FEDERAL DISTRICT ARCHIVE
Southern District of West Virginia
Press releases recorded for this federal judicial district.
North Carolina Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – Keith Deshon Adams, 39, of Statesville, North Carolina, pleaded guilty today to possession with intent to distribute 5 grams or more of methamphetamine and a quantity of fentanyl.
According to court documents and statements made in court, on September 7, 2022, law enforcement officers conducted a traffic stop of a vehicle in which Adams was a passenger in Oak Hill. Adams admitted that he tried to flee on foot after he was asked to exit the vehicle and stand at the front of an officer’s cruiser. An officer deployed a taser to stop Adams. While struggling with the officer, Adams opened a cross-body bag he was wearing and retrieved a plastic baggy containing fentanyl powder from it. Adams tore open the bag, causing the fentanyl to spill out of the bag and onto the officer’s clothing, face and mouth. The officer ingested some of the fentanyl and began suffering an apparent overdose.
Other officers secured Adams. A second officer suffered an apparent overdose after ingesting some of the spilled fentanyl. Both officers were taken to the hospital and treated with naloxone.
Adams admitted that the cross-body bag contained controlled substances including methamphetamine, fentanyl and tablets containing methamphetamine and ecstasy.
Adams is scheduled to be sentenced on September 17, 2024, 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 Oak Hill Police Department, the Fayette County Sheriff’s Department, the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:23-cr-152.
###
Huntington Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Stephen Michael Wolford, 32, of Huntington, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on March 29, 2023, a law enforcement attempted to initiate a traffic stop of a vehicle driven by Wolford near the intersection of 27th Street and Ninth Avenue in Huntington. Wolford admitted that he fled in the vehicle, speeding in excess of 90 miles per hour before wrecking the vehicle and flipping it on its roof on the 1400 block of 28th Street. Wolford further admitted that he attempted to flee on foot before he was caught and arrested.
Officers found a Smith & Wesson Model M&P .40-caliber pistol at the location of the vehicle crash. Wolford admitted to possessing the firearm and further admitted to bringing the firearm into a Huntington business on March 28, 2023, and showing it to a store employee while shopping for accessories for the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Wolford knew he was prohibited from possessing a firearm because of his prior felony conviction for grand larceny in Cabell County Circuit Court on August 15, 2017.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-84.
###
Huntington Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Kenard Jerlonnie Moore, also known as “Lonnie,” 41, of Huntington, was sentenced today to four years and nine months in prison, to be followed by three years of supervised release, for distribution of a quantity of a mixture and substance containing methamphetamine.
According to court documents and statements made in court, on September 28, 2023, Moore sold approximately 16 grams of methamphetamine to a confidential informant in Huntington. Moore admitted to the transaction, and further admitted that he arranged the transaction when the confidential informant contacted him earlier that day.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor prosecuted the case.
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-3.
###
Bluefield Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – Denise R. Allen, 29, of Bluefield, was sentenced today to five years in prison, to be followed by five 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, Allen and another individual were apprehended at a gun store in Princeton, West Virginia. Following their arrest, Allen and the other individual consented to a search by law enforcement officers of a truck they had rented using a stolen identity. Officers found 431 grams of methamphetamine, 21 grams of fentanyl and two Glock 9mm semiautomatic handguns during the search of the rental truck. Allen admitted that she and the other individual possessed the methamphetamine and fentanyl and intended to distribute it.
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 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 Nos. 1:23-cr-196.
###
U.S. Attorney Will Thompson to Participate in Day Report Center Softball TournamentRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson of the Southern District of West Virginia and others from his office will be on the roster for the latest Southwestern Regional Day Report Center (SRDRC) Slow Pitch Softball Tournament.
The tournament, now in its 11th year, will start at 9:15 a.m. on Friday, June 7, 2024 at the Lick Creek Park softball fields in Danville.
This year’s tournament will feature eight teams of players from the criminal justice and recovery communities including law enforcement officers, court officials, SRDRC staff and participants, and others in recovery and their loved ones.
“This event shows that people can recover and do things that are positive for the community,” Thompson said.
The teams hail from Boone, Lincoln, Logan and Mingo counties, which are the SRDRC’s service area.
“For many people struggling with addiction, the toughest step toward recovery is the very first one: recognizing that they have a problem and deciding to make a change. We don’t want them to try recovery alone. This is where community involvement comes in,” said Judge Stacy L. Nowicki-Eldridge of West Virginia’s Twenty-Fifth Judicial Circuit (Boone and Lincoln counties). “Having positive influences and a solid support system is essential. The more people they can turn to for encouragement, guidance, and a listening ear, the better their chances for recovery. It’s important to be involved in things that they enjoy, that make them feel needed, and add meaning to their life. When their life is filled with rewarding activities and a sense of purpose, their addiction will lose its appeal. We as a community need to show our support. Remind them that they are valued, they can do this, and they are not alone.”
The SRDRC provides evidence-based substance use disorder treatment and recovery services to high-risk individuals and families, and organizes and hosts the annual tournament.
“This tournament brings everyone together in support of the recovery community and provides a fun, supportive event for us all to enjoy,” said SRDRC Executive Director Michelle Akers.
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.
###
Summers County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – David Nelson Gill, 32, of Hinton, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on February 6, 2023, Gill was a passenger in a vehicle pulled over by law enforcement in St. Albans. Gill admitted to possessing a loaded Taurus Model PT111 9mm pistol found by officers during a search of the vehicle. The pistol was later found to have been stolen. Officers also found a loaded Remington Model 870 12-gauge shotgun on the vehicle’s rear passenger seat floor and approximately 3 grams of methamphetamine on Gill’s person following his arrest after the traffic stop.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Gill knew he was prohibited from possessing a firearm because of his prior felony conviction for grand larceny in Summers County Circuit Court on August 11, 2017.
United States Attorney Will Thompson made the announcement and commended the investigative work of the St. Albans Police Department and 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 Jonathan T. Storage 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-75.
###
Summers County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – David Nelson Gill, 32, of Hinton, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on February 6, 2023, Gill was a passenger in a vehicle pulled over by law enforcement in St. Albans. Gill admitted to possessing a loaded Taurus Model PT111 9mm pistol found by officers during a search of the vehicle. The pistol was later found to have been stolen. Officers also found a loaded Remington Model 870 12-gauge shotgun on the vehicle’s rear passenger seat floor and approximately 3 grams of methamphetamine on Gill’s person following his arrest after the traffic stop.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Gill knew he was prohibited from possessing a firearm because of his prior felony conviction for grand larceny in Summers County Circuit Court on August 11, 2017.
United States Attorney Will Thompson made the announcement and commended the investigative work of the St. Albans Police Department and 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 Jonathan T. Storage 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-75.
###
St. Albans Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Timothy A. Ward, 42, of St. Albans, was sentenced today to eight years and nine months 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 his wife, Sarah J. Ward, 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 received money for several of these transactions. For two of the transactions, Timothy J. Ward directed a confidential informant to shoplift items in exchange for methamphetamine. The transactions included the sale of a half-ounce of methamphetamine to a confidential informant at a St. Albans bar on October 2, 2023.
Timothy A. Ward also sold a firearm with an obliterated serial number at the couple’s St. Albans residence on December 7, 2023 to a confidential informant who had purchased methamphetamine from him on prior occasions. Timothy A. Ward knew he was prohibited from possessing a firearm because of his prior conviction for being a person prohibited from possessing a firearm on September 8, 2020 in Kanawha County Magistrate Court.
Timothy A. Ward has a long criminal history with 24 prior convictions, including for such other offenses as domestic battery, grand larceny, daytime burglary, breaking and entering, fleeing, escape, and possession with intent to deliver a controlled substance.
Sarah J. Ward, 40, pleaded guilty to aiding and abetting the distribution of methamphetamine on February 15, 2024, and awaits sentencing.
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.
###
Parkersburg Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Jon Ryan LaFever, 29, of Parkersburg, pleaded guilty today to production of child pornography.
