Southern District of West Virginia

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Brooke Alexandria Kimble, 22, of Parkersburg, was sentenced to five years in federal prison for distribution of fentanyl.  The five-year sentence was a significant upward departure from the U.S. Sentencing Guideline Range. 

“We’re pleased with the upward departure from the sentencing guidelines,” said United States Attorney Mike Stuart.  “Fentanyl kills – it’s the leading cause of overdose deaths in West Virginia.  Too many families and too many kids have paid too high a price for making a terrible mistake. Excellent work by the Parkersburg Police Department and the Parkersburg Task Force.”

Kimble previously pled guilty and admitted that on January 7 and 8, 2019, while at her apartment on Avery Street in Parkersburg, Kimble sold what she believed to be heroin to a police informant.  Laboratory analysis later determined the substance was fentanyl.

In imposing the sentence, United States District Judge Joseph R. Goodwin found that Kimble also had sold fentanyl on January 5, 2019 resulting in the fatal overdose of a Parkersburg man residing on Myrtle Street.  Goodwin said that by continuing to sell fentanyl even after learning of the man’s death, Kimble lacked empathy for those suffering from addiction and acted in reckless disregard for human life.

The Parkersburg Police Department and the Parkersburg Narcotics Task Force conducted the investigation.  Assistant United States Attorney Josh Hanks handled the prosecution.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00178.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Levi Kennith Carter, 31, of Charleston, was sentenced to five years in federal prison pursuant to his previous guilty pleas to two counts of distribution of heroin, fentanyl, and methamphetamine, and one count of distribution of methamphetamine.  Following his release from prison, Carter will serve three years of supervised release. 

“31 years old and this is Carter’s third federal drug conviction,” said United States Attorney Mike Stuart.  “Maybe “three’s a charm” but if not, we’ll make it a fourth.”

Carter previously admitted that on February 28, 2020, and March 3, 2020, he met with a confidential informant working with the Charleston Police Department at an apartment complex on Renaissance Circle in Charleston.  On each occasion, he sold the informant a mixture of heroin, fentanyl, and methamphetamine.  Carter admitted that he again met with a confidential informant working with the Charleston Police Department on March 5, 2020, also at the same apartment complex, and sold the informant a quantity of methamphetamine.  Each transaction was monitored by law enforcement officers. 

Carter has two prior federal convictions in the Southern District of West Virginia for felony offenses tied to drug dealing activity, making this his third conviction.  On October 12, 2010, he was convicted of aiding and abetting the possession with intent to deliver crack cocaine, and on October 2, 2015, he was convicted of distribution of heroin.          

The Charleston Police Department conducted the investigation.   Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence.  Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.

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. 2:20-cr-00073.

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CHARLESTON, W.Va. – Yesterday United States Attorney Mike Stuart recognized the members of the Parkersburg Narcotics Task Force and officers with the Parkersburg Police Department for their outstanding work in partnership with his office.  

“The caliber of law enforcement professionals in the Parkersburg area and throughout West Virginia is impressive,” said United States Attorney Mike Stuart.  “While none of our Guardians of Justice work for the accolades, I’m honored to award their outstanding efforts and give them the recognition they truly deserve.” 

The Parkersburg Narcotics Task Force received the U.S. Attorney’s Award for Drug and Violent Crime Task Force of the Year for their work in the multi-state investigation called Project Parkersburg.   Project Parkersburg resulted in a major takedown, the dismantling of a major meth and heroin drug trafficking organization (DTO) and netted the largest meth bust in West Virginia history.  In addition to the seizure of 150 pounds of meth, law enforcement also seized 217 grams of heroin, 478 grams of fentanyl and six kilos of cocaine during the investigation. Sixteen defendants were charged by federal indictment and all but two of those defendants have been sentenced. In December 2017, law enforcement executed a search warrant at a residence in Parkersburg during which they learned that large amounts of methamphetamine were being shipped to West Virginia from Mexico.  Witness interviews, financial records, and informant information led to the identification of Parkersburg residents Terrance McGuirk, Antoine Terry, and Aurelius Edmonds as individuals with access to the methamphetamine being shipped from the southern border to locations in West Virginia and Ohio. Over several months, agents and task force officers conducted an exhaustive investigation linking the Parkersburg DTO to sources in Arizona.  On September 19, 2018, surveillance led investigators to Dayton, Ohio where Terry and Edmonds met with Arizona residents Todd Land and Troy Pastorino to pick up a large shipment of controlled substances to include more than 150 pounds of methamphetamine that had been offloaded from a truck into a rented storage unit.  Investigators observed Pastorino load the drugs into the trunk of a Dodge Charger.  Police seized the drugs after conducting a traffic stop of Pastorino.  Terry, Edmonds, and Land were arrested at a nearby business, and McGuirk was arrested at his hotel near the Dayton airport.   The Federal Bureau of Investigation (FBI) led the Project Parkersburg operation and in addition to the Parkersburg Narcotics Task Force, the Parkersburg Police Department, the Dayton, Ohio Police Department, the Arizona Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.

Lt. Pat Edelen, Sgt. Josh Snyder and Agent Kyle Barnette with the Parkersburg Police Department were each presented with the U.S. Attorney’s Award for Excellence in Pursuit of Justice for their critical roles in the case of United States v. Benjamin Lee Parsons.  The long-term investigation of Parsons began in 2016 for making threats against police and others and claiming to have interest in terrorist organizations.  In December 2015, he had worn a mask to a church service in Mineral Wells.  Later, Parsons told several witnesses at a church in Parkersburg that he was armed, that he had recently thought about shooting police, that he had been watching violent terrorist videos, and that he had communicated with foreign terrorists and discussed several “soft targets” in Wood County.  Due to the efforts of Wood County Prosecutor Pat Lefebure, Parsons was involuntarily committed to a mental hospital in February 2017.  That adjudication prohibited Parsons from possessing firearms under both state and federal law.  In October 2018, investigators learned that Parsons had acquired additional firearms, including a high-capacity semiautomatic assault rifle.  Investigators further learned that Parsons had obtained the weapon from another individual who told investigators that he had purchased it for Parsons from a licensed firearms dealer in Marietta, Ohio.  Parsons was arrested in October 2018, and soon thereafter, investigators executed a search warrant at a wooded area in Mineral Wells where Parsons had been living.  They recovered the assault rifle as well as another rifle from a locked case Parsons kept at his campsite.  The assault rifle was loaded with approximately 190 rounds of belted ammunition in a drum magazine. Investigators also located and seized 12 magazines for the other rifle loaded with 164 rounds of ammunition, 32 additional unloaded magazines, and approximately 640 rounds of 9mm and other rifle ammunition.  Parsons pled guilty to being a prohibited person in possession of firearms and is currently serving five years in federal prison.  Law enforcement officers with the Wood County Sheriff’s Department, the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were also involved in the investigation of Parsons. 

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

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HUNTINGTON W.Va. – United States Attorney Mike Stuart announced today that an Akron, Ohio man who participated in a conspiracy which saw large quantities of methamphetamine transported from Akron and distributed across the Southern District of West Virginia pled guilty today to a federal drug charge. Jordan Dewayne Jeffrey, 24, entered a guilty plea to conspiracy to distribute 50 grams or more of methamphetamine.  

“This is teamwork,” said United States Attorney Mike Stuart.  “We are shutting down drug conspiracies like this one as a result of federal, state and local law enforcement agencies working together, both within and beyond state lines.  We will disrupt the flow of drugs into West Virginia from Akron and elsewhere.”  

Jeffrey admitted that between the fall of 2018, and May of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Southern District of West Virginia.  During the conspiracy, large quantities of methamphetamine were transported from Akron to the Huntington area for distribution.  Jeffrey stayed at a residence located at 1235 25th Street in Huntington where the methamphetamine would be stored upon arrival in Huntington.  Jeffrey admitted that when customers contacted members of the conspiracy, he would meet the customers at various locations in Huntington and Charleston to deliver the methamphetamine.  For example, Jeffrey admitted that on May 20, 2019, he delivered approximately one pound of methamphetamine to a customer in Charleston after the customer contacted another member of the conspiracy and arranged the transaction. 

Jeffrey faces 5 to 40 years in federal prison when he is sentenced on January 25, 2021. 

This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI).  Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department.  United States District Judge Robert C. Chambers presided over the hearing.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.

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. 3:19-cr-00245.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart, along with Special Agent in Charge Maureen R. Dixon, United States Department of Health and Human Services, Office of Inspector General (HHS-OIG) and Special Agent in Charge Derek Pickle, United States Department of Labor, Office of Inspector General (DOL-OIG), announced that his office has settled healthcare fraud claims against Great Lakes Medical Laboratory, Inc. (Great Lakes).  Pursuant to the settlement agreement, Great Lakes will pay $1,200,737.64 to resolve allegations that the Michigan laboratory engaged in a billing scheme that defrauded Medicare and the United Mine Workers of America 1992 Benefit Plan, the 1993 Benefit Plan, and the Combined Benefit Fund (UMWA Funds) of $600,368.82.  The settlement sum is twice the actual loss resulting from the scheme. 

