never sent the requested photos.
Hinkle is scheduled to be sentenced on February 12, 2025, and faces a mandatory minimum of five 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. Hinkle must also register as a sex offender.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police-Internet Crimes Against Children Task Force (ICAC) and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald 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. 2:24-cr-110.
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Kanawha County Man Sentenced to Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Jacarre Cortez Woodruff, 23, of Dunbar, was sentenced today to three years and five months in prison, to be followed by three years of supervised release, for distribution of fentanyl.
According to court documents and statements made in court, on July 25, 2023, Woodruff sold approximately 28 grams of a substance containing a mixture of heroin, fentanyl, and a fentanyl analogue to two confidential informants at his residence in Dunbar.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
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-99.
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Charleston Man Pleads Guilty to Role in Charleston Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – John Wayne Harkless, 46, of Charleston, pleaded guilty today to conspiracy to distribute methamphetamine. Harkless admitted to a role in a Drug Trafficking Organization (DTO) that distributed methamphetamine in the Charleston area.
According to court documents and statements made in court, from in or about January 2024 to in or about May 2024, Harkless conspired with others to distribute methamphetamine in Charleston and within the Southern District of West Virginia.
Harkless sold methamphetamine to a confidential informant on nine separate occasions during the investigation. Investigators were able to confirm that Harkless was obtaining his methamphetamine from co-conspirator Kirt Ray King.
Harkless is scheduled to be sentenced on February 12, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Co-defendant Michael Dale Cain, 49, of Parkersburg, pleaded guilty November 6, 2024, to conspiracy to distribute methamphetamine, admitting to a role in the drug trafficking conspiracy, and awaits sentencing. The indictment against King, 47, of Charleston, and another defendant 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.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe 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. 2:24-cr-95.
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Charleston Man Pleads Guilty to Role in Charleston Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – John Wayne Harkless, 46, of Charleston, pleaded guilty today to conspiracy to distribute methamphetamine. Harkless admitted to a role in a Drug Trafficking Organization (DTO) that distributed methamphetamine in the Charleston area.
According to court documents and statements made in court, from in or about January 2024 to in or about May 2024, Harkless conspired with others to distribute methamphetamine in Charleston and within the Southern District of West Virginia.
Harkless sold methamphetamine to a confidential informant on nine separate occasions during the investigation. Investigators were able to confirm that Harkless was obtaining his methamphetamine from co-conspirator Kirt Ray King.
Harkless is scheduled to be sentenced on February 12, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Co-defendant Michael Dale Cain, 49, of Parkersburg, pleaded guilty November 6, 2024, to conspiracy to distribute methamphetamine, admitting to a role in the drug trafficking conspiracy, and awaits sentencing. The indictment against King, 47, of Charleston, and another defendant 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.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe 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. 2:24-cr-95.
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Two Former West Virginia Corrections Officers Plead Guilty to Federal Civil Rights Charge Following Death of an InmateRead the Press Release
CHARLESTON, W.Va. - Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty for their roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Johnathan Walters pleaded guilty yesterday to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Corey Snyder pleaded guilty today to the same offense.
According to court documents filed in connection with the guilty pleas, Snyder responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Snyder arrived, officers were using force to restrain and handcuff Q.B. Snyder also began using force, including putting his arm around Q.B.’s neck and taking him to the floor. Snyder and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where Walters joined them. In the interview room, the officers used unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.
After the unreasonable use of force in the interview room, officers transported Q.B. to A-Pod. During the transport to A-Pod, Q.B. became limp and was unable to walk on his own. Officers then carried Q.B. by his arms and legs down the hallway to A-Pod. Walters carried Q.B. by one of his arms, leading his co-conspirators and Q.B. to the pod. At the door to A-Pod, Walters admitted to using unjustified force by swinging Q.B.’s head into the metal door and using the force from Q.B.’s head to push open the door.
Snyder and Walters each further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Each also admitted to being aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where officers would use unreasonable force without being captured on video.
According to their plea agreements, Snyder and Walters each face a maximum penalty of 30 years in prison and a fine of up to $250,000.
Snyder and Walters are two of six former correctional officers indicted by a federal grand jury in November 2023 in connection with the death of Q.B. Three of those six defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B. On Aug. 8, 2023, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. On Nov. 13, Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Sentencing hearings for Boothe, Toney and Holdren are scheduled for Feb. 5, 2025.
Trial for the remaining defendant is scheduled for Dec. 10. The remaining defendant faces charges related to the cover-up of the unreasonable uses of force which caused bodily injury to and the death of Q.B.
Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail correctional officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.
Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.
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Two Former West Virginia Corrections Officers Plead Guilty to Federal Civil Rights Charge Following Death of an InmateRead the Press Release
Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty for their roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Johnathan Walters pleaded guilty yesterday to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Corey Snyder pleaded guilty today to the same offense.
According to court documents filed in connection with the guilty pleas, Snyder responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Snyder arrived, officers were using force to restrain and handcuff Q.B. Snyder also began using force, including putting his arm around Q.B.’s neck and taking him to the floor. Snyder and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where Walters joined them. In the interview room, the officers used unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.