According to court documents and statements made in court, on or about March 16, 2023, LaFever posted a picture of a minor female on an instant messaging mobile app. LaFever received a direct message after posting the photo from an app user asking about the minor female. LaFever admitted that he messaged the user that the minor female was a 7-year-old girl to whom he had access. LaFever further admitted that he sent the user several additional photos through direct messaging. The photos included one image of the minor female in her underwear and with her legs spread open, and two images of a minor female’s nude genital area.
LaFever also admitted to sending two videos of the minor female to the app user. In both videos, LaFever touches the minor female’s buttocks while she was asleep on a bed, attempts to pull her shorts and underwear aside to expose her genital and pubic area, and stops when she appears to be waking up.
On March 20, 2023, law enforcement officers executed a search warrant of LaFever’s Parkersburg residence. LaFever admitted to officers that he sent the videos on the messaging app. Officers seized LaFever’s cell phone during the search and a forensic analysis found it stored several images and videos depicting the minor female on a bed in his residence. LaFever admitted to creating the images and videos with his cell phone. They included the two videos of the minor female that he created with his cell phone on March 6, 2023.
LaFever further admitted to possessing hundreds of images and videos of child pornography on his phone and an online file-storage account, and that some of this child pornography depicted prepubescent minors.
LaFever is scheduled to be sentenced on September 5, 2024, and faces a mandatory minimum of 15 years and up to 30 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine. LaFever also owes restitution, in an amount to be determined by the Court, and must register as a sex offender.
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 West Virginia State Police.
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 brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-199.
###
U.S. Attorneys to Host Financial Crimes ConferenceRead the Press Release
CHARLESTON, W.Va. – Financial professionals throughout West Virginia will gather next week to learn about the latest trends in economic crimes and how to prevent them from occurring.
United States Attorney Will Thompson of the Southern District and United States Attorney William Ihlenfeld of the Northern District will host the Mountain State Bank Secrecy Act and Anti-Money Laundering Conference on Tuesday, June 11. Federal prosecutors and agents will make presentations during the day-long event about romance schemes, elder financial abuse, and how drug traffickers and human traffickers launder money.
“West Virginia has one of the nation’s oldest populations per capita and we tend to be trusting and take others at their word. That makes the state a target-rich environment for financial scams,” said United States Attorney Thompson. “This is an excellent opportunity to educate financial professionals so they can recognize fraudulent schemes and financial abuse and help us prevent this form of harm to West Virginians.”
“Criminals use our nation’s financial systems to move the money generated by their illegal acts,” said United States Attorney Ihlenfeld. “This conference will provide those on the frontlines with the information needed to identify suspicious activity and with guidance on how to respond.”
The conference will take place at WesBanco Bank in Wheeling, City National Bank in Charleston, and virtually on WebEx. It is open to all employees of financial institutions subject to the Bank Secrecy Act, including banks, credit unions, casinos, securities dealers, and money service businesses.
Registration is required and may be completed by emailing jeana.gattesco@usdoj.gov on or before June 7.
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.
###
Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Chidi Anthony Okafor, 26, of Charleston, pleaded guilty today to distribution of 50 grams or more of methamphetamine.
According to court documents and statements made in court, on October 31, 2022, Okafor sold approximately 338.3 grams of methamphetamine to a confidential informant in Charleston.
Okafor is scheduled to be sentenced on September 11, 2024, and faces a mandatory minimum of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release, and a $10 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT) and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI). MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorneys Alexander A. Redmon and Ryan A. Keefe 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-75.
###
Two Detroit Men Sentenced to Prison for Roles in Huntington Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Today, Talon Aaron McIntosh, also known as “Trey” and “T,” 28, of Detroit, Michigan, was sentenced to eight years and one month in prison, to be followed by three years of supervised release, and Mario Alonzo Pettway III, also known as “Mike,” 23, of Detroit, was sentenced to six years in prison, to be followed by three years of supervised release, each for distribution of a quantity of mixture and substance containing methamphetamine. Both men admitted to their roles in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Huntington area.
According to court documents and statements made in court, on February 3, 2023, McIntosh sold a half-pound of methamphetamine for $1,000 to a confidential in Huntington. McIntosh admitted to that transaction and to selling approximately 439 grams of methamphetamine to a confidential informant for $2,000 in Huntington on September 7, 2023.
On October 3, 2023, Pettway sold approximately 2 ounces of methamphetamine to a confidential informant for $200 in Nitro. Pettway admitted to that transaction and to selling a total of approximately 8 grams of fentanyl to the confidential informant in St. Albans on three occasions between April 13, 2023, and May 2, 2023. Pettway further admitted to selling approximately 29 grams of methamphetamine to the confidential informant in St. Albans on June 26, 2023.
McIntosh and Pettway admitted that they participated in the DTO from at least February 2023 through November 2023. McIntosh and Pettway also admitted that on August 14, 2023, McIntosh arranged for Pettway to distribute approximately 55 grams of methamphetamine and 3.5 grams of fentanyl to a confidential informant in Huntington.
On November 15, 2023, law enforcement officers arrested McIntosh and Pettway and executed search warrants at two residences in Nitro. McIntosh and Pettway each admitted that the DTO conspirators used the residences to store and distribute methamphetamine and fentanyl. Officers seized approximately 206 grams of methamphetamine and a Ruger LCP .380-caliber pistol and ammunition at one of the residences, and seized 11 firearms and quantities of methamphetamine, fentanyl, and ammunition at the other residence. Pettway admitted that he possessed the firearms and intended to sell the methamphetamine and fentanyl seized at the second Nitro residence.
McIntosh and Pettway are among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit in Huntington and other locations within the Southern District of West Virginia.
McIntosh and Pettway are also among 21 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 imposed the sentences. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-180.
###
Kanawha County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Isaiah Vaniah McDade, 47, of South Charleston, was sentenced today to three years and 10 months in prison, to be followed by three years of supervised release, for distribution of a quantity of fentanyl and a quantity of methamphetamine.
According to court documents and statements made in court, between August 10, 2022 and September 16, 2022, McDade sold approximately 5 grams of fentanyl to a confidential informant over the course of five separate transactions. McDade admitted to those transactions and further admitted to selling the confidential informant a quantity of methamphetamine during the September 2, 2022 transaction and 3.46 grams of cocaine during the September 16, 2022 transaction.
From November 3, 2022 through December 2, 2022, McDade discussed the distribution of controlled substances during phone calls intercepted by law enforcement officers. McDade admitted that those intercepted discussions were of the distribution of 33.5 grams of heroin, 7 grams of methamphetamine and 30.8 grams of cocaine.
On August 17, 2023, law enforcement officers executed a search warrant at McDade’s residence and seized $5,115.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Metropolitan Drug Enforcement Network Team (MDENT), and the South Charleston Police Department. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States 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-143.
###
Hurricane Man Sentenced to Prison for Bank FraudRead the Press Release
HUNTINGTON, W.Va. – Paul Richard Spurlock, 67, of Hurricane, was sentenced today to eight months in prison, to be followed by five years of supervised release, and ordered to pay $106,500 in restitution for bank fraud. Spurlock admitted that he embezzled approximately $106,500 from a fraternal organization’s historic charitable care home by using his position as its board’s treasurer.
According to court documents and statements made in court, the Grand Lodge of the Independent Order of Odd Fellows - West Virginia had operated the Odd Fellows and Rebekah Home in Elkins beginning in the early 1900s. Over its history, the institution provided housing and care for orphans, widows, seniors and people with disabilities.
Spurlock had been the treasurer of the home’s board of directors for several years when he lost his seat on the board in October 2018. Spurlock admitted that from on or about July 8, 2015, to on or about January 22, 2019, he embezzled approximately $106,500 from the Odd Fellows Home. Spurlock falsely told his wife, who was acting as the home’s bookkeeper, that the home’s board of directors had approved a loan for their family.
Spurlock admitted that as part of his scheme, he caused an unauthorized check for $4,000 from the Odd Fellows Home’s account to be issued to his wife on January 22, 2019, and deposited into their shared Huntington bank account. Spurlock further admitted that he signed at least 33 unauthorized Odd Fellows Home checks made payable to his wife and deposited into their joint account, and used an authorized signatory’s signature stamp on each check without his wife’s knowledge.