“$1.2 million. This settlement demonstrates my office’s commitment to protect critical Medicare dollars and union affiliated benefit plans from fraud and abuse,” said United States Attorney Mike Stuart.  “We will continue to work with HHS-OIG, DOL-OIG and others to eradicate fraud from taxpayer funded federal programs.”

Great Lakes operated a medical reference laboratory in Michigan and routinely tested urine and blood samples referred by medical providers located in West Virginia and elsewhere.  From in or about January 4, 2016 continuing into or about May 12, 2017, Great Lakes presented at least 21,732 claims to Medicare and the UMWA Funds which included separate claims for reimbursement for services which were already included in bills submitted for other laboratory services. Moreover, investigators learned that the fraudulent claims were for services that were not specifically ordered by the referring physicians, and determined that there was no indication that the services billed were actually performed.  These false claims resulted in a loss to Medicare and the UMWA Funds in the amount of $600,368.82.  As a result of the $1,200,737.64 settlement, which represents twice the actual loss suffered by Medicare and the UMWA Funds, both federal programs will be made whole. 

As part of this settlement, Great Lakes entered into a three-year Integrity Agreement (IA) with HHS-OIG.  The IA requires Great Lakes to maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicare and UMWA Funds claims. 

“Accurately billing for services provided to Medicare beneficiaries is required of all health care providers,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG will continue to work with the U.S. Attorney’s Office, DOL-OIG and all our law enforcement partners to evaluate and pursue allegations of inaccurate Medicare billings.”

“One of the primary missions of the Office of Inspector General is to investigate allegations of fraud relating to union affiliated benefit plans.  We will continue to work with our law enforcement partners to protect the financial integrity of labor unions and safeguard the assets of union members,” said Derek Pickle, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor, Office of Inspector General.

The investigation was conducted by HHS-OIG, DOL-OIG, and members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST).  ARREST is an innovative approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and health care fraud.  Assistant United States Attorneys Alan McGonigal and Jennifer Mankins handled the matter on behalf of the United States.  

United States Attorney Mike Stuart announced the formation of ARREST in February 2019.  This settlement is one of several significant results since the Team’s inception.  All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST.  Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid Task Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.

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. 

SDWVNews and USAttyStuart

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that Michael Darnell Ramsey, 47, of Rainelle, was sentenced to 135 months in prison for attempted sex trafficking of a minor. Upon release from prison, Ramsey will serve a term of 25 years of supervised release and be required to register as a sex offender.

“As a result of the hard work and dedication of my team and our federal, state and local law enforcement partners, Ramsey is being held to account for his heinous crime,” said United States Attorney Mike Stuart.  “We are working diligently to protect West Virginia children from child sex offenders like Ramsey.”

Ramsey previously pled guilty and admitted that he was communicating via Snapchat with a person he believed to be a 14-year-old minor that he had previously met in person. During these conversations, Ramsey offered to pay the 14-year-old $200 to engage in two sexual acts. On April 3, 2020, Ramsey traveled to a meeting location in Greenbrier County to meet the minor to engage in the commercial sex acts, at which time he was placed under arrest. 

The West Virginia State Police, the Greenbrier County Sheriff’s Department, and the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force conducted the investigation.   United States District Judge Frank W. Volk imposed the sentence.  Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-0070.

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BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that Devon Lamar Lockridge, 34, of Detroit, Michigan, pleaded guilty to possession with the intent to distribute more than 50 grams of methamphetamine.  Lockridge was charged as a result of a traffic stop in Beckley. 

“Mich-again. So many ‘Detroiters’ prosecuted in this district, we may have enough to build a new suburb. Lockridge, who made the really bad decision to smoke marijuana in a speeding taxi, had almost 800 grams of meth and 46 grams of heroin in his bag,” said United States Attorney Mike Stuart.  “This timely drug bust by law enforcement once again kept a Detroit drug dealer from peddling a significant amount of deadly drugs in our communities.”

Lockridge admitted that on August 12, 2020, he was a passenger in a taxi in Beckley that was pulled over by police for speeding.  During the traffic stop, officers smelled marijuana.  Lockridge admitted to smoking marijuana.  A drug detecting canine also indicated to the presence of controlled substances in the taxi.  Based on this information, officers searched the car.  During the search, officers found a bag belonging to Lockridge.  In the bag, officers found almost 800 grams of methamphetamine packaged in fourteen separate bags, and approximately 46 grams of heroin.  Lockridge admitted that he knew the drugs were in that bag and that he intended to distribute the drugs to others. 

Lockridge faces not less than five years and up to 40 years in federal prison and up to a $5 million fine, to be followed by at least four years of supervised release, when he is sentenced on February 5, 2021.   

Stuart commended the cooperative investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Raleigh County Sheriff’s Department, the Beckley Police Department, and the Beckley/Raleigh County Drug and Violent Crime Unit.   Each agency provided essential support throughout this investigation. 

Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution.  The plea hearing was held before United States District Judge Frank W. Volk.

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. 5:20-cr-00155.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that three felons appeared in federal court for gun crimes this week.

Jordan Kinney, 23, of Charleston, was sentenced to 100 months in prison for being a felon in possession of a firearm.  Kinney previously admitted that on June 14, 2019, he was present at the Go-Mart on Washington Street, West, in Charleston, and possessed a loaded Taurus 9mm caliber handgun, which he used to shoot approximately six times at another individual. He then fled the location and discarded the handgun in the front yard of a residence a few blocks away. The following day officers with the Charleston Police Department responded to the residence and recovered the same handgun. Ballistics information provided by NIBIN was critical to the success of the prosecution. Kinney was not allowed to possess the firearm because he had previously been convicted of robbery in the second degree. The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.  Former Assistant United States Attorney Ryan A. Saunders and Assistant United States Attorney Nowles H. Heinrich handled the prosecution.

Dakota Santonia, 24, of Marmet, was sentenced to 36 months in prison for being a felon in possession of a firearm.  His federal prison sentence will be served consecutively to a previously imposed state sentence Santonia received in Kanawha County Circuit Court for a first degree robbery conviction. Santonia previously admitted that on January 20, 2019, he knowingly possessed a stolen loaded Smith and Wesson Model 60-7 .38 special revolver and 79 rounds of ammunition in Charleston, although he knew he had been previously convicted of a felony and therefore was prohibited from possessing that weapon. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Irene C. Berger imposed the sentenced. Assistant United States Attorney Negar M. Kordestani and former Assistant United States Attorney Ryan A. Saunders handled the prosecution.

A member of the Pagans Motorcycle Club, John Brady Studenic, 33, of Parkersburg, pled guilty to being a felon in possession of a firearm. Studenic admitted that he was riding a motorcycle on 7th Street in Parkersburg when an officer with the Parkersburg Police Department attempted to perform a traffic stop on him for running a red light at the intersection of 7th Street and Park Avenue.  Once the officer activated his overhead lights and siren, Studenic fled eastbound on 7th Street toward Core Road.  In the process, he was travelling approximately 90 miles per hour in a 35 mile per hour zone.  Studenic passed multiple vehicles using either a turning lane or the oncoming lane, and ran an additional red light at the intersection of 7th Street and Fairview Avenue during the pursuit.  Eventually, he wrecked the motorcycle on Core Road and was taken into custody.  Upon being apprehended, his person was searched and a loaded Taurus 9mm semi-automatic pistol was located in his waistband.  Additional ammunition as well as approximately 20 grams of methamphetamine and a small amount of marijuana were also found in Studenic’s possession.  Studenic was not legally permitted to possess a firearm due to a previous conviction for the felony offense of malicious assault on September 22, 2010, in the Circuit Court of Wood County.  That prior conviction is the result of Studenic shooting another individual. Studenic faces up to ten years in prison when sentenced on February 4, 2021. The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).   United States District Judge Irene C. Berger presided over the hearing.  Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.

These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian. 

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. 2:19-cr-00291 (Kinney), 2:19-cr-00165 (Santonia), and 2:20-cr-00165 (Studenic).

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Joshua Wills, 31, of Bremerton, Washington, was sentenced to 23 months already served for assaulting two special agents with the United States Secret Service. Wills has remained in custody since his arrest on November 19, 2018.

“I am proud to be a champion of our law enforcement heroes.  They are brave, courageous warriors for our citizens.  Federal, state and local law enforcement put themselves in harm’s way to protect each and every one of us,” said United States Attorney Mike Stuart.  “Assaults on our Guardians of Justice will always be prosecuted by this U.S. Attorney.”

Wills previously pled guilty to assaulting, resisting or impeding federal officers.  He admitted that he intended to drive from the state of Washington to Washington, D.C. to meet the President of the United States. The U.S. Secret Service began investigating Wills after they had received reports that Wills was traveling to see the President while possessing a dangerous weapon. Two special agents with the U.S. Secret Service located Wills in a campground in St. Albans and approached him for questioning. Officers with the St. Albans Police Department arrived at the campground for assistance. Wills admitted that he became agitated by the presence of the law enforcement officers and a standoff ensued for approximately 20 minutes. When Wills was told that he was going to be taken into custody for disorderly conduct, he unsheathed and raised a three-foot long Katana sword as a show of force. After further resisting law enforcement commands, Wills was disabled by a non-lethal beanbag gun possessed by a St. Albans police officer and taken into custody.