After the unreasonable use of force in the interview room, officers transported Q.B. to A-Pod. During the transport to A-Pod, Q.B. became limp and was unable to walk on his own. Officers then carried Q.B. by his arms and legs down the hallway to A-Pod. Walters carried Q.B. by one of his arms, leading his co-conspirators and Q.B. to the pod. At the door to A-Pod, Walters admitted to using unjustified force by swinging Q.B.’s head into the metal door and using the force from Q.B.’s head to push open the door.
Snyder and Walters each further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Each also admitted to being aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where officers would use unreasonable force without being captured on video.
According to their plea agreements, Snyder and Walters each face a maximum penalty of 30 years in prison and a fine of up to $250,000.
Snyder and Walters are two of six former correctional officers indicted by a federal grand jury in November 2023 in connection with the death of Q.B. Three of those six defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B. On Aug. 8, 2023, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. On Nov. 13, Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. Sentencing hearings for Boothe, Toney and Holdren are scheduled for Feb. 5, 2025.
Trial for the remaining defendant is scheduled for Dec. 10. The remaining defendant faces charges related to the cover-up of the unreasonable uses of force which caused bodily injury to and the death of Q.B.
Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail correctional officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.
Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.
Putnam County Man Sentenced for Fraudulently Obtaining Unemployment and COVID-19 BenefitsRead the Press Release
CHARLESTON, W.Va. – Gary Lomax, 62, of Hurricane, was sentenced today to five years of federal probation, including four months on home detention, and ordered to pay $29,592 in restitution for theft of public money, property or records. Lomas admitted that he fraudulently obtained approximately $8,760 in unemployment benefits, including COVID-19 supplementary funds, and a $20,832 Paycheck Protection Program (PPP) loan 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, on or about March 24, 2020, Lomax applied for unemployment compensation after he was laid off as a sales associate at a Charleston auto dealership when the COVID-19 pandemic began. Lomax legitimately received unemployment benefits until the week ending April 18, 2020, when he returned to work.
Lomax admitted that from at least April 25, 2020 through at least June 27, 2020, he continued to apply for unemployment benefits that he knew he was not entitled to because he had returned to work. Lomax fraudulently obtained approximately $8,760 in unemployment benefits, including supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the CARES Act.
WorkForce West Virginia administers the unemployment compensation program for the State of West Virginia. Lomax admitted that as part of his scheme, he falsely certified on the WorkForce West Virginia website for 10 consecutive weeks that he was entitled to unemployment benefits. Lomax submitted the false certification answers while using his personal electronic device in St. Albans.
On March 29, 2021, Lomax applied for a PPP loan by falsely representing that he had earned $369,730 during the 2020 tax year as an independent contractor. PPP loans were available to qualifying independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic to replace their normal income and for certain other expenses. Lomax admitted that he had no independent contractor income to report for that tax year. Lomax further admitted that he made this false representation in order to receive $20,832, the maximum loan amount available to independent contractors.
Lomax also admitted that he used the fraudulently obtained unemployment benefits and PPP loan funds to make purchases and pay his bills.
United States Attorney Will Thompson made the announcement and commended the investigative work of the WorkForce West Virginia Integrity Section, the National Aeronautics and Space Administration Office of Inspector General (NASA OIG), the Litigation Financial Analyst with the U.S. Attorney’s Office and the West Virginia State Police – Bureau of Criminal Investigation (BCI).
NASA OIG is an active member of the Pandemic Response Accountability Committee (PRAC) Fraud Task Force. The PRAC was established to promote transparency and facilitate coordinated oversight of the federal government’s COVID-19 pandemic response. The PRAC’s 20 member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending, including spending via the Paycheck Protection Program (PPP), and Economic Injury Disaster Loan (EIDL) program. This case was also supported by the PRAC’s Pandemic Analytics Center of Excellence, which applies the latest advances in analytic and forensic technologies to help OIGs and law enforcement pursue data-driven pandemic relief fraud investigations.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Andrew J. Tessman prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) 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-114.
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Fayette County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Bryson J. England, 42, of Oak Hill, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on February 2, 2024, England was a passenger in a vehicle pulled over by law enforcement officers in the Beckley area of Raleigh County. During the vehicle stop, officers conducted a pat-down search of England and found a loaded Armscor of the Philippines model M1911-AU FS .45-caliber pistol on his person. Officers also searched the vehicle and found an AR-15 semiautomatic rifle on the passenger side.
Federal law 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 conviction for unlawful wounding in Kanawha County Circuit Court on January 6, 2003.
England is scheduled to be sentenced on March 14, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson 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 Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Brian D. Parsons 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. 5:24-cr-138.
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Charleston Man Pleads Guilty to Violating the Federal Sex Offender Registration and Notification ActRead the Press Release
CHARLESTON, W.Va. – Casey Thomas Judd, 36, of Charleston, pleaded guilty today to 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.
Judd is scheduled to be sentenced on February 19, 2025, and faces a maximum penalty of 10 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS).
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Jonathan T. Storage is prosecuting 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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Beckley Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Ryan H. Guerrant, 33, of Beckley, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on November 26, 2023, law enforcement officers responded to reports of a shooting at a Beckley residence and found Guerrant in the residence with a Bersa model BP9CC 9mm next to him on a bed.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Guerrant knew he was prohibited from possessing a firearm because of his prior felony convictions for first-degree robbery, conspiracy to commit first-degree robbery, and escape in Raleigh County Circuit Court on January 15, 2010.