The Odd Fellows Home closed and was auctioned off in 2022 because of financial difficulties.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Jonathan T. Storage prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-172.
###
Huntington Man Pleads Guilty to Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Javonte Dejuan Perry, also known as “Dre,” 33, of Huntington, pleaded guilty today to possession with intent to distribute fentanyl.
According to court documents and statements made in court, on March 30, 2023, Perry sold a quantity of fentanyl to a confidential informant in Huntington.
Perry is scheduled to be sentenced on September 16, 2024, and faces a maximum penalty of 20 years in prison, at least 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 Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie Taylor 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. 3:23-cr-114.
###
Pocahontas County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Jose Dominguez, 42, of Snowshoe, was sentenced today to seven years and six months in prison, to be followed by three years of supervised release, for possession with intent to distribute methamphetamine.
According to court documents and statements made in court, on August 29, 2022, law enforcement officers conducted a traffic stop of a vehicle driven by Dominguez in Beckley. During the traffic stop, a police K-9 alerted to the presence of controlled substances in the vehicle. Officers observed an open bag containing methamphetamine on the driver’s side floorboard. Dominguez admitted that he possessed the approximately 659 grams of methamphetamine found in the bag, that he had just acquired the controlled substance and that he intended to distribute it within the Southern District of West Virginia.
Dominguez has a long criminal history that includes a dozen prior convictions including six convictions for drug-related offenses in California and Florida.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Beckley/Raleigh County Drug and Violent Crime Unit, the Beckley Police Department, and the Raleigh County Sheriff’s Office. The Beckley/Raleigh County Drug and Violent Crime Unit consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Office, and the Beckley Police Department.
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. 5:23-cr-15.
###
U.S. Attorney Will Thompson to Announce Guilty Plea by Former Williamson Mayor and Hospital CEORead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson will join with law enforcement officials on Thursday, May 30, 2024, at 4 p.m. for a press conference to discuss the guilty plea scheduled earlier in the afternoon in U.S. vs. Charles Hatfield.
WHAT: Press Conference for U.S. vs. Charles Hatfield
WHEN: Thursday, May 30, 2024, at 4 p.m.
WHERE: Front Plaza, Robert C. Byrd U.S. Courthouse, Charleston
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.
###
Former Williamson Memorial Hospital CEO Pleads Guilty to Federal Theft CrimeRead the Press Release
CHARLESTON, W.Va. – Charles Hatfield, 61, of Williamson, pleaded guilty today to theft or bribery concerning programs receiving federal funds. Hatfield, who recently resigned as mayor of Williamson, admitted that while chief executive officer of Williamson Memorial Hospital he stole $34,872.62 in hospital funds for personal use and without authorization.
According to court documents and statements made in court, Hatfield became the hospital’s interim CEO in September 2018. As CEO, Hatfield had control over the hospital’s finances and bank accounts, directed payments of the hospital’s funds, and had custody and control of the hospital’s checkbook. Hatfield was the permanent CEO when he was relieved of those duties in September 2019. Around that time, on Oct. 21, 2019, the rural, 76-bed hospital filed for bankruptcy.
On May 16, 2019, Hatfield directed that $9,197.62 in hospital funds be used to purchase a cashier’s check made payable to an individual at Venice Sands Apartments-Argus Management of Venice in Florida. Hatfield admitted that he used the hospital funded-check to settle a personal lawsuit demanding the payment of delinquent real estate taxes and homeowners’ fees he owed for personal condominium property he owned in Venice.
On September 25, 2019, Hatfield directed the transfer of $25,675 in hospital funds to Mid Mountain Properties, a real estate company owned and operated by Hatfield. The transaction occurred just days prior to Hatfield being relieved as CEO, and shortly before the hospital filed for bankruptcy. Hatfield admitted that he was aware that the hospital could not appropriately fund its employee benefits programs, including retirement and healthcare plans at the time he directed the transfer. Hatfield further admitted to telling his business partners that he used the transferred funds to pay a personal obligation.
Hatfield also admitted that he never requested or received authorization from the hospital’s board of directors or anyone else at the hospital to direct the payments from the hospital to himself.
Hatfield is scheduled to be sentenced on September 12, 2024, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine. Hatfield also owes $34,872.62 in restitution.
“Charles Hatfield abused a position of trust and diverted funds for personal gain from a community hospital at a time when he knew the hospital and its employees were financially vulnerable,” said United States Attorney Will Thompson. “I commend the Federal Bureau of Investigation (FBI), the West Virginia State Police-Bureau of Criminal Investigation (BCI), the United States Secret Service, the U.S. Department of Labor- Employee Benefits Security Administration (EBSA) and investigator Steve Rowley in this office for their investigative work, and Assistant United States Attorney Andrew J. Tessman for the prosecution of this case.”
United States District Judge Irene C. Berger presided over the hearing.
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-74.
###
Charleston Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Cory Thomas, 33, of Charleston, pleaded guilty today to possession of prepubescent child pornography.
According to court documents and statements made in court, on February 7, 2024, law enforcement officers executed a search warrant at Thomas’ residence in Charleston and seized his cell phone and other electronic devices. An analysis of the electronic devices revealed numerous digital image and video files of child pornography.
Thomas is scheduled to be sentenced on September 12, 2024, and faces a maximum penalty of 20 years in prison, at least five years of supervised release, and a $250,000 fine. Thomas must also register as a sex offender.
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).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-43.
###
Huntington Man Sentenced to Prison for Aggravated Identity TheftRead the Press Release
HUNTINGTON, W.Va. – George West, 53, of Huntington, was sentenced today to two years in prison, to be followed by one year of supervised release, and ordered to pay $14,456.45 in restitution and forfeit $14,456.45 for aggravated identity theft.
According to court documents and statements made in court, on January 12, 2022, West was employed by a Huntington business when he forged the name of the business’s owner on a $780 check that West wrote on the business’s bank account. West gave the forged check to his then-roommate for rent that West owed. West admitted that he was not authorized to write the check or to sign it with the owner’s name, and that he was not entitled to the money. West further admitted that he falsely told the roommate that the check represented money owed by the business owner to West, and that the owner made the check payable to the roommate to cover West’s debt.
West also stole two checks from the roommate, writing each for $780 to pay two month’s worth of rent and signing them with his roommate’s name. West admitted that he was not entitled to that money, and that he knew that his roommate had not authorized him to write the checks or sign them in his name.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Huntington Police Department, and the Charleston Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Jonathan T. Storage prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-89.
###
Chicago Man Sentenced to Prison for Federal Drug CrimesRead the Press Release
BECKLEY, W.Va. – Rory Divaughn Spells, 36, of Chicago, Illinois, was sentenced today to eleven years and seven months in prison, to be followed by three years of supervised release, for possession with intent to distribute a quantity of fentanyl and a quantity of methamphetamine.
According to court documents and statements made in court, on September 28, 2022, law enforcement officers executed a search warrant at a residence near Beckley. Officers found quantities of fentanyl, a substance containing methamphetamine and $8,245. Spells admitted that he was mixing and preparing fentanyl for distribution in the residence’s kitchen at the time the search warrant was executed. Spells further admitted that the cash represented proceeds of previous drug trafficking activity.
Co-defendant Lorenzo B. Herbert, 34, of Beckley, was sentenced on March 14, 2024, to 10 years in prison, to be followed by four years of supervised release, after pleading guilty to possession with intent to distribute 40 grams or more of fentanyl and 50 grams or more of a mixture containing methamphetamine.
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), the Beckley/Raleigh County Drug and Violent Crime Unit, the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Metropolitan Drug Enforcement Network Team (MDENT), FBI Chicago, and the Chicago Police Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-72.