The U.S. Secret Service and the St. Albans Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Andrew Tessman handled the prosecution.

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. 2:18-cr-00289.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Assistant United States Attorney (AUSA) Erik Goes will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming general election on November 3, 2020.  AUSA Goes has been appointed to serve as the District Election Officer (DEO) for the Southern District of West Virginia (SDWV), and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

United States Attorney Stuart said, “Every legitimate vote should be counted and every counted vote should be legitimate.  Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen.  The Department of Justice will act to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Stuart stated that AUSA/DEO Goes will be on duty in this District while the polls are open.  He can be reached by the public at the following telephone numbers: 1-800-659-8726 (800-659-USAO) or 304-345-2200, ext. 12395.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 1-800-CALLFBI (800-225-5324).

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C., by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

United States Attorney Stuart said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”

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

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Defendant fraudulently obtained health care benefits by illegally enrolling extended family members

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Edward Stephen, 61, of Baton Rouge, Louisiana, was sentenced to 24 months of probation with the condition that the first six months be served on home confinement, and a fine of $10,000, for a federal health care fraud violation.  He was also ordered to pay restitution of $108,411.59, a sum of money that Stephen has already paid over to the United States District Court Clerk to be immediately applied to the fraud loss.

“When federal workforce programs are defrauded, it comes at great cost to taxpayers,” said United States Attorney Mike Stuart.  “I appreciate the work of the U.S. Department of Transportation OIG and Office of Personnel Management OIG investigators in this case.  We will continue to work with our law enforcement partners to suss out fraud schemes, hold perpetrators accountable and seek restitution for victims.”

Stephen was a federal employee with the U.S. Department of Transportation Federal Highway Administration.  As a federal employee, he was eligible for health insurance provided by the federal government.  Stephen fraudulently enrolled extended family members into his federal health care plan, knowing they were not eligible for federal health care benefits.  Specifically, Stephen enrolled his sister as though she was his wife and his niece as though she was his step-child so that they would obtain federal health care coverage they were not entitled to receive.  This scheme lasted from 2005 to 2017 and included several years where Stephen resided in and worked in Charleston as a federal employee.  When investigators learned of the fraud, Stephen gave a statement to investigators with the Department of Transportation Office of Inspector General. In his statement, Stephen admitting that he fraudulently placed his extended family members on his federal insurance knowing they were not entitled to receive benefits.  In total, the Court found that the government was defrauded out of $108,411.59 in fraudulent premium payments and reimbursements.

“Federal employees who engage in fraud related to aspects of their employment erode public confidence in the high standard of integrity to which they are held,” said Jamie Mazzone, regional Special Agent-In-Charge, Department of Transportation Office of Inspector General. “Today’s sentencing illustrates our commitment to working with our law enforcement and prosecutorial partners to root out schemes that illegally take advantage of Federal workforce programs and benefits.”

“Healthcare fraud takes many forms, including knowingly enrolling ineligible individuals in the FEHBP,” said Norbert E. Vint, Deputy Inspector General Performing the Duties of the Inspector General, OPM OIG.  “Through his fraudulent conduct, the defendant stole from the Federal Government and the American taxpayer.  Today’s sentencing is an important step towards accountability and I applaud the hard work of the OPM OIG investigative staff and our Department of Justice partners on this case.”

Stuart praised the work of the U.S. Department of Transportation Office of Inspector General (DOT OIG) and the Office of Personnel Management Office of Inspector General (OPM OIG). The investigation was conducted by members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and  healthcare fraud.   United States Attorney Mike Stuart announced the formation of ARREST in February 2019.  All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST.  Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid (ARPO) Strike Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.

United States District Judge Irene C. Berger imposed the sentence.  Assistant United States Attorney Erik S. Goes handled the prosecution.

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. 2:20-cr-00077.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart recognized Agent Cody McClung with the Wood County Sheriff’s Department and Wood County Prosecuting Attorney Pat Lefebure today for their outstanding work in partnership with his office.  

McClung and Lefebure were presented with the U.S. Attorney’s Award for Excellence in Pursuit of Justice for their roles in the case of United States v. Benjamin Lee Parsons.  The work of both McClung and Lefebure were critical to the case’s successful conclusion. Law enforcement officers with the Parkersburg Police Department, the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were also involved in the investigation of Parsons. 

“It was truly a pleasure for me to honor the outstanding work of Agent McClung and Prosecutor Lefebure today.  It is through strong partnerships with law enforcement and state prosecutors that we achieve our greatest, most meaningful successes,” said United States Attorney Mike Stuart.  “The investigation and prosecution of the Parsons case was important for public safety as well as the safety of our police officers.  As U.S. Attorney, one of my greatest honors is to work alongside the men and women of law enforcement.  I thank them for what they do each day to keep us safe and for their unwavering commitment to the pursuit of justice.”

The investigation of Benjamin Lee Parsons, 31, of Mineral Wells, began in 2016 for making threats against police and others and claiming to have interest in terrorist organizations.  In December 2015, Parsons had worn a mask to a church service in Mineral Wells.  In January 2017, Parsons told several witnesses at a church in Parkersburg that he was armed, that he had recently thought about shooting police, that he had been watching violent terrorist videos, and that he had communicated with foreign terrorists and discussed several “soft targets” in Wood County.  The Wood County Sheriff’s Department responded and seized numerous firearms from his residence.  Agent Cody McClung was the lead investigator for the Sheriff’s Department and he worked closely with members of the Parkersburg Police Department, and ATF and FBI special agents throughout the investigation.  Due to the efforts of Wood County Prosecutor Pat Lefebure, Parsons was involuntarily committed to a mental hospital in February 2017.  That adjudication prohibited Parsons from possessing firearms under both state and federal law.

In October 2018, investigators learned that Parsons had acquired additional firearms including a high-capacity semiautomatic FNH model M249S 5.56 caliber assault rifle.  The rifle is the semiautomatic civilian version of the Squad Assault Weapon (SAW) used by the United States military.  Investigators further learned that Parsons had obtained the weapon from another individual who told investigators that he had purchased it for Parsons from a licensed firearms dealer in Marietta, Ohio.  Police arrested Parsons on October 31, 2018 on a federal charge of conspiracy to provide false information to a federally licensed firearms dealer during the acquisition of a firearm.  On November 2, 2018, investigators executed a search warrant at a wooded area in Mineral Wells where Parsons had been living.  When investigators executed the search warrant, they recovered the FNH assault rifle and a Molot 5.45x39mm rifle from a locked case Parsons kept at his campsite on the property.  The FNH was loaded with approximately 190 rounds of belted ammunition in a drum magazine. Investigators also located and seized 12 magazines for the Molot loaded with 164 rounds of ammunition, 32 additional unloaded magazines, and approximately 640 rounds of 9mm and other rifle ammunition. 

As a result of this investigation, in May 2019, Parsons pled guilty in federal court to possessing the SAW and Molot 5.45x39 rifle after being committed to a mental institution.  Parsons was sentenced to 5 years in federal prison for his crime.  Upon release from prison, Parsons will serve three years of federal supervised release, during which he will receive mental health treatment. 

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

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that a methamphetamine dealer was sentenced today to 63 months in federal prison. Joshua David Ramey, 29, previously pled guilty to a single count of possession with intent to distribute methamphetamine.

“Ramey had 471 grams of meth in the trunk when his car broke down on Interstate 64. As I’ve often said, God works in mysterious ways,” said United States Attorney Mike Stuart.  “Another great interdiction by law enforcement that kept this poison off of our streets.”

On March 13, 2018, a deputy with the Putnam County Sheriff’s Department stopped to assist a disabled vehicle on the exit ramp of I-64, mile marker 34 in Putnam County.  Ramey had been the driver of the vehicle.  The deputy detected the odor of marijuana and searched the vehicle, at which time the deputy located in the trunk four clear plastic baggies of methamphetamine.  The plastic baggies contained a combined weight of approximately 471 grams of methamphetamine, which carries a street value close to $36,000.    

The Putnam County Sheriff’s Department conducted the investigation.  United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorneys Ryan A. Keefe and Monica D. Coleman handled the prosecution. 

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. 3:18-cr-00181.

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today that a former postal employee who participated in a scheme to ship and distribute marijuana which was mailed from California to Huntington pled guilty in federal court.  Carl Andrew Varnum, 49, entered a guilty plea to conspiracy to distribute marijuana. 

“16 pounds of marijuana delivered through the U.S. Mail. Varnum was a postal employee that was using the U.S. mail to facilitate marijuana trafficking,” said United States Attorney Mike Stuart.  “This prosecution should be a reminder to all that marijuana is still illegal under federal law.”   

Varnum admitted that, between 2015 and March of 2018, he conspired with others to distribute marijuana in the Huntington area.  During the conspiracy, marijuana was frequently shipped through the United States mail from California to Huntington.  Varnum, who was a U.S. Postal employee at the time, recruited a letter carrier also employed with the postal service, to receive and deliver the parcels.  Once the parcels containing marijuana arrived in Huntington, the carrier delivered the parcels on his assigned delivery route. 