Guerrant is scheduled to be sentenced on March 14, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Brian D. Parsons 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. 5:24-cr-93.
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Ohio Woman Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Emariel Kanay Tyler, 20, of Akron, Ohio, pleaded guilty today to 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 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.
Tyler is scheduled to be sentenced on February 26, 2025, and faces a maximum penalty of four years in prison, up to one year of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department.
Senior United States District Judge John T. Copenhaver Jr. presided over the hearing. Assistant United States Attorney Lesley C. Shamblin 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-186.
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Three More Participants Graduate from U.S. District Court’s Alternative Treatment CourtRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson congratulated three recent graduates of the Alternative Treatment Court (ATC) today. United States Magistrate Judge Omar J. Aboulhosn oversees the ATC program for the United States District Court for the Southern District of West Virginia and presided over today’s graduation ceremony.
The ATC program is a collaborative partnership between the U.S. District Court, the U.S. Probation Office, the U.S. Attorney’s Office, the Federal Public Defender’s Office, and various community-based treatment providers and organizations. The ATC program is a pre-plea, pre-sentence alternative to conviction or imprisonment for certain individuals charged with federal crimes. The ATC program 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 jobs skills training. The U.S. Probation Office provides oversight and monitoring that are integral to the ATC program’s success.
In a video statement, Thompson commended U.S. Magistrate Judge Aboulhosn, the judges of the U.S. District Court for the Southern District of West Virginia and the ATC program’s partners.
“We appreciate the fact that they allow the program not only to exist but to thrive,” Thompson said. “This is something that is done on a volunteer basis. The work and effort they put in makes this program successful and they all deserve recognition today.”
Participants must be individuals whose criminal conduct is believed to be motivated by substance abuse issues, mental health, or other underlying causes that appear to be amenable to treatment through programs available as part of the ATC. Defendants with a history of violent offenses, involved in child exploitation offenses or subject to removal by immigration authorities are among those excluded from participating.
Eligible defendants must participate for at least 12 months, but may be required to participate for up to 24 months.
Today’s graduates are Richard Allen Bowen, 63, of Charleston, Bradley Flowers, 29, of Hurricane, and Joseph Harper, 39, of Beckley. Thompson offered words of encouragement to each graduate.
The three graduates each successfully completed Track Two of the program, which allows them to receive terms of probation. Track One of the program allows for the dismissal of charges against those participants upon their successful completion of the ATC program.
Information about the Alternative Treatment Court program, including the program’s Memorandum of Understanding, is available on the website of the U.S. District Court for the Southern District of West Virginia: https://www.wvsd.uscourts.gov/programs-services/alternative-treatment-court.
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. 2:23-cr-4 (Bowen), 3:22-cr-96 (Flowers), and 5:23-cr-15 (Harper).
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Nicholas County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Nathaniel Martin, 50, of Fenwick, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on September 6, 2021, Martin possessed a Smith & Wesson Model M&P Shield .40-caliber handgun in Nicholas County.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Martin knew he was prohibited from possessing a firearm because of his prior felony conviction for two counts of delivery of a Schedule II controlled substance in Nicholas County Circuit Court on June 2, 2009.
Martin is scheduled to be sentenced on March 13, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Forest Service.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney D. Keith Randolph 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-25.
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Lincoln County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – James Evans Hughes, 51, of Sumerco, was sentenced today to nine 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, on June 28, 2018, Hughes sold a quantity of methamphetamine to a confidential informant in the South Charleston area of Kanawha County. Hughes admitted to that transaction and further admitted to selling methamphetamine to the confidential informant on seven other occasions between July 2018 and November 2018.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
Senior States District Judge David A. Faber 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. 2:23-cr-83.
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Kanawha County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Jason Todd Painter, 40, of Clendenin, was sentenced today to five years in prison, to be followed by three years of supervised release, for conspiracy to distribute a quantity of methamphetamine.
According to court documents and statements made in court, from March 15, 2023 through June 24, 2023, Painter received 11 packages containing methamphetamine sent by a co-conspirator from New York to Painter’s residence in Clendenin. Painter kept some of the methamphetamine for himself and held the rest for the co-conspirator to pick up. The co-conspirator occasionally directed Painter to deliver methamphetamine to other individuals in the Kanawha County area.
On July 15, 2023, the co-conspirator shipped a package through the United States Postal Service from New York to Painter’s residence in Clendenin. Law enforcement intercepted the package and discovered that it contained approximately 4.2 kilograms of methamphetamine.
United States Attorney Will Thompson 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).
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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Fifth West Virginia Corrections Officer Pleads Guilty to Federal Civil Rights Violation in Connection with Death of InmateRead the Press Release
CHARLESTON, W.Va. - A former corrections officer from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B.
According to court documents filed in connection with the guilty plea, Holdren responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Holdren arrived, officers were engaged in using force to restrain Q.B. Holdren also began using force which included multiple knee-strikes to Q.B.’s body, which he acknowledged were unreasonable uses of force according to his training and experience. Holdren and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to push past officers and leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where they continued to use unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.