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Gregory D’Arquaes Zander, 35, 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 11, 2024, law enforcement officers conducted a traffic stop of a vehicle in which Zander was a passenger and a second vehicle, a blue truck, on Interstate 77 North near the Kanawha County-Jackson County line. Officers found a rifle case in the blue truck containing six firearms: a Smith & Wesson model M&P 10mm M2.0 10mm pistol, a Springfield Armory model DS Prodigy 9mm pistol, a Smith & Wesson model M&P 9 9mm pistol, a Kimber model Rose Gold Ultra II .45-caliber ACP pistol, a Glock model 17 Gen 4 9mm pistol, and a CMMG model MK4, 5.78x28mm pistol. Officers also found a wallet in the blue truck containing Zander’s state identification card and birth certificate and receipts for the purchase of two of the firearms.
The receipts listed the driver of the blue truck as the purchaser. The driver told investigators that Zander paid him to drive the blue truck to Michigan and directed him to place the rifle case in that vehicle earlier that day while it was parked outside two adjacent apartments maintained by Zander in Charleston. The driver also admitted that he purchased several firearms for Zander at Zander’s direction and with money provided by Zander, and transported the firearms to one of Zander’s Charleston apartments after each purchase.
Investigators established that Zander had accompanied the driver during the purchase of the four other seized firearms and wore one of the firearms on his ankle during a purchase.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Zander knew he was prohibited from possessing firearms because of his prior felony conviction for possession with intent to deliver a controlled substance, methamphetamine, in Kanawha County Circuit Court on September 22, 2021.
Zander is scheduled to be sentenced on August 22, 2024, 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 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.
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-55.
###
U.S. Attorney Will Thompson Commends the Release of Framework for Prosecutors to Strengthen National Response to Sexual Assault and Domestic ViolenceRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson commends the announcement of the Department of Justice’s new resource for prosecutors, “Framework for Prosecutors to Strengthen Our National Response to Sexual Assault and Domestic Violence Involving Adult Victims.”
The announcement was made on Monday, May 20, 2024, in Dallas, Texas, at the Conference on Crimes Against Women by Rosemarie Hidalgo, Director of the Office on Violence Against Women (OVW). The guide, written by prosecutors for prosecutors, sets out five principles that, if implemented, will lead to better outcomes for victims, safer communities, and greater accountability for perpetrators of sexual assault and domestic violence.
“The framework announced today reaffirms our commitment to expanding access to justice for all survivors, who deserve respect and the right to be heard,” Hidalgo said. “Enhancing the prosecution response to sexual assault and domestic violence in a trauma-informed manner is a key piece in ending gender-based violence, as part of a broader coordinated community response that includes services and support for survivors, and can have a real, immediate impact on the safety of survivors and entire communities.”
“This guide is a welcome resource for prosecutors at all levels of government, and goes to the heart of our primary obligation to the Constitution, to the rule of law, and to see that justice is done,” Thompson said. “In clear language informed by decades of expertise, insight and experience, it offers a blueprint for a stronger, consistent, and more effective response to these crimes.”
Declinations of meritorious allegations may result from misconceptions about how crimes involving sexual assault and domestic violence are committed and reported, how victims give their accounts, and the evidence required to prove their accounts. This guide equips prosecutors to build provable cases by: (1) relying on the evidentiary value of the victim’s account to frame the investigation; (2) meeting with victims and working with investigators and victim specialists to do so; (3) using the law and evidentiary rules effectively; (4) being thoughtful about what justice and accountability look like; and (5) sustaining a productive, healthy, and committed workforce by redefining success– all of which are rooted in a prosecutor’s primary obligation to seek the truth and uphold the U.S. Constitution and the rule of law.
“As the state sexual assault coalition, the West Virginia Foundation for Rape Information and Services (WVFRIS) applauds the efforts of the U.S. Department of Justice to assist prosecutors in holding offenders accountable in cases of sexual assault and domestic violence,” said WVFRIS Executive Director Nancy Hoffman. “This is particularly timely in West Virginia, as our state Sexual Assault Kit Initiative has completed the processing of thousands of sex crime kits that had not been submitted for testing. With DNA results and hundreds of matches in CODIS, this project is now in the process of supporting local law enforcement officers in investigating and prosecuting those cases. Strengthening prosecution efforts will be the final step in providing justice for the victims each case represents.”
More than 120 state, Tribal, military, and federal prosecutors, as well as advocates, academics, and investigators from an array of jurisdictions were consulted in developing this guide. This guide is designed to encourage prosecutors with all levels of experience to implement its principles when evaluating, investigating, and prosecuting allegations involving sexual assault and domestic violence. In conjunction with this guide, OVW launched a new webpage with resources designed to assist prosecutors in implementing the guide and its principles. This guide further serves as a complement to the Justice Department’s 2022 updated guidance on Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias.
OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW funds national training and technical assistance and undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
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.
###
Huntington Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Amy Lynn Carter, 40, of Huntington, was sentenced today to six years and 15 days in prison, to be followed by four years of supervised release, for possession with intent to deliver 5 grams or more of methamphetamine.
According to court documents and statements made in court, on January 20, 2021, Carter was a passenger in a vehicle parked at a Barboursville convenience store when a law enforcement officer approached the vehicle. The officer observed drug paraphernalia in plain view within the vehicle. A police K-9 alerted to the presence of controlled substances in the vehicle. Officers searched the vehicle and found 19 grams of a heroin and fentanyl mixture, more than 242 grams of methamphetamine and $10,300. Carter admitted that she possessed the seized methamphetamine and intended to distribute it. Carter further admitted that she intended to buy approximately 8 pounds of methamphetamine in Ohio with the cash found in the vehicle for distribution within the Southern District of West Virginia.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the Cabell County Sheriff’s Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-19.
###
Huntington Man Pleads Guilty to Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Tyson Davis Sr., 45, of Huntington, pleaded guilty today to distribution of fentanyl.
According to court documents and statements made in court, on June 14, 2023, Davis sold approximately 2.93 grams of fentanyl to a confidential informant while in a parked vehicle in Huntington. Davis admitted to the transaction.
Davis is scheduled to be sentenced on September 3, 2024, 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), the Cabell County Sheriff's Office, and the Drug Enforcement Administration (DEA).
United States District Judge Robert C. Chambers 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. 3:24-cr-23.
###
Huntington Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Quintez Robert Kilgore, also known as “Cortez Robert Jackson,” 28, of Huntington, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on November 6, 2023, law enforcement officers encountered Kilgore on the 200 block of Olive Street in Huntington while searching for a fugitive. Kilgore admitted that he possessed a Glock Model 33 .357-caliber pistol that he placed underneath a nearby vehicle to conceal it as the officers approached him. The officers saw Kilgore’s attempt to hide the firearm and seized it. Kilgore admitted that he also possessed 12.64 grams of cocaine base, also known as “crack,” and 9.78 grams of fentanyl that the officers found and seized. Kilgore further admitted that he intended to distribute the seized controlled substances.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kilgore knew he was prohibited from possessing a firearm because of his prior felony convictions for possession with intent to distribute a controlled substance in Cabell County Circuit Court on October 12, 2017, and being a person prohibited from possessing firearms in Wayne County Circuit Court on January 8, 2020.
Kilgore is scheduled to be sentenced on September 3, 2024, 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 United States Marshals Service (USMS) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams 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. 3:24-cr-6.
###
Ohio Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Antione Terren Glanton, also known as “Twan” and “T,” 46, of Columbus, Ohio, was sentenced today to seven years in prison, to be followed by three years of supervised release, for distribution of methamphetamine and cocaine base, also known as “crack.”
According to court documents and statements made in court, on October 27, 2022, Glanton sold approximately 27.5 grams of methamphetamine and a quantity of crack to a confidential informant in the area of the 2500 block of Washington Boulevard in Huntington. Glanton admitted to the transaction and to arranging it with the confidential informant beforehand.
Glanton further admitted to selling approximately 2.7 grams of crack to the confidential informant in the area of the 200 block of Olive Street in Huntington on October 24, 2022, and to selling approximately 2.9 grams of crack and 1.3 grams of fentanyl to the confidential informant on the 2500 block of Washington Boulevard in Huntington on January 5, 2023.