On March 15, 2018, agents located two parcels at the Huntington Post Office which had been mailed from California to Huntington and were found to contain marijuana.  Agents conducting surveillance observed the carrier load the parcels into a postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington.  At that location, the carrier provided the marijuana to another individual who arrived in a separate vehicle.  A trooper with the West Virginia State Police subsequently conducted a traffic stop of the vehicle and recovered the parcels which contained approximately 16 pounds of marijuana. 

Varnum faces up to 5 years in federal prison when he is sentenced on January 25, 2021. 

The United States Postal Service Office of Inspector General, the United States Postal Inspection Service, the West Virginia State Police and the Violent Crime and Drug Task Force West conducted the investigation.   United States District Judge Robert C. Chambers presided over the hearing.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.

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. 3:20-cr-00180.

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today that a Huntington man was sentenced to prison for a federal child pornography offense.  Jeremiah Taylor, 32, was sentenced to 90 months in prison for distributing child pornography. Taylor was also ordered to complete 15 years of supervised release after prison, as well as to pay a substantial amount of restitution. 

“A former college football star that was a Captain on the Marshall University football team.  He was idolized by countless kids across the country. This is a tragic case. Child pornography crimes are absolutely egregious and will not be tolerated,” said United States Attorney Mike Stuart.  “Child predators- whether football stars, a relative or a neighbor- should know that we’re coming for you.  My office is committed to protecting our most vulnerable through prosecutions like this.”

Taylor previously admitted that in January 2019, he utilized the mobile messaging application Kik to send several graphic videos of child pornography to an undercover Federal Bureau of Investigation (FBI) agent. These videos depicted nude prepubescent children engaged in sexual conduct, including sadistic or masochistic conduct. Taylor also admitted that he asked the undercover agent for photos of the agent’s purported 9-year-old daughter naked in sexually-explicit poses. On Kik, Taylor was an active member of a group focused on taboo interests, wherein users frequently shared images and videos of child pornography. A search warrant later executed on Taylor’s Kik account uncovered additional stored child pornography. Taylor’s Kik username was “58ThatDude58” – 58 is the number Taylor wore while playing football for Marshall University from 2010 to 2013.

The Federal Bureau of Investigation (FBI) conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Kristin F. Scott handled the prosecution.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00068.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart will recognize the excellent work of a member of the Wood County Sheriff’s Department and the Wood County Prosecuting Attorney, on Monday, October 19, 2020, at 9:30a.m., during a meeting of the Wood County Commission in Parkersburg. 

WHAT:           Presentation of U.S. Attorney’s Awards for Excellence in Pursuit of Justice

WHEN:           Monday, October 19, 2020, at 9:30am  

WHERE:         Wood County Commission meeting

                           1 Court Square, Parkersburg, WV

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CHARLESTON, WEST VIRGINIA – U.S. Attorneys Mike Stuart and Bill Powell today announced awards of $8,902,765 in Department of Justice grants to fight drug abuse and addiction in West Virginia. The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.

“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”

Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.

“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”

“West Virginia is ground zero for battling this crisis. With the highest overdose death rate per capita nationally for several years in a row, it’s vital that those in the mountain state working to combat this epidemic have the tools they need to help bring those numbers down and save lives. This funding will assist in that fight,” said Powell.

“With our state being the epicenter of the addiction crisis, this funding is critical to addressing the challenges faced by families and communities throughout West Virginia,” said United States Attorney Mike Stuart.  “It will further strengthen the “all hands on deck” approach that is necessary to combat the addiction crisis.  The programs funded will provide much needed resources and support to those in need.”

Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.

The following organizations received funding:

• West Virginia Justice and Community Services - $6,223,284
• West Virginia Supreme Court of Appeals - $1,349,953
• United Way of the River Cities - $690,553
• Legal Aide of West Virginia - $638,975

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that two felons appeared in federal court this week for gun crimes. 

Patrick Napier, 48, of Logan, was sentenced to 27 months in federal prison for being a felon in possession of a gun. Napier previously admitted that in July 2017 he possessed a Hi-Point, Model 4095, .40 caliber rifle. At that time, Napier was serving a federal term of supervised release.  A probation officer found the gun in Napier’s room when visiting his residence as part of his supervised release.  Napier has a prior felony drug conviction in the U.S. District Court for the Southern District of West Virginia, which prohibits him from possessing firearms.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.  Senior United States District Judge David A. Faber imposed the sentence.  Assistant United States Attorney Chris Arthur handled the prosecution.

Lenville Jason Porter, 36, of Lincoln County, pled guilty to the felony offense of being a felon in possession of a firearm.   He is scheduled to be sentenced on January 7, 2021, where he faces up to 10 years of federal incarceration, a $250,000 fine and three years of supervised release.  In his plea hearing, Porter admitted that on October 18, 2018, he was removing engine parts from a car when he was seen by Lt. Napier of the West Hamlin Police Department.  Suspicious that he was observing Porter commit theft, Lt. Napier investigated and asked if he could pat Porter down for officer safety.  Prior to the pat down search, Porter admitted he had a gun. Lt. Napier physically recovered a Phoenix Arms .22 pistol from the defendant’s pocket.  The gun was loaded and capable of shooting.  A records check revealed that Porter was convicted in 2013 of two prior felony offenses in Lincoln County:  third degree arson and destruction of a public utility. Porter had neither been pardoned nor had his civil right to possess a firearm restored.  Additional records checks of the firearm by the ATF confirmed the gun had traveled in interstate commerce.  The ATF also confirmed the functionality of the firearm. Stuart commended the investigative work of the West Hamlin Police Department, notably Lt. J. J. Napier, the Lincoln County Prosecuting Attorney’s Office, and the ATF, who assisted the West Hamlin Police Department with the trace and testing of the firearm. Senior United States District Judge David A. Faber presided over the plea hearing.  Assistant United States Attorney Erik S. Goes handled the prosecution.

These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.  

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. 2:20-cr-00065 (Napier) and 2:20-cr-00120 (Porter).

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CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced that a Wood County man was sentenced to 12 months and a day in federal prison for embezzling from a labor union.  Rick Drain, 56, of Vienna, previously pled guilty to one count of embezzling from a labor union.  Pursuant to his plea agreement, Drain will also pay restitution.

“Drain was “draining” the Union. Drain took advantage of his position with the local union and took collected union dues and fees for himself,” said United States Attorney Mike Stuart.  “Not only will Drain be returning the money, but he’ll also be spending a year of his life behind bars for his crime.  Crime doesn’t pay.”

Drain was the business manager of a local union and used his position to defraud the union. Law enforcement learned that Drain had defrauded the union of approximately $50,000 by collecting dues and other fees from union members and keeping the money for himself, not depositing it into the union’s bank account. The Department of Labor, through its Office of Labor Management Standards, conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Kathleen Robeson handled the prosecution.

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. 2:20-cr-00045.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that a Detroit man was sentenced to federal prison for his role in a large-scale, multi-state drug trafficking conspiracy. Antoine Eltorio Terry, 43, was sentenced to 10 years in prison, followed by four years of supervised release, for conspiracy to distribute more than 500 grams of cocaine.    Terry was prosecuted as part of Project Parkersburg – a major takedown and dismantling of a poly-drug, multi-state drug trafficking organization (DTO).  

“10 years in federal prison.  Terry is the latest Project Parkersburg defendant to receive a lengthy prison sentence,” said United States Attorney Mike Stuart.  “He was arrested in Dayton, Ohio while waiting for a large drug shipment to arrive from Phoenix, Arizona. If not for the coordinated efforts of law enforcement to intercept the shipment, large amounts of cocaine and meth would have been sold on our streets.  Project Parkersburg truly bolstered the safety of our communities by shutting down this DTO.”

Terry previously pled guilty and admitted working with co-defendants to obtain a large shipment of controlled substances from Phoenix, Arizona to be delivered to Dayton, Ohio and ultimately distributed in West Virginia and Ohio.  Police intercepted that shipment in Dayton on September 19, 2018.  The shipment contained approximately 121 pounds of methamphetamine and 13.2 pounds of cocaine.  Terry was arrested nearby as he awaited the delivery of the shipment.  Terry admitted his role was to obtain and distribute the cocaine while others intended to distribute the methamphetamine.

Stuart commended the investigative efforts of the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, the Dayton (Ohio) Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court and the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin and 478 grams of fentanyl.

Of the defendants charged in federal court, Terrence McGuirk, Todd Land, Jeffrey Hoyler, Nicholas Easton, T.J. Gibson, Edward Marks, Amy Rake, Marshall Polan, Troy Pastorino, Michael Holley, Colleen Moyle, and Amanda Atkinson have been sentenced. Aurelius Edmonds and Michael Rhodes await sentencing later this year. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.

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. 2:20-cr-00036.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that an Ohio man was sentenced for drug and gun crimes.  Keenan Watson, 24, of Dayton, was sentenced to 12 years -- 144 months -- in federal prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. After completing his prison sentence, he will serve five years of supervised release. 

“209 grams of meth. 135 grams of fentanyl. Two guns. Dangerous and deadly combination,” said United States Attorney Mike Stuart.  “Watson posed a significant threat to public safety.  Meth and fentanyl are leading causes of addiction and overdose deaths, while drug dealers with guns most often lead to violent crime in our communities.  Great work by DEA and the Parkersburg Police Department in bringing Watson to justice.”  