Holdren further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Holdren was aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without being captured on video. Holdren admitted that he knew that it was improper for officers to use unreasonable force to punish inmates and pretrial detainees.
Holdren is one of six former correctional officers indicted by a federal grand jury in November 2023. Two defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B. On Aug. 8, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. Sentencing hearings for Boothe and Toney are scheduled for Jan. 9, 2025.
Trial for the remaining three defendants is scheduled for Dec. 10.
Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.
According to his plea agreement, Holdren faces a maximum penalty of 30 years in prison and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.
Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.
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Fifth West Virginia Corrections Officer Pleads Guilty to Federal Civil Rights Violation in Connection with Death of InmateRead the Press Release
A former corrections officer from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B.
According to court documents filed in connection with the guilty plea, Holdren responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Holdren arrived, officers were engaged in using force to restrain Q.B. Holdren also began using force which included multiple knee-strikes to Q.B.’s body, which he acknowledged were unreasonable uses of force according to his training and experience. Holdren and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to push past officers and leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where they continued to use unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.
Holdren further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Holdren was aware that, prior to the assault of Q.B. on March 1, 2022, officers brought inmates and pretrial detainees who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without being captured on video. Holdren admitted that he knew that it was improper for officers to use unreasonable force to punish inmates and pretrial detainees.
Holdren is one of six former correctional officers indicted by a federal grand jury in November 2023. Two defendants previously pleaded guilty in connection with the use of unreasonable force against Q.B. On Aug. 8, Ashley Toney and Jacob Boothe each pleaded guilty to violating Q.B.’s civil rights by failing to intervene when other officers used unreasonable force. Sentencing hearings for Boothe and Toney are scheduled for Jan. 9, 2025.
Trial for the remaining three defendants is scheduled for Dec. 10.
Prior to the indictment, on Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each separately pleaded guilty to conspiring with other officers to use unreasonable force against Q.B in connection with this incident. Sentencing hearings for Wimmer and Fleshman are scheduled for Feb. 7, 2025.
According to his plea agreement, Holdren faces a maximum penalty of 30 years in prison and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office, Charleston Resident Agency, is investigating the case.
Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia are prosecuting the case.
Charleston Man Sentenced to Prison for Federal Opioid CrimeRead the Press Release
CHARLESTON, W.Va. – Curon Cameron Cordon, 24, of Charleston, was sentenced today to two years and three months in prison, to be followed by three years of supervised release, for distribution of protonitazene and isotonitazene.
According to court documents and statements made in court, on May 31, 2023, Cordon sold 13 pills to a confidential informant in Charleston. The pills were counterfeit pressed pills with the same markings as 30mg oxycodone pills. The West Virginia State Police Forensic Laboratory confirmed that the pills contained protonitazene and isotonitazene, synthetic opioids potentially more dangerous and deadly than fentanyl.
Law enforcement conducted seven additional controlled buys during which Cordon, and on one occasion Jesus Emmanuel Davis at Cordon’s direction, sold quantities of the same pills to a confidential informant. Cordon drove the confidential informant to Davis’ residence to obtain the pills during four of those transactions, including on May 31, 2023.
On June 8, 2023, law enforcement officers executed a search warrant at Davis’ residence. Officers seized 95 of the same pills sold to the confidential informant from the pocket of a jacket hanging inside Davis’ bedroom closet. Davis, 25, of Charleston, was sentenced on October 9, 2024, to three years and six months in prison, to be followed by three years of supervised release, after pleading guilty to the distribution of protonitazene and isotonitazene.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Joseph R. Goodwin 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-50.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Ijaz Oliver, 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 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.
Oliver is scheduled to be sentenced on March 11, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson 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 presided over the hearing. Former Assistant United States Attorney Troy D. Adams and Assistant United States Attorney Jeremy B. Wolfe 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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Inmate Sentenced to Prison for Possessing Weapon at FCI McDowellRead the Press Release
BLUEFIELD, W.Va. – Tony Lashon Cleveland Jr., 27, an inmate at the Federal Correctional Institution (FCI) McDowell, was sentenced today to one year and three months in prison, to be followed by three years of supervised release, for possession of a weapon by an inmate at a federal prison.
According to court documents and statements made in court, on or about September 12, 2023, an FCI McDowell staff member conducted a pat-down search of Cleveland and found a handcrafted weapon commonly known as a “shank” in one of his socks. The shank was a piece of metal approximately five inches long with a sharpened point on one end and melted plastic on the other end to form a handle. Cleveland admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon. Today’s sentence will run consecutively to his undischarged term of incarceration.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess 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. 1:24-cr-62.
Bluefield Man Sentenced to 14 Years in Prison for Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – Matthew Alexander Wilson, 29, of Bluefield, was sentenced today to 14 years in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl and methamphetamine.
According to court documents and statements made in court, on August 16, 2023, Wilson and Denise R. Allen were apprehended at a gun store in Princeton, West Virginia. Following their arrest, Wilson and Allen consented to a search by law enforcement officers of a truck they had rented using a stolen identity. Officers found nearly a pound of methamphetamine, 45 grams of fentanyl and two Glock 9mm semiautomatic handguns during the search of the rental truck. Wilson and Allen admitted they possessed the methamphetamine and fentanyl and intended to distribute it. Wilson, a convicted felon, was also involved in directing Allen to use a stolen identification to purchase firearms on his behalf.