On January 11, 2023, law enforcement officers executed a search warrant at Glanton’s Marcum Terrace residence in Huntington and found approximately 15 grams of crack, 32 grams of fentanyl, a quantity of heroin, digital scales, fentanyl test strips and $501. Officers also found a loaded Glock 19 9mm pistol and a loaded Smith & Wesson 9mm pistol in Glanton’s possession. Glanton admitted that he possessed the seized crack, fentanyl and heroin and intended to distribute the controlled substances.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Violent Crime and Drug Task Force and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Courtney L. Finney and 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. 3:23-cr-113.
###
Mason County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – James Franklin Will III, 42, of Point Pleasant, was sentenced today to three years and nine 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 15, 2023, law enforcement officers encountered Will while responding to reports of a suspicious person at a Point Pleasant residence. The residents told officers that Will had entered their home with two firearms. Officers recovered a loaded Sig Sauer AR-15 .223-caliber rifle and a Smith & Wesson .22-caliber revolver at the residence. Will admitted to possessing the firearms.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Will knew he was prohibited from possessing a firearm because of his prior felony convictions for attempt to commit a felony on December 7, 2015, and conspiracy on November 13, 2017, both in Mason County Circuit Court, and for unlawful possession of a deadly weapon by a felon in Wood County Circuit Court on April 16, 2021.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Point Pleasant Police Department and the Mason County Sheriff’s Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-148.
###
Huntington Man Pleads Guilty to Violating Federal Sex Offender Registration and Notification ActRead the Press Release
HUNTINGTON, W.Va. – Andrew Nicholas-Scott Titus, 33, of Huntington, pleaded guilty today to 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, in June 2023, Titus relocated from Michigan to Lavalette, West Virginia. In October 2023, Titus relocated from Lavalette to Huntington, where he lived in a residence with four minor children. Titus failed to register or update his registration as required by SORNA after each relocation.
Titus is required to register as a sex offender and comply with SORNA because of his prior convictions for gross indecency between a male and female on March 21, 2022, and for distributing obscene materials to a minor on August 6, 2015, both in Wexford County, Michigan, Circuit Court.
Titus is scheduled to be sentenced on September 3, 2024, and faces a maximum penalty of 10 years in prison, 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 United States Marshals Service (USMS).
United States District Judge Robert C. Chambers 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. 3:24-cr-26.
###
Boone County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Kevin Wayne Britton, 54, of Danville, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on September 1, 2023, Britton possessed a Savage model 67F 12-gauge shotgun and a Hoban Manufacturing model 45 .22-caliber rifle in the South Charleston area.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Britton knew he was prohibited from possessing firearms because of his prior felony conviction for obstruction of justice in United States District Court for the Southern District of West Virginia on November 15, 2012.
Britton is scheduled to be sentenced on August 21, 2024, 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).
Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Troy D. Adams 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-30.
###
Former FCI Beckley Correctional Officer Sentenced to Prison for Contraband CrimeRead the Press Release
BECKLEY, W.Va. – Cody Adam Bays, 32, of Beaver, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, for providing contraband to an in inmate of a federal prison.
According to court documents and statements made in court, between November 7, 2022, and February 14, 2023, Bays was a correctional officer at Federal Correctional Institution (FCI) Beckley when he provided contraband items to FCI Beckley inmates. Bays admitted that he provided various controlled substances including suboxone, marijuana, synthetic marijuana and tobacco. Bays also attempted to smuggle fentanyl into FCI Beckley but sampled the substance, which led to a serious overdose.
Bays admitted that he profited from this illicit activity in the amount of $20,800. Bays received approximately $5,000 for the suboxone, $4,000 for the fentanyl substance, $3,500 for the synthetic marijuana and $2,000 for the marijuana.
Bays was paid in cash or through financial mobile applications. By accepting these illicit payments, Bays became part of a multi-state drug trafficking criminal enterprise that engaged in a complex system of electronic money transfers to facilitate the sale of illegal drugs in the federal prison system.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Justice-Office of Inspector General (DOJ-OIG).
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Brian D. Parsons 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. 5:23-cr-165.
###
Beckley Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Eric I. Day, 53, of Beckley, was sentenced today to five 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 August 21, 2021, law enforcement officers responding to reports of an altercation on South Huber Street in Beckley encountered Day and his girlfriend. The officers recovered a Lorcin model .380-caliber handgun from the waistband of Day’s shorts.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Day knew he was prohibited from possessing a firearm because of his prior felony conviction for first-degree robbery in Raleigh County Circuit Court on May 16, 2017.
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 Beckley Police Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess 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. 5:22-cr-86.
###
U.S. Attorney Will Thompson Recognizes National Police Week with Memorial Ceremony and Grant Award VisitRead the Press Release
CHARLESTON, W.Va. – In honor of National Police Week, United States Attorney Will Thompson is recognizing the service and sacrifice of federal, state and local law enforcement.
“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”
In the Southern District of West Virginia, Thompson participated in a wreath-laying and awards ceremony honoring law enforcement at Parkersburg City Hall on Monday, May 13, 2024. Thompson was also the event’s guest speaker.
“Law enforcement represents the community,” Thompson said. “They’re part of the community. They’re the first call when anyone in the community is in trouble. Their jobs are not easy jobs. The fact that the community came out in such strong numbers today is an incredible display of support.”
On Tuesday, May 14, 2024, Thompson joined with Bluefield Police Chief D. M. Dillow Jr. and other community partners to celebrate a $450,000 U.S. Department of Justice grant awarded to the City of Bluefield. The grant was awarded through DOJ’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) and its Building Local Continuums of Care to Support Youth Success initiative. Its funding will help strengthen The Wade Center, Camp Mariposa of Southern West Virginia, and other youth-serving programs to expand after-school, summer learning, and enrichment opportunities for Mercer County young people.
The Bluefield Police Department and the nonprofit Community Connections Inc. are active partners of The Wade Center as it provides educational, mentoring and other services to youth at risk of becoming involved in the juvenile justice system.
“This is an excellent example of how an ounce of prevention is worth a pound of cure,” Thompson said. “The benefit to the community is incredible and National Police Week offers a great opportunity to highlight the role of our law enforcement partners in such outreach initiatives.”
This year’s National Police Week is observed from Saturday, May 11 through Friday, May 17, 2024. In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe.
The names of 282 officers killed in the line of duty were added to the National Law Enforcement Officers Memorial in 2024. On Monday, May 13, 2024, those names were read during the 36th Annual Candlelight Vigil held on the National Mall in Washington, D.C. The names include that of West Virginia State Police Sgt. Cory Steven Maynard and West Virginia Division of Probation Services Officer Steven Paul Gitlin II.
To view a recording of the livestream of this event, visit https://www.youtube.com/live/_AJEOg_3npQ?si=18ApdMCWLRVQmCLx.
The complete 2024 Roll Call of Heroes is available at https://nleomf.org/memorial/facts-figures/roll-call-of-heroes/.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
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.
###
Kanawha County Man Pleads Guilty to Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Travell Lamar Johnson, 45, of Big Chimney, pleaded guilty today to distribution of fentanyl.
According to court documents and statements made in court, on June 14, 2023, Johnson sold approximately 3.5 grams of fentanyl to a confidential informant at a Charleston gas station. Johnson admitted to the transaction and to arranging it beforehand with the confidential informant.
Johnson is scheduled to be sentenced on August 7, 2024, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Co-defendant Alexis Nicole Davis, 26, of Charleston, pleaded guilty on May 2, 2024, to possession with intent to distribute fentanyl and awaits sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit and the Metropolitan Drug Enforcement Network Team (MDENT).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Alexander A. Redmon 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. 2:23-cr-177.
###
Raleigh County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Justin L. Saunders, 33, of Mabscott, pleaded guilty today to 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 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.
Saunders is scheduled to be sentenced on September 6, 2024, 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 Raleigh County Sheriff's Office.
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorneys Brian D. Parsons and Andrew D. Isabell are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-185.