Watson had previously pled guilty on June 2, 2020, and admitted that on August 27, 2019, law enforcement officers executed a search warrant in Parkersburg, West Virginia.  Watson was inside that residence, and ran outside when the officers entered.  He ran from the officers until ultimately they were able to catch up and arrest Watson.  Officers removed two handguns from Watson and also recovered approximately 209 grams of methamphetamine, and approximately 135 grams of what later proved to be fentanyl from a bag that he was carrying.  Watson admitted that he possessed both guns to protect himself, the quantity of methamphetamine and fentanyl that he possessed, and any proceeds from the sales of those drugs. 

The Drug Enforcement Administration (DEA) and the Parkersburg Police Department conducted the investigation.   United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney L. Alexander Hamner handled the prosecution.

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. 2:20-cr-00002.

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that a Huntington woman and Akron man who participated in a conspiracy that saw large quantities of methamphetamine shipped from Akron and sold in Huntington pled guilty today.  Niki Renee Maynard, 49, entered a guilty plea to conspiracy to distribute 50 grams or more of methamphetamine, and Robert Von Wilson, 24, entered a guilty plea to possession with intent to distribute 500 grams or more of methamphetamine. 

“100% pure meth from Akron,” said United States Attorney Mike Stuart.  “These two defendants were distributing significant amounts of deadly meth in the Huntington area. Now they each face significant prison sentences for their crimes.”

Maynard admitted that between the fall of 2018 and September of 2019, she participated in a conspiracy with multiple individuals to distribute methamphetamine in the Huntington area.  During the conspiracy, Maynard repeatedly obtained quantities of methamphetamine which were transported from Akron to Huntington.  Maynard relied on multiple individuals from Akron to deliver the methamphetamine to her and Maynard would in turn distribute the methamphetamine to various customers in Huntington.  Maynard also admitted that she permitted others to sell methamphetamine from her residence located at 1223 26th Street in Huntington and that she was responsible for distributing up to 500 grams of methamphetamine during the conspiracy.    

Wilson admitted that he was present at 1235 25th Street on June 6, 2019, when investigators executed a search warrant at the residence.  During the search, investigators seized over 1.7 kilograms of methamphetamine.  Wilson admitted that he possessed the methamphetamine and intended to distribute it in the Huntington area.  The methamphetamine was later examined by a chemist and determined to be 100% pure.   

Maynard faces 5 to 40 years in federal prison and Wilson faces 10 years to life in federal prison when sentenced on January 19, 2021. 

This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI).  Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department.  United States District Judge Robert C. Chambers presided over the hearings.  Assistant United States Attorney Joseph F. Adams is handling the prosecution.

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. 3:19-cr-00245.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that two Detroit, Michigan men were sentenced to prison for federal drug crimes.

“When Carter and Sparks decided to peddle poisons in southern West Virginia, they made the same mistake that many other Detroit drug dealers made,” said United States Attorney Mike Stuart.  “Now Carter and Sparks will be joining them in federal prison.”

Carlton Carter, 27, was sentenced to 37 months in prison for possession with intent to distribute heroin and oxycodone pills.  Carter admitted that on July 10, 2019, law enforcement officers with the Metropolitan Drug Enforcement Network Team (MDENT) found him in possession of approximately 30 grams of heroin and 114 oxycodone 30 mg pills after they stopped a vehicle in which he was a passenger in Charleston. Carter admitted he possessed the drugs with intent to distribute them. MDENT conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Negar M. Kordestani handled the prosecution. 

William Anthony Sparks was sentenced to 18 months in prison for possession with intent to distribute heroin.  Sparks admitted that on April 25, 2019, deputies with the Jackson County Sheriff’s Office stopped a car in which he was a passenger and recovered over 40 grams of heroin he possessed with the intent to distribute. The Drug Enforcement Administration (DEA) and the Jackson County Sheriff’s Office conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Negar M. Kordestani and former Assistant United States Attorney Drew Inman handled the prosecution.

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. 2:20-cr-00009 (Carter) and 2:19-cr-00167 (Sparks).

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HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today that a Southfield, Michigan man was sentenced to 18 months in prison for a federal drug crime. Donta Cole, 24, previously pled guilty to an indictment charging him with possession with the intent to distribute crack cocaine.

“Another drug dealer from Michigan – this time with crack,” said United States Attorney Mike Stuart.  “Just like any other poison peddler, if you’re selling crack, we’ll send you packing.  Your next stop will be federal prison.”

Cole previously admitted that on April 26, 2019, he was a passenger in a vehicle that was pulled over by the West Virginia State Police.  An officer found approximately 12 grams of crack cocaine hidden in his groin area.  Cole admitted that he intended to sell the crack cocaine.

The West Virginia State Police conducted the investigation.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

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. 3:20-cr-00033.

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86 Defendants Charged in Southern District of West Virginia

CHARLESTON, W.Va. – Today, the Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.

“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences.  The Department of Justice is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”

“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo.  “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions.  ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”

“The right to bear arms pursuant to the 2nd Amendment is a critically important Constitutional right but we best protect the 2nd Amendment by enforcing federal gun laws to prevent dangerous felons and trigger pullers from causing havoc and chaos in our communities.  There is truly “no better partner” than ATF when it comes to removing dangerous trigger pullers from our communities,” said United States Attorney Mike Stuart.  “West Virginians are safer because of the concerted efforts of federal, state and local law enforcement to keep guns out of the hands of prohibited persons and hold violent offenders accountable for their crimes through federal prosecution.” 

“Violent crime in West Virginia is often tied to the possession and use of firearms by convicted felons and those intent on committing illegal activities,” stated Special Agent in Charge R. Shawn Morrow of ATF’s Louisville Field Division which includes West Virginia. “Through task forces, which bring together local and state law enforcement, ATF is making significant strides in dismantling violent criminal organizations, reducing firearms trafficking, and stopping illegal possession of firearms from Huntington to Charleston. This is our ongoing commitment to the safety and well-being of West Virginia’s citizens.”

Of the more than 14,200 defendants charged, 86 defendants have been charged in the Southern District of West Virginia, according to U.S. Attorney Mike Stuart.  Below are just a few examples of cases prosecuted in the District that have taken “trigger pullers” off of the streets.  The investigative leads generated by the National Integrated Ballistic Information Network, known as NIBIN, have proven to be an invaluable resource in firearms-related prosecutions.

• John Miller, 23, of Charleston, was sentenced to 25 months in prison for making a false statement during the purchase of a firearm, possession of a firearm by a prohibited person, possession of a firearm in a school zone, and discharge of a firearm in a school zone. On April 7, 2019, Miller went to Cabela’s in Charleston, which is a licensed firearm dealer, and purchased a Taurus G2C 9 mm pistol. Prior to purchasing the firearm, he checked “no” in response to a question on the DOJ ATF Firearms Transaction Record Form 4473 indicating he was not an unlawful user of and addicted to a controlled substance, although he knew that to be a false statement as he was an unlawful user of and addicted to marijuana. Shortly after purchasing the firearm, he took it within a distance of 1,000 feet of Mary C. Snow West Side Elementary School and discharged it during a drug deal. The Charleston Police Department and the ATF conducted the investigation. 

• Frankie D. McNeal, 25, was charged with and pled guilty to being a felon in possession of a firearm. McNeal admitted that on October 14, 2019, he went to The Empty Glass bar in Charleston with a Glock 19 9mm pistol. While at the bar, McNeal got into an altercation with a female patron. He then went outside and discharged a round from the Glock pistol through the windshield of the female’s car. Surveillance video, DNA evidence and ballistics information from NIBIN linked McNeal and the firearm. Police responding to the incident located McNeal in a nearby alley and recovered the Glock pistol from a dumpster next to where McNeal was standing. McNeal was prohibited from possessing a firearm as a result of his September 2012 conviction of first degree robbery in Kanawha County Circuit Court. McNeal faces up to 10 years in prison when sentenced on December 2, 2020. The Charleston Police Department and the ATF conducted the investigation.

• Jordan Kinney, 23, of Charleston, was charged with and pled guilty to being a felon in possession of a firearm. Kinney admitted that on June 14, 2019, he was present at the Go-Mart on Washington Street West in Charleston, and possessed a loaded Taurus 9mm caliber handgun, which he used to shoot approximately six times at another individual. He then fled the location and discarded the handgun in the front yard of a residence a few blocks away. The following day officers with the Charleston Police Department responded to the residence and recovered the same handgun. Ballistics information provided by NIBIN was critical to the success of the prosecution. Kinney was not allowed to possess the firearm because he had previously been convicted of robbery in the second degree. Kinney faces up to 10 years in prison when sentenced on October 19, 2020. The Charleston Police Department and the ATF conducted the investigation.

• Kymoni Davis, also known as “Money,” 31, of Detroit, Michigan, was indicted by a federal grand jury in January 2020 and remained a fugitive until August when law enforcement authorities apprehended him in Detroit.  He was subsequently charged by superseding indictment in September 2020 with being a felon in possession of a firearm.  Davis also faces state felony charges in Cabell County, in connection with a New Year’s Day shooting in Huntington at the Kulture Hookah Bar where seven people were injured. Davis has three prior felony convictions in state court in Michigan. Davis is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, Davis faces up to 10 years in prison. The Huntington Police Department and the ATF are conducting the investigation. 

Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense.  The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement, such as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime. 

For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.  

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Joseph Lee Harper, 35, was sentenced today on two federal drug trafficking charges. Harper was sentenced to 168 months – 14 years – in federal prison on each charge, to run currently, for possession of fentanyl with intent to distribute and distribution of fentanyl.  At sentencing, the Court found that Harper was a career offender under the Federal Sentencing Guidelines, given his prior criminal history of drug trafficking. Upon completion of his prison sentence, the defendant will serve a term of three years of supervised release.

“120 grams of fentanyl. It’s fentanyl dealers like Harper that have devastated families and communities throughout West Virginia.  The number of lives lost to fentanyl-related overdose deaths is staggering,” said United States Attorney Mike Stuart.  “Dealers like Harper will not be let off the hook lightly for their crimes.”  

Harper previously pled guilty and admitted that on June 10, 2019, he sold over four grams of fentanyl to a confidential informant in return for $700. The sale occurred at the Speedway in Cross Lanes. Harper also admitted that on June 12, 2019, he had approximately 26 grams of fentanyl concealed behind an air duct in his Cross Lanes residence. Officers executing a search warrant located the fentanyl when they searched Harper’s residence. Inside Harper’s residence, officers also located the United States currency tied to the earlier controlled drug sale conducted by Harper. In a post-arrest interview, Harper ultimately admitted to trafficking 120 grams of fentanyl from Huntington to the Cross Lanes area.

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Kristin F. Scott handled the prosecution.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00300.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced an award of $638,975 in a Department of Justice grant to support direct services to children who are crime victims as a result of the nation's addiction crisis.  Today’s award in the Southern District of West Virginia is part of more than $261 million going to organizations and agencies across the country.  The awards were made by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs (OJP).

“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”

“This funding is desperately needed to help the vast number of West Virginia children negatively affected by the addiction crisis,” said United States Attorney Mike Stuart.  “Our children have suffered greatly as a result of substance abuse and addiction and we need to direct every possible resource in support of them during their healing process.”

The grants from OJP’s OJJDP will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.

In addition, more than 100 sites are receiving grants from OJJDP and OVC to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.

The following organization in the Southern District of West Virginia received funding:

• Legal Aide of West Virginia was awarded $638,975 under OVC’s Enhancing Community Responses to America’s Drug Crisis: Serving our Youngest Crime Victims Program.

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.

Additional information about Fiscal Year 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.

More information about OJP and its components can be found at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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

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BECKLEY, W.Va. -- United States Attorney Mike Stuart announced today that two federal inmates pled guilty to possessing weapons. Tyrice Perkins, 24, and Troy Covington, 20, inmates at the Federal Correctional Institution (FCI) at Beckley, both admitted to possessing a handcrafted weapon, commonly known as a “shank.” 

“We will prosecute every federal inmate found to be in possession of a weapon,” said United States Attorney Mike Stuart. “Those prisoners should expect another conviction and a longer prison stay.”   

Perkins admitted that on February 9, 2020, he possessed a handcrafted weapon known as a shank. A staff member at the prison saw Perkins drop the shank in the chow hall.  The staff member then recovered the weapon. 

Covington admitted that on February 8, 2020, he also possessed a handcrafted weapon while he was an inmate at the FCI in Beckley.   A staff member at the prison found the shank concealed in a pair of shorts Covington was wearing.

Both defendants admitted that the shanks were designed and intended to be used as a weapon.

Both Perkins and Covington face up to five years in prison, to be served consecutively to the sentences they are now serving. Sentencing for both defendants is set for January 22, 2021.

The case was investigated by the Federal Bureau of Prisons (BOP). Assistant United States Attorneys John L. File and Timothy D. Boggess are handling the prosecutions. United States District Judge Frank W. Volk presided over the plea hearings. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 5:20-cr-00179 (Perkins) and 5:20-cr-00178 (Covington).

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Award Part of Over $1.8 Billion in Justice Department Funding Announced by Attorney General Barr

CHARLESTON, W.Va. -- U.S. Attorney Mike Stuart announced $9,362,969 in a Department of Justice grant to assist victims in West Virginia. The grant, awarded by the Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs (OJP), is part of almost 1.8 billion distributed to state victim assistance and compensation programs to fund thousands of local victim assistance programs across the country and to provide millions in compensation to victims of crime.

The OVC’s flagship formula grant program is supported by the Crime Victims Fund (the Fund), which was established under the Victims of Crime Act (VOCA). The Fund supports a broad array of programs and services that focus on helping victims in the immediate aftermath of crime and continuing to support them as they rebuild their lives. In FY 2019 alone, VOCA grants served over seven million victims and paid more than $399 million in compensation claims.

“Advocates, service providers, and law enforcement agencies from around the country stand ready to help crime victims exercise their legal rights and reclaim their lives,” said Attorney General William P. Barr. “These new funding resources continue this administration’s unprecedented commitment to providing the support necessary for victims of crimes to be able to heal and recover.”

The awards made to organizations in West Virginia will support local direct victim service programs, including children’s advocacy centers, domestic violence shelters, rape crisis centers, human trafficking and elder abuse programs, civil legal services, crime victims’ rights enforcement, as well as victim assistance positions in prosecutors’ offices and law enforcement departments.

“During my tenure as U.S. Attorney, I have met many strong, courageous and inspirational victims of crime,” said United States Attorney Mike Stuart.  “Our state has a phenomenal network of victim service providers that work tirelessly for these victims each and every day.  This funding will help ensure that West Virginia crime victims get the critical assistance and support they need and deserve.”

State victim compensation programs will receive over $133 million to supplement the state funds that offset victims’ financial burdens resulting from crime. This compensation is often extremely vital to victims who face enormous financial setbacks from medical fees, lost income, dependent care, funeral expenses and other costs.

“The services made available by this funding represent a lifeline for tens of thousands of survivors each month, many of whom otherwise would have no place to turn in a moment of profound crisis,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “These awards will help service providers, as well as law enforcement agencies and prosecutors’ offices respond to the many emotional and material challenges that crime victims in our country face every day.”

The Fund is financed by fines and penalties paid by convicted federal offenders and does not include tax dollars. More information about OJP and its components can be found at www.ojp.gov.

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

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Defendant conspired to fake her own death to avoid federal fraud sentence found hiding in her own closet

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Julie M. Wheeler entered a guilty plea to the federal felony offense of conspiracy to obstruct justice.  Wheeler, 44, of Beaver, faces up to five years of incarceration, a $250,000 fine, and three years of supervised release when she is sentenced on January 6, 2021. 

“Egregious. Wheeler risked the lives of first responders and wasted the critical resources of law enforcement and taxpayers in an attempt to evade her sentence in a federal fraud case only to be found safely hiding in a closet at her home,” said United States Attorney Mike Stuart.  “The only thing she gained was a subsequent federal conviction, up to an additional 5 years behind bars and a fine of up to $250,000.”

In a case that garnered national attention, Julie Wheeler admitted to conspiring with her husband, Rodney Wheeler, to fake her own death at the New River Gorge.  To fake her death, her husband and another family member placed a 911 call on May 31, 2020, claiming Julie Wheeler had fallen from the Grandview Overlook in the New River Gorge in West Virginia.  The overlook is a steep cliff with a series of ledges leading down to the New River.  This 911 call prompted a massive search and rescue operation with hundreds of people looking for Wheeler at the base of the overlook and the surrounding area.  False statements were given to state and federal investigators by Julie Wheelers’ family as part of the conspiracy, including statements to National Park Service officers and the United States Probation Office.  The purpose of these statements was to continue Wheeler’s ruse that she had fallen and was missing.  Julie Wheeler was actually hiding in her own home.

After two days of searching, the West Virginia State Police located Julie Wheeler in her home hiding in the closet.  Once removed from her closet, she was taken into custody.  In statements to state and federal investigators, Wheeler admitted she faked her disappearance to avoid her pending federal sentencing in a health care fraud case. Julie Wheeler was sentenced on June 30, 2020, to 42 months in prison and three years of supervised release for health care fraud relating to her overbilling a VA program for spina bifida care.  She was also ordered to pay restitution in the amount of $289,055.07 for the overbilling scheme.

The National Park Service and the West Virginia State Police conducted the criminal investigation, assisted by the Raleigh County Prosecuting Attorney’s Office. The United States Probation Office in the Southern District of West Virginia also conducted an independent investigation of Julie Wheeler’s disappearance and conduct related to the obstruction.  The Federal Bureau of Investigation (FBI) and the Veterans Affairs - Office of Inspector General (VA-OIG), the Office of Veterans Affairs (VA), and the United States Department of Health and Human Services - Office of Inspector General (HHS-OIG) conducted the investigation of the underlying health care fraud. 

Co-defendant Rodney Wheeler’s case is set for trial on November 17, 2020 and he is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The Wheelers are both presently charged with numerous felony and misdemeanor offenses in Raleigh County Circuit and Magistrate Courts relating to the false reporting of an emergency. 

Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.  Assistant United States Attorney Erik S. Goes is handling the prosecution.

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. 5:20-cr-00145.

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CHARLESTON, W.Va. – Today, the Department of Justice announced it has charged more than 500 domestic violence cases involving firearms during Fiscal Year (FY) 2020. A Department priority since 2019 when Attorney General William P. Barr created the Department of Justice’s first ever-Domestic Violence Working Group, these charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), led by Acting Director Regina Lombardo, who has made domestic violence firearms-related investigations a priority.

“Keeping firearms out of the hands of dangerous criminal offenders is one of the Department of Justice’s top priorities,” said Attorney General Barr. “This is especially important when it comes to individuals with prior domestic violence convictions. The statistics are clear that when domestic violence offenders have access to guns, their partners and their families are at much greater risk of falling victim to gun violence. In fact, in some communities across America, roughly half of the homicides are related to domestic violence. The Department of Justice is committed to keeping guns out of the hands of those who are prohibited from having them, and we will continue investigating and prosecuting all domestic violence firearms related crimes.”

“According to the CDC, data suggests that about one in six homicide victims are killed by an intimate partner,” said ATF Acting Director Lombardo. “Nearly half of female homicide victims in the U.S. are killed by a current or former male intimate partner. ATF is committed to aggressively pursuing prohibited possession of firearms due to domestic violence convictions and certain protective orders. It is another way we prevent violent gun crime within our communities.”

“Domestic violence is both prolific and diabolical.  It has devastated far too many West Virginia families,” said United States Attorney Mike Stuart.  “We know that when a domestic abuser has a gun, the consequences are often tragic.  In partnership with ATF, my office works closely with state and local law enforcement to prevent domestic violence through federal prosecutions.  We owe it to the victims of domestic violence to use every resource available to keep guns out of abusers’ hands.”

“Domestic violence affects women, men, and families across West Virginia each year -  and when coupled with a firearm, this abuse far too often becomes a violent crime,” stated Special Agent in Charge R. Shawn Morrow of ATF’s Louisville Field Division. “ATF is committed to keeping firearms out of the hands of abusers through the enforcement of federal firearms laws and the successful prosecutions of these offenders.  Our partnership with United States Attorney Mike Stuart is helping to keep West Virginia families safe.”

Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.

The Working Group, chaired by U.S. Attorney Erin Nealy Cox, of the Northern District of Texas, disseminates legal guidance on keeping guns out of the hands of domestic violence abusers using three federal statutes:

• 18 USC § 922 (g)(1), felon in possession of a firearm
• 18 USC § 922 (g)(9), possession of a firearm by a prohibited person (misdemeanor crime of domestic violence)  
• 18 USC § 922 (g)(8), possession of a firearm while subject to a domestic violence protective order

Based on the Working Group’s guidance, in FY 2020, U.S. Attorneys’ Offices nationwide brought 337 domestic violence felon-in-possession charges, 54 possession while subject to a protective order charges, and 142 possession by a prohibited person charges.

For more information on domestic violence or to get help, visit the National Domestic Violence Hotline website or call 1-800-799-SAFE (7233).

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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

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CHARLESTON, W.Va. – Mike Stuart, United States Attorney for the Southern District of West Virginia, announced that a Kanawha County man was sentenced today for defrauding the Federal Emergency Management Agency (FEMA) of 2016 disaster relief funds. Randall Butler, 46, of Charleston, was sentenced to 24 months in federal prison for fraud in connection with major disaster or emergency benefits.  Butler pled guilty to the charge in July 2020 and pursuant to his plea agreement, he also agreed to pay $8,614 in restitution.

“As taxpayers, we all suffer when federal assistance programs are defrauded,” said United States Attorney Mike Stuart.  “We will not tolerate fraud when our state is struck by natural disaster and West Virginians need critical relief funds to recover and rebuild.  We will work with our law enforcement partners to ensure that fraudsters are prosecuted and federal assistance reaches those who are truly in need and eligible to receive federal dollars.”

“DHS OIG remains committed to investigating fraud that affects the Federal Emergency Management Agency’s disaster relief programs,” said Homeland Security Inspector General Joseph V. Cuffari. “Furthermore, we are thankful to our colleagues at the West Virginia Commission on Special Investigations for their assistance in this investigation.”

At the time of the historic 2016 floods, Butler was living in an apartment in Clendenin, an area where FEMA was authorized to provide assistance to affected residents, including rental assistance. After the flood and a brief stay in a rescue shelter, Butler and his family moved to an apartment in Charleston. Butler admitted that he applied for FEMA relief funds for displaced housing even though he knew he was not allowed to receive the FEMA monies, because the U.S. Department of Housing and Urban Development had submitted rental payments on his behalf. Butler further admitted that he had received approximately $8,600 from FEMA for rental assistance, even though he had not been paying the rent himself. 

The Department of Homeland Security - Office of Inspector General (DHS OIG) and the West Virginia Commission on Special Investigations conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Kathleen Robeson handled the prosecution.

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. 2:20-cr-00079.

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HUNTINGTON, W.Va. – A Huntington man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Terry Alan Blackmon, Jr., 34, pled guilty to one count of distribution of heroin. 

“The cooperative efforts of federal, state and local law enforcement have snared another heroin dealer in Huntington,”  said United States Attorney Mike Stuart.  “We’re working together to rid our communities of dangerous drug dealers and to keep our families safe.”

Blackmon admitted that on September 24, 2019, he distributed approximately 2 grams of heroin to a confidential informant at a residence located on 6th Street in Huntington.

Blackmon faces up to 20 years in prison when sentenced on January 19, 2021.

The Federal Bureau of Investigation’s (FBI’s) Southern West Virginia Transnational Organized Crime (TOC) West Task Force, the FBI, the Cabell County Sheriff’s Office, and the West Virginia State Police conducted the investigation.  United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.

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. 3:19-cr-00290.

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BECKLEY, W.Va. – Cornelius Pope, 24, from Detroit, Michigan, pled guilty today to distribution of fentanyl, announced United States Attorney Mike Stuart.

“Another Detroit drug dealer.  Another conviction,” said United States Attorney Mike Stuart. “Pope was selling deadly fentanyl and heroin in the Beckley area. Whether we take drug dealers down one at a time or shutter entire networks, we are removing these poison peddlers from our communities.”

Pope admitted that on November 7, 2018,  January 25, 2019, and May 26, 2020, he sold fentanyl and heroin to confidential informants working with the Beckley-Raleigh Drug and Violent Crime Task Force. 

Pope faces up to 20 years in prison when he is sentenced on January 22, 2021.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Beckley-Raleigh Drug and Violent Crime Unit.   United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.

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. 5:20-cr-00085.

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CHARLESTON, W.Va. –  Three men charged with federal gun crimes appeared in court this week, announced United States Attorney Mike Stuart.

John Miller, 23, of Charleston, was sentenced to 25 months in prison for making a false statement during the purchase of a firearm, possession of a firearm by a prohibited person, possession of a firearm in a school zone, and discharge of a firearm in a school zone. On April 7, 2019, Miller went to Cabela’s near Corridor G in Charleston, which is a licensed firearm dealer, and purchased a Taurus G2C 9 mm pistol. Prior to purchasing the firearm, he checked “no” in response to a question on the DOJ ATF Firearms Transaction Record Form 4473 indicating he was not an unlawful user of and addicted to a controlled substance, but he knew that to be a false statement as he was an unlawful user of and addicted to marijuana. Shortly after purchasing the firearm, he took it within a distance of 1,000 feet of Mary C. Snow West Side Elementary School and discharged it during a drug deal. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation.  United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Negar M. Kordestani and former Assistant United States Attorney Ryan A. Saunders handled the prosecution.

Earlier this week, two Huntington men pled guilty to gun crimes before United States District Judge Robert C. Chambers.

Craig Eatmon, also known as “Fresh,” age 41, pled guilty to two counts of being a felon in possession of a firearm. Eatmon admitted that on May 19 and June 17, 2019,  he sold a firearm at Tri-State Pawn and Jewelry on 4th Avenue in Huntington. At the time he sold the firearms, he had been convicted of a drug related felony and malicious destruction of property in Wayne County, Michigan.   As a result of those convictions, Eatmon was prohibited from possessing the firearms. Eatmon faces up to 10 years in prison on each count when sentenced on January 11, 2021.   The ATF conducted the investigation.   Assistant United States Attorney Greg McVey is handling the prosecution.

Jeffrey L. Hodgens, 42, entered a guilty plea to theft of a firearm.    Hodgens admitted that on March 24, 2019, he entered a vehicle that was parked in the 1100 block of 4th Avenue in Huntington where he located a Colt, 5.56 mm rifle.  Hodgens stole the rifle and admitted that he subsequently traded it to another person in Huntington in exchange for methamphetamine.  When the rifle was later recovered, it was determined that the rifle was capable of firing as a fully automatic machinegun.  Hodgens faces up to 10 years in federal prison when he is sentenced on January 11, 2021.  The investigation was conducted by the ATF and the Huntington Police Department.  Assistant United States Attorney Joseph F. Adams is handling the prosecution. 

These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.            