Allen, 30, of Bluefield, was sentenced on June 10, 2024 to five years in prison, to be followed by five years of supervised release, after pleading guilty to possession with intent to distribute fentanyl and methamphetamine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Southern Regional Drug and Violent Crime Task Force. The task force consists of members of the West Virginia State Police, the Bluefield Police Department, the Princeton Police Department, the Mercer County Sheriff’s Department, the McDowell County Sheriff’s Department, and the Wyoming County Sheriff’s Department.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Andrew D. Isabell 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. 1:23-cr-152.
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Parkersburg Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – David Eric West II, 42, of Parkersburg, pleaded guilty today to 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 found controlled substances and intended to distribute them in and around the Southern District of West Virginia.
West is scheduled to be sentenced on March 3, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson 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 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-135.
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Charleston Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Timothy Jarrett Brown, 43, of Charleston, was sentenced today to two years and three 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 June 24, 2023, law enforcement officers conducted a traffic stop of 2011 Mercedes C300 driven by Brown in the Jefferson area of Kanawha County. During the traffic stop, a police K-9 alerted to the presence of controlled substances in the vehicle. A search of the vehicle revealed a small amount of methamphetamine in Brown’s person, a Smith & Wesson model SW40VE .40-caliber semiautomatic pistol hidden in the electrical compartment of the vehicle’s trunk, and quantities of 9mm ammunition in the vehicle. Brown told officers he possessed the firearm for protection.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Brown knew he was prohibited from possessing a firearm because of his prior felony conviction for possession with intent to deliver a controlled substance, heroin, in Kanawha County Circuit Court on January 31, 2020.
On August 19, 2023, a law enforcement officer conducted a traffic stop of Brown while he was driving his Mercedes in St. Albans. Officers searched the vehicle and found a Kahr Arms CM9 9-millimeter pistol hidden in the engine block. A female passenger in the vehicle told officers that Brown asked her to say the pistol belonged to her.
Brown has a long criminal history that also includes prior convictions for indecent liberties with a child, battery, domestic battery, violation of a protective order, failure to register as a sex offender, criminal possession of a firearm, possession with intent to deliver a controlled substance-heroin, and theft.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Kanawha County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the St. Albans Police Department.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Alexander A. Redmon 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. 2:23-cr-203.
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Charleston Man Pleads Guilty to Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Charles Eugene Moore, 37, of Charleston, pleaded guilty today to 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.
Moore is scheduled to be sentenced on January 30, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Joseph R. Goodwin 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. 2:22-cr-109.
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Charleston Man Pleads Guilty to Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Charles Eugene Moore, 37, of Charleston, pleaded guilty today to 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.
Moore is scheduled to be sentenced on January 30, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Joseph R. Goodwin 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. 2:22-cr-109.
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Parkersburg Man Pleads Guilty to Role in Charleston Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – Michael Dale Cain, 49, of Parkersburg, pleaded guilty today to conspiracy to distribute methamphetamine. Cain admitted to a role in a Drug Trafficking Organization (DTO) that distributed methamphetamine in the Charleston area.
According to court documents and statements made in court, from in or about January 2024 to in or about May 2024, Cain conspired with others to distribute methamphetamine in Charleston and within the Southern District of West Virginia. On May 5, 2024, a co-conspirator arranged for Cain to travel to Charleston for the purpose of picking up approximately 3 pounds of methamphetamine that he intended to transport to Parkersburg and distribute to others. After Cain acquired the methamphetamine, he was stopped by law enforcement officers who searched his vehicle, seized the methamphetamine, and arrested Cain.
Cain is scheduled to be sentenced on January 29, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe 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. 2:24-cr-95.
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Federal Jury Finds Lincoln County Man Guilty of Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – After two days of trial, a federal jury convicted Michael Allen Kenney, 53, of Hamlin, of being a felon in possession of a firearm.
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. 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.
Kenney is scheduled to be sentenced on February 24, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
“Today’s verdict holds a dangerous criminal accountable for his unlawful conduct,” said United States Attorney Will Thompson. “I commend the Putnam County Sheriff’s Office and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) for their investigative work, and Assistant United States Attorneys Lesley C. Shamblin and Stephanie Taylor and our trial team for securing the guilty verdict in this case.”
United States District Judge Robert C. Chambers presided over the jury trial.
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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Jackson County Man Pleads Guilty to Federal Tax CrimesRead the Press Release
CHARLESTON, W.Va. – Joshua L. Wolfe, 42, of Givens, pleaded guilty today to two counts of failure to pay a tax and failure to file an income tax return.
According to court documents and statements made in court, Wolfe admitted that the failed to pay approximately $20,000 in taxes withheld from the gross pay of employees of his business, Wolfe Construction Company Inc., due on April 30, 2019. Wolfe also did not file an individual income tax return for calendar year 2018. Wolfe admitted that he drew a salary of approximately $75,000 from Wolfe Construction and transferred approximately $50,000 from his business accounts to his personal accounts that year.