###
Former West Virginia Official Sentenced for Making False StatementRead the Press Release
CHARLESTON, W.Va. – Timothy Priddy, 49, of Buffalo, West Virginia, was sentenced today to one year of federal probation for making a false statement. Priddy admitted that he lied to federal investigators about the verification of invoices for COVID-19 testing that he certified for payment while an official with the West Virginia Department of Health and Human Resources (WVDHHR).
According to court documents and statements made in court, in the summer of 2021, a federal investigation was initiated to determine whether the State of West Virginia had been defrauded of federal funds allocated for COVID-19 testing and mitigation services. Investigators focused on one vendor that had submitted invoices approved by Priddy for payments exceeding $34,000,000. Priddy approved the invoices while deputy director of WVDHHR’s Center for Threat Preparedness. The vendor submitted the invoices under WVDHHR programs for providing COVID-19 testing services to West Virginia schools and Emergency Medical Services providers.
On August 2, 2022, federal agents interviewed Priddy, who by then was director of the Center for Threat Preparedness, at his WVDHHR office. Priddy explained in detail how he and WVDHHR staff would verify the invoices before approving them. Priddy’s explanation was false. Neither Priddy nor other WVDHHR staff ever verified the invoices before Priddy approved payment.
On September 8, 2022, Priddy testified before a federal grand jury and repeated his false claim of having personally verified or directing WVDHHR staff to verify the invoices prior to approving payment.
Priddy’s false statements made it difficult, if not impossible, for investigators to ascertain whether the vendor had provided the services for which it had been paid. The investigation continued for over two years, requiring the expenditure of tremendous manpower and other resources. Investigators found no evidence that Priddy colluded with the vendor or received financial or other personal benefits in exchange for approving the vendor’s invoices.
“The investigation revealed Mr. Priddy’s appalling failure to make any effort to assure that public funds were properly expended,” said United States Attorney Will Thompson. “Significant questions remain regarding the legitimacy of the vendor’s invoices, but there is no evidence that Mr. Priddy lied to protect the vendor or further its business. Instead, it appears that Mr. Priddy lied to hide his own dereliction of duty.”
Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the U.S. Postal Inspection Service, the Internal Revenue Service-Criminal Investigation (IRS-CI), and the West Virginia Legislature’s Commission on Special Investigations.
“Shamelessly manipulating financial relief systems for personal gain, lying about it despite being given ample opportunity to tell the truth, and doing so while being in a position that is supposed to serve the best interests of the public is something the FBI will not stand for,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI and our partners stand firm in our resolve to root out financial fraud and abuse, no matter who the individual is or what position they may hold.”
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorneys Joshua Hanks, Holly Wilson and Kathleen Robeson and former Assistant United States Attorney Philip Wright 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-162.
###
Charleston Man Sentenced to 20 Years in Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Che Dushon Lark, 48, of Charleston, was sentenced today to 20 years in prison, to be followed by three years of supervised release, for possession with intent to distribute heroin and methamphetamine.
According to court documents and statements made in court, on March 6, 2020, law enforcement officers responded to reports of a vehicle parked without permission in a private driveway on Charleston’s West Side. Officers encountered Lark slumped over in the vehicle’s driver’s seat, and observed a package on Lark’s lap containing 4.4 grams of methamphetamine and 11.2 grams of a mixture of heroin and methamphetamine.
Officers removed the package from the vehicle. As officers attempted to remove Lark from the vehicle, he drove off and fled at a high rate of speed through narrow streets. Lark struck and fatally injured Heather Ross of Charleston with his vehicle as she was escorting her four children to their bus stop for school. Lark abandoned his vehicle following the hit-and-run and fled on foot.
On June 11, 2020, law enforcement officers captured Lark in a residence in Chillicothe, Ohio, where he was found hiding in the attic under insulation. Lark possessed a fake Michigan driver’s license, gave officers a false name and did not have the consent of the property owner to be in the residence.
In early 2021, Lark used various third parties to distribute drugs, coordinating those distributions by cell phone. On February 23, 2021, Lark’s girlfriend sold approximately 12 grams of methamphetamine to a confidential informant after setting up the sale by cell phone. On March 4, 2021, Lark coordinated the sale of a quantity of fentanyl by Rebecca Dunlap, an associate of Lark’s, to a confidential informant.
On March 17, 2021, Dunlap drove from Charleston to Columbus, Ohio, to pick up controlled substances for Lark. Dunlap was stopped by law enforcement officers on her way back to Charleston with approximately 799 grams of methamphetamine and 200 grams of fentanyl. Dunlap admitted that she made that trip to Columbus to pick up drugs for Lark and further admitted that she delivered drugs to Lark from Columbus on two other occasions.
Dunlap, 48, of Charleston, pleaded guilty on September 2, 2021, to traveling in interstate commerce to promote, carry on, and facilitate a methamphetamine and fentanyl drug conspiracy, and awaits sentencing.
Lark has a long criminal history that includes at least nine prior convictions in Michigan, Minnesota, Tennessee and West Virginia, including four convictions for controlled substances-related offenses and three for fleeing from law enforcement.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department, the Drug Enforcement Administration (DEA) and the Metropolitan Drug Enforcement Network Team (MDENT), and the assistance provided by the West Virginia State Police. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorneys Brian D. Parsons and Nowles Heinrich 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. 2:21-cr-84.
###
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Timothy Jarrett Brown, 43, of Charleston, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on June 24, 2023, a law enforcement officer conducted a traffic stop of a vehicle 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 and a Smith & Wesson model SW40VE .40-caliber semiautomatic pistol and 9mm ammunition in the vehicle.
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.
Brown is scheduled to be sentenced on September 5, 2024, 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 Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Alexander A. Redmon 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. 2:23-cr-203.
###
Beckley Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Jalen O. Thomas, 26, 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 27, 2023, law enforcement officers executed a search warrant at a Beckley residence where Thomas was staying. During the search, officers seized a Smith & Wesson model SD9VE 9mm semiautomatic handgun, a Glock model 17 Gen 5 9mm semi-automatic handgun with an extended magazine, and a Taurus .38-caliber revolver. Thomas admitted to possessing the seized firearms.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Thomas knew he was prohibited from possessing a firearm because of his prior conviction for felony fleeing in Cabell County Circuit Court on May 11, 2018.
Thomas is scheduled to be sentenced on September 13, 2024, 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 U.S. Postal Inspection Service 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.
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-197.
###
Beckley Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Davon Jamir Linder, 24, of Beckley, pleaded guilty today to distribution of methamphetamine.
According to court documents and statements made in court, on February 27, 2023, Linder sold a controlled substance containing methamphetamine to a confidential informant in Beckley. Linder admitted to the transaction.
Linder is scheduled to be sentenced on September 13, 2024, 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) 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.
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-171.
###
Statement from United States Attorney Will ThompsonRead the Press Release
CHARLESTON, W.Va. – The United States Attorney’s Office for the Southern District of West Virginia and its partners have concluded an investigation involving now-former Kanawha County Commissioner W. Kent Carper. The investigation uncovered significant allegations of concern. It also found that Carper had significant health issues that could have had an impact on his actions relevant to the investigation. As a result, a decision has been made to end the investigation without taking further action, United States Attorney Will Thompson announced today.
In general, the U.S. Department of Justice does not publicly announce investigations or investigative findings. Department of Justice policy allows exceptions in certain circumstances, including when the issue under investigation has already received significant publicity. The U.S. Attorney’s Office for the Southern District of West Virginia follows Department of Justice policy and regulations when deciding which investigations and investigative findings to announce publicly.
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.
###
Wyoming County Man and Raleigh County Woman Plead Guilty to Evading Financial Reporting RequirementsRead the Press Release
BECKLEY, W.Va. – Merrick Rice, 43, of Mullens, and Miranda Aliff, 32, of Rock Creek, each pleaded guilty today to structuring transactions with one or more domestic financial institutions. Each admitted to structuring bank deposits of illicit drug proceeds to evade currency transaction reporting requirements.