Wolfe was president, sole officer and 50 percent shareholder of Wolfe Construction from 2015 to 2020 and became the sole owner of the commercial construction business in September 2020. Wolfe admitted that he did not pay all of Wolfe Construction’s employment taxes for many quarters from 2017 and 2019, after withholding taxes from the gross pay of his employees. Wolfe Construction generally had 11 to 15 employees during this time period.
Wolfe was also the sole owner of the Barge Restaurant, which he opened in 2017 in Charleston. Wolfe admitted that he often failed to pay the full amount of employment taxes he withheld from the gross pay of Barge Restaurant employees from 2017 to 2019. The Barge Restaurant generally had at least 10 employees during this time period.
Wolfe also admitted that he claimed and received a refund on his 2017 individual income tax return after reporting employment taxes withheld from his 2017 Wolfe Construction salary as “payment.” Wolfe further admitted that he did not file an individual income tax return for calendar year 2019 even though he knew his salary from Wolfe Construction alone exceeded the minimum requirement for filing.
Wolfe is scheduled to be sentenced on January 14, 2025, and faces a maximum penalty of two years in prison, up to two years of supervised release, and a $200,000 fine. Wolfe also owes restitution in an amount to be determined by the Court.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Internal Revenue Service-Criminal Investigations (IRS-CI).
United States Magistrate Judge Dwane L. Tinsley presided over the hearing. Assistant United States Attorney Andrew D. Isabell and Trial Attorneys Brian Flanagan and Rebecca Caruso of the Department of Justice Criminal Tax Division 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-166.
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Jackson County Man Pleads Guilty to Federal Tax CrimesRead the Press Release
CHARLESTON, W.Va. – Joshua L. Wolfe, 42, of Givens, pleaded guilty today to two counts of failure to pay a tax and failure to file an income tax return.
According to court documents and statements made in court, Wolfe admitted that the failed to pay approximately $20,000 in taxes withheld from the gross pay of employees of his business, Wolfe Construction Company Inc., due on April 30, 2019. Wolfe also did not file an individual income tax return for calendar year 2018. Wolfe admitted that he drew a salary of approximately $75,000 from Wolfe Construction and transferred approximately $50,000 from his business accounts to his personal accounts that year.
Wolfe was president, sole officer and 50 percent shareholder of Wolfe Construction from 2015 to 2020 and became the sole owner of the commercial construction business in September 2020. Wolfe admitted that he did not pay all of Wolfe Construction’s employment taxes for many quarters from 2017 and 2019, after withholding taxes from the gross pay of his employees. Wolfe Construction generally had 11 to 15 employees during this time period.
Wolfe was also the sole owner of the Barge Restaurant, which he opened in 2017 in Charleston. Wolfe admitted that he often failed to pay the full amount of employment taxes he withheld from the gross pay of Barge Restaurant employees from 2017 to 2019. The Barge Restaurant generally had at least 10 employees during this time period.
Wolfe also admitted that he claimed and received a refund on his 2017 individual income tax return after reporting employment taxes withheld from his 2017 Wolfe Construction salary as “payment.” Wolfe further admitted that he did not file an individual income tax return for calendar year 2019 even though he knew his salary from Wolfe Construction alone exceeded the minimum requirement for filing.
Wolfe is scheduled to be sentenced on January 14, 2025, and faces a maximum penalty of two years in prison, up to two years of supervised release, and a $200,000 fine. Wolfe also owes restitution in an amount to be determined by the Court.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Internal Revenue Service-Criminal Investigations (IRS-CI).
United States Magistrate Judge Dwane L. Tinsley presided over the hearing. Assistant United States Attorney Andrew D. Isabell and Trial Attorneys Brian Flanagan and Rebecca Caruso of the Department of Justice Criminal Tax Division 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-166.
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Sex Offender Sentenced to Prison for Violating the Federal Sex Offender Registration and Notification ActRead the Press Release
CHARLESTON, W.Va. – Gary Allen Swift Jr., 62, was sentenced today to one year and nine months in prison, to be followed by 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, from on or about July 1, 2023 through on or about February 6, 2024, Swift failed to register or update his registration as required by SORNA after he relocated to West Virginia from Iowa.
Swift traveled from Iowa to Huntington, West Virginia, following his conviction for failing to register as a sex offender in Scott County, Iowa, District Court on January 4, 2023. On April 7, 2023, Swift was convicted in Cabell County Magistrate Court for failing to register as a sex offender in West Virginia. Swift then moved from Huntington to Charleston, where he continued his pattern of failing to register until February 2024, resulting in his prosecution by the United States Attorney's Office for the Southern District of West Virginia.
Swift is required to register as a sex offender and comply with SORNA because of his convictions for first-degree sexual abuse in Nicholas County, West Virginia, Circuit Court on March 18, 1986, and criminal sexual assault in Rock Island, Illinois, Circuit Court on November 20, 2006.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS).
Chief United States District Judge Thomas E. Johnston 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-27.
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Ohio Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Terric Zaire Williams, 25, of Akron, Ohio, pleaded guilty today to 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.
Williams is scheduled to be sentenced on February 27, 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.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department.
United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Lesley C. Shamblin 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-67.
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Lincoln County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Jeffrey R. Lambert, 63, of Ranger, was sentenced today to five years in prison, to be followed by four years of supervised release, for 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 2, 2022, law enforcement officers executed a search warrant at Lambert’s residence and found approximately 186 grams of methamphetamine, approximately 57 grams of fentanyl and fentanyl analogues, several firearms, and $4,402. Lambert admitted that he possessed and intended to distribute the seized controlled substances. Lambert also possessed a loaded pistol in his bedroom along with his cash and some of the controlled substances.
Lambert further admitted to selling a total of approximately 70 grams of methamphetamine on four occasions between July 25, 2022 and August 1, 2022, each time to a confidential informant at his Ranger residence.
United States Attorney Will Thompson 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.
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. 2:24-cr-14.
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Charleston Man Pleads Guilty to Federal Tax CrimeRead the Press Release
CHARLESTON, W.Va. – Luther A. Hanson, 71, of Charleston, pleaded guilty today to willful failure to pay over taxes.
According to court documents and statements made in court, from at least 2015 to September 2020, Hanson willfully and intentionally did not withhold or pay over approximately $149,905.37 in employment taxes to the Internal Revenue Service (IRS) for two employees of his accounting services businesses. Hanson owns, manages, controls and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services, and the two employees provided accounting and account services for both.
Hanson admitted that some time prior to June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. Hanson further admitted that he knew this arrangement would relieve him of paying the employer portion of the employment taxes to the IRA and of withholding the employee withholdings of the two employees.
As a result of this arrangement, Hanson paid gross wages by check to the two employees even though neither changed their job duties or responsibilities. Hanson admitted that he knew that neither was an independent contractor while he paid each by check throughout their continued employment. Hanson further admitted that he did not pay the trust fund taxes to the IRS that were owed and did not pay over the employer’s share of employment taxes for the two employees each quarter during the duration of this arrangement.
Hanson is scheduled to be sentenced on January 30, 2025, and faces a maximum penalty of five years in prison, up to three years of supervised release, and a $250,000 fine. Hanson also owes restitution in an amount to be determined by the Court.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Internal Revenue Service-Criminal Investigations (IRS-CI) and the Federal Bureau of Investigation (FBI).
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Erik S. Goes 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-119.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Ricky Steve John, 50, of Charleston, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on March 20, 2024, John possessed a Ruger model EC9 9mm semiautomatic pistol concealed in his pants in Charleston.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. John knew he was prohibited from possessing a firearm because of his prior felony conviction for voluntary manslaughter in Kanawha County Circuit Court on July 21, 2016.
John is scheduled to be sentenced on January 29, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Chief United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Alexander A. Redmon 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-136.
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Beckley Man Pleads Guilty to Role in Drug Trafficking OrganizationRead the Press Release
BECKLEY, W.Va. – Demetrius Terrell Burns, 32, of Beckley, pleaded guilty today to 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 is scheduled to be sentenced on February 14, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Burns is 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. Burns is also among four defendants who have pleaded guilty. The charges against Bradley and the other 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.
United States Attorney Will Thompson 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 the 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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Kanawha County Man Sentenced to More than 19 Years in Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Brandon Christopher Solomon, 30, of South Charleston, was sentenced today to 19 years and seven months in prison, to be followed by five years of supervised release, for distributing 5 grams or more of methamphetamine and a quantity of fentanyl.
According to court documents and statements made in court, on December 6, 2023, Solomon sold approximately 30 grams of methamphetamine and 10 grams of fentanyl to a confidential informant in the Kanawha City area of Charleston. The Court found that Solomon had participated in at least 16 drug transactions and possessed a firearm multiple times in connection with those transactions. Additionally, Solomon made threats on two occasions to shoot individuals in connection with those transactions.
Solomon has a long criminal history that includes two prior federal felony drug convictions. Solomon also committed an armed robbery in 2014 while he was on supervised release as a result of these federal convictions.
United States Attorney Will Thompson 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.
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. 2:24-cr-54.
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Huntington Man Pleads Guilty to Child Pornography CrimeRead the Press Release
HUNTINGTON, W.Va. – Ampless Ray Lilly, 52, of Huntington, pleaded guilty today to receiving 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 includes 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 February 10, 2025, and faces a maximum penalty of 20 years in prison, up to a lifetime of supervised release and a $250,000 fine. Lilly must also register as a sex offender. During the time period of this 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 on August 14, 2023. A petition to revoke that probation has been filed and is currently pending.
United States Attorney Will Thompson 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. 3:24-cr-169.
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Georgia Man Pleads Guilty to Role in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Nehmiah Allen-Griggs, also known as “Newski,” 23, of Dallas, Georgia, pleaded guilty today to distribution of 50 grams or more of methamphetamine. Allen-Griggs admitted to his role in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
According to court documents and statements made in court, on March 1, 2023, Allen-Griggs distributed approximately 1 pound of methamphetamine to a confidential informant in a Huntington parking lot in exchange for $2,000.
On November 15, 2023, law enforcement officers executed a search warrant at a Highlawn Avenue residence in Huntington and seized quantities of methamphetamine and fentanyl, a Landor Arms Canyon Arms 12-gauge shotgun, a Walther P22 .22-caliber pistol equipped with a silencer, a Kel-Teck .22-caliber pistol, and various rounds of ammunition. Allen-Griggs admitted that he and others used the residence to store and distribute methamphetamine and fentanyl.