According to court documents and statements made in court, beginning in or around mid-2019 Rice and Aliff, both then in a romantic relationship, became involved in a conspiracy to distribute marijuana and other controlled substances in and around Mullens. Aliff admitted that Rice obtained the marijuana in wholesale quantities from Jack Paskin, 33, of Cleveland Heights, Ohio, who caused the marijuana to be shipped to them from various sources in California, Oregon and elsewhere.
On March 2, 2020, Rice created She Paints Quite a Lot LLC, a single-member limited liability corporation, with the West Virginia Secretary of State. Aliff was listed as the LLC’s sole member. On March 3, 2020, Paskin, Rice and Aliff traveled to the Beckley branch of domestic financial institution where they opened a business bank account in the name of the LLC. Paskin and Aliff were listed as signers on the bank account.
Rice and Aliff admitted that the LLC had no legitimate business purpose. Rice and Aliff further admitted that the LLC was created to transfer the proceeds of the marijuana distribution conspiracy from them to Paskin. Beginning on March 17, 2020 and continuing through August 13, 2020, Rice, Aliff and others connected to this conspiracy made cash deposits of less than $10,000 in the LLC’s bank account at the Beckley branch. The deposits were made in 27 transactions and totaled $228,000. Rice and Aliff admitted that these transactions were specifically designed to avoid currency reporting requirements. Financial institutions are required to report cash deposits of more than $10,000, and federal law prohibits structuring multiple cash deposits to avoid this reporting requirement. Rice and Aliff further admitted that the $228,000 consisted of proceeds from the conspiracy to distribute controlled substances.
Rice also admitted to assisting other individuals in depositing a total of $54,000 in increments of $9,000 in the LLC’s bank account on six separate occasions between June 1, and June 23, 2020. Rice admitted that he knew the June 23, 2020, bank deposit was made in an amount that would avoid triggering the reporting requirement.
Aliff also admitted that she and Rice purchased 111 U.S. Postal Service money orders totaling $109,000 as part of a method to pay Paskin. Rice drove Aliff to different posts offices in or near Raleigh County and directed Aliff to purchase a $1,000 money order at each post office. Federal law requires the U.S. Postal Service to obtain information from the purchaser of money orders, wire transfers, and stored value cards when the dollar amount of cash purchases total $3,000 or more. Aliff admitted that Rice advised her how to structure these transactions to avoid triggering the U.S. Postal Service reporting requirements. Aliff further admitted that Rice involved another individual to travel to these posts offices and purchase the money orders.
The money orders were payable to Paskin or to Akashic Connections, a business entity established by Paskin. Once Rice had secured the necessary amount of money orders, usually totaling $8,000, he and Aliff would deposit them at Beckley bank branches into Paskin’s personal bank account or a business account in the name of Akashic Connections.
Rice and Aliff are scheduled to be sentenced on August 30, 2024, and each faces a maximum penalty of five years in prison, three years of supervised release, and a $250,000 fine.
On February 21, 2024, a federal grand jury returned an indictment charging Paskin with conspiracy to commit money laundering. Paskin awaits trial. 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 U.S. Postal Inspection Service, the Internal Revenue Service, and the Drug Enforcement Administration (DEA).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearings. Assistant United States Attorney Jonathan T. Storage is prosecuting the cases.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-66 (Rice) and 5:24-cr-65 (Aliff).
###
Greenbrier County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Grover D. Jordan, 57, of Charmco, pleaded guilty today to being a felon in in possession of a firearm.
According to court documents and statements made in court, on January 18, 2023, law enforcement conducted a traffic stop of a vehicle driven by Jordan in Fayetteville. Jordan admitted that he possessed three firearms discovered during the traffic stop: a Taurus model PT1911 .45-caliber pistol, an Armi Galesi model 9 6.35mm pistol, and a Beretta model 3032 Tom Cat .32-caliber pistol with a removed, altered or obliterated serial number.
Jordan also admitted that he possessed a Smith & Wesson .38-caliber revolver discovered during an August 20, 2023 traffic stop by law enforcement of a motorcycle he was operating in Charmco. Jordan further admitted that he possessed a Dupont electric generator, which is explosive material under federal law, discovered during the traffic stop.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Jordan knew he was prohibited from possessing a firearm because of his prior felony convictions for two counts of wanton endangerment in Raleigh County Circuit Court on March 15, 2019.
Jordan is scheduled to be sentenced on August 30, 2024, 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 Fayetteville Police Department, the Greenbrier County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorneys Brian D. Parsons and Justin Marlowe are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-29.
###
Operation Smoke and Mirrors Update: Sentencing of Charleston Man Marks Major Milestone in Takedown of Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – The recent sentencing of Jasper Wemh, 39, of Charleston, to 16 years and eight months in prison, to be followed by five years of supervised release, marks a significant milestone in a four-indictment drug trafficking organization (DTO) case that yielded the largest methamphetamine seizure in West Virginia history.
Wemh is among 27 of 32 defendants who have pleaded guilty in the case and among 20 sentenced to prison. The case is the result of a major drug trafficking investigation dubbed Operation Smoke and Mirrors in which law enforcement seized well over 400 pounds of methamphetamine as well as 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms and $935,000 in cash.
The Court cited the “dedicated and relentless” work of law enforcement in the case when sentencing Wemh. The Court also said the case represents an aggressive and ongoing effort by law enforcement to target traffickers of such “incredibly damaging” drugs as methamphetamine.
“This case is a great example of what happens when you put an outstanding team of law enforcement together,” said United States Attorney Will Thompson. “Cases such as this are made possible by everyone working together on the same team.”
“This is a clear testament to the power of collaboration between the FBI and our federal, state, and local partners. These individuals threaten the safety of our community whether it be from bringing in these poisonous drugs or from the violence often associated with the drug trade,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “We’re proud of the work our investigators conducted to seize a record amount of illegal drugs. The FBI and our partners stand committed to keeping these drugs, and those peddling them, off our streets and out of our communities.”
According to court documents and statements made in court, Wemh is responsible for over 85 pounds of methamphetamine distributed by the DTO in 2022. Wemh routinely completed transactions involving multiple pounds at a time, and sold over 20 pounds of methamphetamine during a single night on December 4, 2022.
Wemh obtained methamphetamine from his out-of-state supplier on consignment, distributing the methamphetamine to multiple customers and paying his supplier from the proceeds from distributing the supplier’s methamphetamine. Wemh made payments totaling $250,000 to a runner working on behalf of his supplier to repay his methamphetamine debts. Wemh often provided methamphetamine to his customers on consignment, knowing they were redistributing the methamphetamine he sold them.
Wemh also admitted to conspiring with other people to distribute cocaine base, also known as “crack,” that he received from his supplier on occasions prior to December 3, 2022. Wemh stored quantities of methamphetamine, crack and cocaine at a Greenbrier Street residence in Charleston. Wemh admitted that he frequently obtained these drugs from a safe in the residence, and that a pistol was kept in that safe as well.
Wemh is the lead defendant in one of the four indictments in the case, and pleaded guilty to conspiracy to distribute 50 grams or more of methamphetamine. He was sentenced on May 2, 2024. Wemh has a long criminal history that includes a prior conviction for possession with intent to distribute cocaine base in United States District Court for the Southern District of West Virginia on March 7, 2011. The Court cited Wemh’s criminal history at sentencing.
Among the other defendants sentenced to prison in the case:
- Michael Allen Roberts Jr., 41, of St. Albans, was sentenced to 14 years in prison on March 6, 2024, after pleading guilty to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine.
- Justin Allen Bowen, 41, of Charleston, was sentenced to 12 years and seven months in prison on August 31, 2023, after pleading guilty to conspiracy to distribute 50 grams or more of methamphetamine.
- Perry Johnson Jr., 30, of Dunwoody, Georgia, was sentenced to 11 years and three months in prison on April 11, 2024, after pleading guilty to conspiracy to distribute methamphetamine.
- Todd Tyler Snead, 58, of Waynesboro, Virginia, was sentenced to 10 years in prison on September 6, 2023, after pleading guilty to conspiracy to distribute 500 grams or more of methamphetamine.