Allen-Griggs is scheduled to be sentenced on February 10, 2025, and faces a mandatory minimum of 10 years and up to life in prison, at least five years of supervised release, and a $10 million fine.
Allen-Griggs is among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
Allen-Griggs is also among 22 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. 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 Robert C. Chambers presided over the hearing. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor are 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. 3:23-cr-180.
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Beckley Man Sentenced for COVID-19 Relief FraudRead the Press Release
BECKLEY, W.Va. – Mark William Bailey, 51, of Beckley, was sentenced on Friday, October 25, 2024, to five years of federal probation, including one year on home detention, and ordered to pay $451,237.51 in restitution for theft of government monies. Bailey admitted to stealing approximately $451,237.51 in COVID-19 relief loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Bailey has fully paid the restitution and an additional $451,237.98 as a civil penalty to settle False Claims Act allegations.
According to court documents and statements made in court, on July 10, 2020, Bailey was the sole owner and president of RMR Delivery Service Inc. when he obtained an Economic Injury Disaster Loan (EIDL) for $150,000. The EIDL program was created by the CARES Act for eligible small businesses experiencing substantial financial disruptions due to the COVID-19 pandemic. EIDL proceeds can only be used on certain permissible business expenses, which can include payment of fixed business debts, payroll, accounts payable, and other business-related expenses that could have been paid had the COVID-19 disaster not occurred.
Bailey sought two modifications of his EIDL, increasing the loan amount first to $500,000 and then to $2 million. To obtain each modification, Bailey certified that RMR Delivery Service Inc. would use all loan proceeds solely as working capital to alleviate economic injury caused by the pandemic. Bailey admitted that he fraudulently used approximately $403,768.04 of the EIDL proceeds for his own personal benefit from about March 1, 2022 through about October 20, 2022. Among other personal uses, Bailey purchased a garage and a personal vehicle with the EIDL proceeds.
In or around April 2020, Bailey also applied for and received a $110,032 loan through the Paycheck Protection Program (PPP). Also created by the CARES Act for qualifying small businesses, PPP loans were for job retention and certain other business expenses. Bailey admitted that he misappropriated $47,469.47 of the PPP loan to pay his personal mortgage on or about June 4, 2020.
“Mr. Bailey was required to pay not only full restitution but also an equally substantial civil penalty, which represents another tool to bring to justice those who stole COVID-19 relief funds during a national emergency,” said United States Attorney Will Thompson. “The outcome in this case sends a message to others throughout West Virginia and the United States who are or were engaged in pandemic relief fraud schemes that the consequences for such conduct are serious.”
Thompson made the announcement and commended the investigative work of the National Aeronautics and Space Administration Office of Inspector General (NASA OIG), the United States Secret Service, the West Virginia State Police-Bureau of Criminal Investigations (BCI) and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU).
NASA OIG is an active member of the Pandemic Response Accountability Committee (PRAC) Fraud Task Force. The PRAC was established to promote transparency and facilitate coordinated oversight of the federal government’s COVID-19 pandemic response. The PRAC’s 20 member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending, including spending via the Paycheck Protection Program (PPP), and Economic Injury Disaster Loan (EIDL) program. This case was also supported by the PRAC’s Pandemic Analytics Center of Excellence, which applies the latest advances in analytic and forensic technologies to help OIGs and law enforcement pursue data-driven pandemic relief fraud investigations.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Erik S. Goes prosecuted the case.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who suffered the economic effects caused by the COVID-19 pandemic. On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) 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. 5:23-cr-131.
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McDowell County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Carl Thomas Mullins, also known as “TJ Mullins,” 24, of Isaban, was sentenced today to two years in prison, to be followed by three years of supervised release, for theft of firearms from a federal firearms licensee.
According to court documents and statements made in court, on September 10, 2021, Mullins broke into a Wyoming County business and stole a Colt model M4 carbine 5.56mm rifle, a Black Aces model Pro Series M 12-gauge shotgun and a Silver Eagle model RZ17TAC 12-gauge shotgun. Mullins later sought to sell the firearms or trade them for drugs. The rifle was later recovered, while the whereabouts of the two shotguns remain unknown.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Alexander A. Redmon and Ryan Blackwell 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. 5:22-cr-179.
St. Albans Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Sarah J. Ward, 41, of St. Albans, was sentenced to two years in prison, to be followed by three years of supervised release, for aiding and abetting the distribution of methamphetamine.
According to court documents and statements made in court, Ward and her husband Timothy A. Ward admitted that they distributed methamphetamine or aided and abetted each other to distribute methamphetamine to confidential informants on seven occasions in Kanawha County from October 2, 2023, through December 6, 2023. The Wards further admitted that they received money for several of these transactions, and for others received clothing that was shoplifted at their direction. The transactions included the sale of a half-ounce of methamphetamine to a confidential informant at a St. Albans bar on October 2, 2023. The Wards also sold a pistol with an obliterated serial number to a confidential informant, which Timothy Ward referred to as a “throwaway” firearm during the transaction.
Timothy A. Ward, 42, was sentenced on June 6, 2024, to eight years and nine months in prison, to be followed by three years of supervised release, after pleading guilty to aiding and abetting the distribution of methamphetamine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the St. Albans Police Department and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Irene C. Berger 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-201.
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