- Ryan Keith Kincaid, 47, of South Charleston, was sentenced to 10 years in prison on December 8, 2023, after pleading guilty to conspiracy to distribute cocaine.
- Telisa Rene McCauley, 32, of Charleston, was sentenced to nine years in prison on November 9, 2023, after pleading guilty to conspiracy to distribute 500 grams or more of methamphetamine.
- Les Van Bumpus, 35, of Charleston, was sentenced to eight years and nine months in prison on January 22, 2024, after pleading guilty to conspiracy to distribute fentanyl.
Indictments against five 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.
Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:23-cr-4 (Wemh et al.), 2:23-cr-31 (Jeffries et al.), 2:23-cr-33 (Estep et al.) and 2:23-cr-32 (Gonzalez et al.).
###
A video of the press conference announcing this update is located on the YouTube Channel for the U.S. Attorney's Office for the Southern District of West Virginia: https://www.youtube.com/watch?v=jVBu0jOOkCk.
Huntington Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Tyson Davis II, 28, of Huntington, was sentenced today to nine years in prison, to be followed by three years of supervised release, for distribution of a quantity of a mixture and substance containing methamphetamine.
According to court documents and statements made in court, on November 8, 2021, Davis sold approximately 52 grams of methamphetamine to a confidential informant inside a vehicle on the 1600 block of Doulton Avenue in Huntington. Davis admitted to that transaction and further admitted to selling approximately 27 grams of methamphetamine to the confidential informant on November 3, 2021, in Huntington.
On November 9, 2021, law enforcement officers conducted a search of Davis’ vehicle and Fourth Street West residence in Huntington and seized approximately 399 grams of fentanyl and a loaded Glock 9mm pistol. Davis admitted that he possessed and intended to distribute the seized fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Cabell County Sheriff’s Office.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-241.
###
Charleston Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Jeren Danielle Canterbury, 34, of Charleston, was sentenced today to three years and five months in prison, to be followed by three years of supervised release, for two counts of distribution of methamphetamine.
According to court documents and statements made in court, on March 3, 2023, Canterbury sold approximately 27.84 grams of methamphetamine to a confidential informant for $230 in Nitro. Canterbury admitted to that transaction and to selling approximately 111.46 grams of methamphetamine to the confidential informant for $800 in Charleston on March 15, 2023.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-138.
###
Beckley Woman Pleads Guilty to Federal Theft CrimeRead the Press Release
BECKLEY, W.Va. – Jennifer Douglas, 48, of Beckley, pleaded guilty today to theft from federal programs.
According to court documents and statements made in court, in 2018, Douglas was the Chief Operating Officer (COO) of the Citizens Conservation Corp (CCC), a non-profit organization, when it obtained $111,221.09 from the United States Department of Interior National Park Service (NPS). As part of a cooperative agreement with NPS, CCC was supposed to use the funds it obtained to recruit, hire, place, and pay two interns who would perform work at the Olmsted Center for Landscape Preservation for 13 months.
Douglas admitted that CCC did not hire or place an intern under the task agreement for which it received the federal funds, most of which was to be used for intern wages. Douglas instead directed an accountant to draw down $108,752.60 of the obligated federal funds and intentionally misapplied those funds, by fraudulently converting them to CCC’s use. Douglas admitted that she directed that the federal funds be used for unallowable operating expenses for CCC. Douglas further admitted that she did so with the approval of and at the direction of CCC Chief Executive Officer Robert Martin.
Douglas ran CCC’s day-to-day operations as COO and was responsible for managing its various departments. All department heads reported to Douglas, and she reported only to Martin. CCC’s primary source of income from in or around 1998 until in or around the summer of 2018 had been a multimillion-dollar contract with the State of West Virginia to operate the Courtesy Patrol roadside assistance service. CCC lost the Courtesy Patrol contract in the summer of 2018.
Douglas admitted that she was aware that CCC was extremely financially unstable after CCC lost the Courtesy Patrol contract. Douglas further admitted that her position as COO gave her, in conjunction with and at the direction of Martin, the ability to fraudulently convert and intentionally misapply the federal funds for CCC’s use. Douglas also admitted that, at Martin’s direction, she drew down approximately $59,978.13 from other incomplete task agreements under the cooperative agreement with NPS and intentionally misapplied and/or fraudulently converted those funds as well.
Douglas is scheduled to be sentenced on August 30, 2024, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine. Douglas also owes $168,729.13 in restitution.
Martin, 67, of Beckley, pleaded guilty on January 12, 2024, to fraudulent receipt of property from a debtor. Martin admitted to paying himself without authorization while CEO of CCC after it filed for bankruptcy on April 3, 2019. Martin further admitted that CCC knowingly misspent the $108,752.60 received from NPS under the cooperative agreement. Martin awaits sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the U.S. Department of Interior-Office of Inspector General (DOI-OIG).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorneys Holly Wilson and Andrew D. Isabell are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-141.
###
West Virginia Ambulance Services Business Owner Convicted of Tax CrimesRead the Press Release
BECKLEY, W.Va. – After four days of trial, a federal jury convicted Christopher Jason Smyth, 48, of Pineville, on Thursday, May 2, 2024, for failing to pay the taxes withheld from employees’ wages at an ambulance service he operated and for obstructing the IRS.
According to evidence presented at trial, from 2012 through part of 2017, Smyth operated Stat EMS, LLC, an ambulance service located in Pineville, West Virginia. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.
At Stat EMS, Smyth was responsible for withholding Social Security, Medicare, and income taxes from employees’ wages and paying them to the IRS. For two quarters in 2016, Smyth, however, did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.
Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.
The jury found Smyth guilty of two counts of failing to pay over taxes for two quarters in 2016 and one count of obstructing the IRS related to its efforts to collect the unpaid taxes from Smyth. It found Smyth not guilty on the failure to pay over taxes counts related to two quarters in 2017. Smyth is scheduled to be sentenced on September 4 and faces up to up to five years in prison for each failure to pay taxes count and three years in prison for obstructing the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Will Thompson for the Southern District of West Virginia made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief David Zisserson, and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes of the Southern District of West Virginia, prosecuted the case.
United States District Judge Frank W. Volk presided over the jury trial.
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-182.
###
West Virginia Ambulance Services Business Owner Convicted of Tax CrimesRead the Press Release
BECKLEY, W.Va. – After four days of trial, a federal jury convicted Christopher Jason Smyth, 48, of Pineville, on Thursday, May 2, 2024, for failing to pay the taxes withheld from employees’ wages at an ambulance service he operated and for obstructing the IRS.
According to evidence presented at trial, from 2012 through part of 2017, Smyth operated Stat EMS, LLC, an ambulance service located in Pineville, West Virginia. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.
At Stat EMS, Smyth was responsible for withholding Social Security, Medicare, and income taxes from employees’ wages and paying them to the IRS. For two quarters in 2016, Smyth, however, did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.
Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.
The jury found Smyth guilty of two counts of failing to pay over taxes for two quarters in 2016 and one count of obstructing the IRS related to its efforts to collect the unpaid taxes from Smyth. It found Smyth not guilty on the failure to pay over taxes counts related to two quarters in 2017. Smyth is scheduled to be sentenced on September 4 and faces up to up to five years in prison for each failure to pay taxes count and three years in prison for obstructing the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Will Thompson for the Southern District of West Virginia made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief David Zisserson, and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes of the Southern District of West Virginia, prosecuted the case.
United States District Judge Frank W. Volk presided over the jury trial.
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-182.
###
U.S. Attorney Thompson and Law Enforcement Officials to Provide Update Regarding Largest Methamphetamine Seizure in West Virginia HistoryRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson will join with law enforcement officials on Monday, May 6, 2024, at 11 a.m. to provide an update regarding the ongoing major drug trafficking prosecution involving the largest methamphetamine seizure in West Virginia history.
WHAT: Update regarding major drug trafficking prosecution (“Operation Smoke & Mirrors”)
WHEN: Monday, May 6, 2024, at 11 a.m.
WHERE: Fifth floor, Robert C. Byrd United States Courthouse, Charleston
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.
###