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. 2:19-cr-00270 (Miller), 3:20-cr-00104 (Eatmon), and 3:19-cr-00297 (Hodgens).

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CHARLESTON, W.Va. – A Mexican man pled guilty to drug and immigration offenses today, announced United States Attorney Mike Stuart. Joel Gonzalez-Gomez, 31, of Chiapas, Mexico, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine and illegal reentry of a removed alien.  As a result of his guilty plea, Gonzalez-Gomez is subject to removal proceedings.

“This meth dealer with several pounds of the drug and three firearms is also an illegal alien with 5 prior removals,” said United States Attorney Mike Stuart.  “Gonzalez-Gomez is a dangerous poison peddler – certainly not the kind of immigrant we welcome into our country.  We embrace those who come into our country and abide by our laws, but those who don’t will face the consequences.”

On two occasions in October 2019, Gonzalez-Gomez sold methamphetamine to an informant working for the Metropolitan Drug Enforcement Network Team (MDENT).  On November 20, 2019, MDENT, along with agents from the Drug Enforcement Administration (DEA) and the Department of Homeland Security (HSI), executed a search warrant at the residence of Gonzalez-Gomez in Rand.  They recovered several pounds of methamphetamine and three firearms.  Gonzalez-Gomez was arrested the same day at a residence in Cottageville, Jackson County, West Virginia.  Gonzalez-Gomez admitted his drug trafficking activities as well as to having been deported once in 2013, twice in 2015, and once in both 2016 and 2018. 

Gonzalez-Gomez faces 5 to 50 years in prison when he is sentenced on January 4, 2021. 

MDENT, DEA, HSI, and the United States Postal Inspection Service (USPIS) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorney Joshua C. Hanks is handling the prosecution.

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. 2:20-cr-00157.

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CHARLESTON, W.Va. – A Detroit man was sentenced for a federal drug crime, announced United States Attorney Mike Stuart. Darnell Smith, 26, was sentenced to 18 months in prison for possession with intent to distribute heroin.

“This Detroit drug dealer had a bad day,” said United States Attorney Mike Stuart.  “After being shot, he was in possession of 20 individually packaged bags of heroin when he entered the hospital for treatment.  Now, he’s headed to federal prison.  We hope out-of-state drug dealers figure out that bad days come as a result of bringing their drug business into West Virginia.”   

Smith previously pled guilty admitting that on September 12, 2016, law enforcement officers found him in possession of 20 individually packaged bags of heroin when he entered a hospital for treatment after being shot in the head. Smith admitted that he intended to sell the drugs for money.

The case was investigated by the Charleston Police Department. Assistant United States Attorneys Chris Arthur and Erik Goes handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence. 

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. 2:18-cr-00165.

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CHARLESTON, W.Va. – A Charleston man was sentenced today to 10 years in prison for a drug crime, announced United States Attorney Mike Stuart. David Ferguson, 48, previously pled guilty to the distribution of heroin.  At sentencing, the Court found that because he had two prior felony offenses that were crimes of violence, Ferguson was a career offender. 

“It’s 10 years in federal prison for this career offender,” said United States Attorney Mike Stuart.  “From his history of violent crimes to his current conviction for selling fentanyl laced heroin, he earned this sentence.  Our communities are safer as a result of putting repeat offenders like Ferguson behind bars.”

Ferguson sold heroin, that was later confirmed to contain fentanyl, to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) on November 5, 2018, in Charleston.

United States District Judge Joseph R. Goodwin imposed the sentence.  The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorney Monica D. Coleman handled the prosecution.

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. 2:18-cr-00294.

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CHARLESTON, W.Va. – A Kanawha County man pled guilty to participating in a drug conspiracy, announced United States Attorney Mike Stuart. Sammy Joe Fragale, II, aka “Bubby Fragale,” 38, of Montgomery, pled guilty to conspiracy to distribute methamphetamine.  Fragale is one of 14 defendants charged as a result of a long-term investigation known as “Second Wave,” which dismantled a poly-drug network operating in Kanawha and Fayette Counties.

“Fragale’s conviction is a result of the “Second Wave” investigation,” said United States Attorney Mike Stuart.  “The collaborative efforts of our law enforcement partners took more than a dozen drug dealers off the streets that were peddling poisons in Kanawha and Fayette Counties.”  

Fragale admitted that he conspired with his father, Sammy Joe Fragale, Sr. to distribute methamphetamine to a DEA informant in August 2020.  On several occasions, Fragale “fronted” quantities of methamphetamine to the informant and agreed to accept payment on a later date.  On August 21, 2020, Fragale accepted payment from the informant for a transaction that occurred on August 18, 2020.  Fragale then returned the money to the informant and directed him to deliver the money to his father at a location in St. Albans.  After the transaction was completed, Fragale Sr. was stopped by a St. Albans police officer and found to be in possession of the money along with other controlled substances.

Fragale faces up to 20 years in prison when he is sentenced on January 5, 2021.  Fragale Sr. has been charged by criminal complaint with conspiracy to distribute methamphetamine.  That complaint remains pending, and the charges against him are mere allegations.  He is presumed innocent until convicted by guilty plea or by jury verdict. 

The Drug Enforcement Administration (DEA), the St. Albans Police Department, and the Federal Bureau of Investigation (FBI) conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing.

The Organized Crime Drug Enforcement Task Force (OCDETF) is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime. OCDETF agents and prosecutors nationwide handle complex investigations and prosecutions of the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States.  OCDETF facilitates joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.

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. 2:20-cr-00176.

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CHARLESTON, W.Va. – A Panamanian man residing in Ansted pled guilty to a sex offense involving a minor,  announced United States Attorney Mike Stuart.  Eugene Enrique Torres, 43, pled guilty to attempted enticement of a minor.

“Horribly Horrific. Now this Panamanian man faces up to life in prison. Predators like Torres pose a significant threat to West Virginia children,”  said United States Attorney Mike Stuart.  “We are fortunate to work hand in hand with the FBI’s Child Exploitation and Human Trafficking Task Force to keep our children safe.”

Torres admitted that in June 2020 he contacted a woman on Craigslist who identified herself as a mother who would allow him to have sex with her children in exchange for money. During the conversation, Torres arranged to have the woman travel from Beckley to a hotel in Fayetteville with an 11-year-old girl the woman stated was her daughter. Torres would then pay approximately $250 in order to engage in oral sex and sexual intercourse with the child. After he met with the purported mother at the hotel, Torres was arrested on his way to meet the child.  

Torres faces up to life in prison when sentenced on January 6, 2021. As a result of the conviction, Torres will have to register as a sex offender and may be subject to removal from the United States.

The FBI Child Exploitation and Human Trafficking Task Force conducted the investigation.   Senior United States District Judge David A. Faber presided over the hearing.  Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00177.

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CHARLESTON, W.Va. – A Charleston man pled guilty to an escape charge, announced United States Attorney Mike Stuart. Douglas Wesley, 32, pled guilty to walking away from a halfway house earlier this year.

“When you do the crime, you must do the time – including your time in a halfway house,” said United States Attorney Mike Stuart.  “Leaving and not returning to the Dismas Charities facility is a sure way to add more time to your sentence.”

Wesley admitted that in June of this year, he left Dismas Charities, Inc., a Bureau of Prisons residential reentry facility, without permission and did not return. He had been serving a sentence for a federal gun crime conviction and was transferred to Dismas to serve the remainder of the sentence.

Wesley faces up to five years imprisonment when sentenced on December 29, 2020.

The U.S. Marshals Service conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.

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. 2:20-cr-00131.

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HUNTINGTON, W.Va. – A Michigan man was sentenced today to 42 months in prison for a federal drug crime, announced United States Attorney Mike Stuart.  Gary Jerome Johnson, also known as “Sosa”, 29, previously pled guilty to possession with the intent to distribute fentanyl.

“Michigan football legend Bo Schembechler used to refer to what he called “A Michigan Man.”  He was definitely not referring to fentanyl dealers from Michigan,” said United States Attorney Mike Stuart.  “Johnson, already wanted by law enforcement authorities in Michigan, was found in Huntington with 16 grams of fentanyl that he had every intention of selling.  Now he will be going to federal prison with the many other fentanyl dealers we have convicted.”

Johnson previously admitted that on May 2, 2019, he was a passenger in a vehicle that was pulled over for a traffic stop in Huntington.  After learning that Johnson was wanted out of Michigan for absconding from parole, he was placed under arrest and taken to the West Virginia State Police detachment in Huntington for processing.  The Trooper found approximately 16 grams of fentanyl in his cruiser.  Johnson admitted he intended to sell the controlled substance.

Operation Free Market was a long-term drug investigation in the Huntington area.  The investigation was the result of a joint effort by the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West.  

United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

The case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00204.

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BECKLEY, W.Va. – An Ohio man was sentenced for his participation in an extensive drug trafficking organization (DTO) operating between California, Ohio, Michigan, and the Southern District of West Virginia, announced United States Attorney Mike Stuart.   Jason Johnson, 31, of Columbus, was sentenced to 78 months in prison, to be followed by a three year term of supervised release, for conspiring to distribute 50 grams or more of methamphetamine.  Johnson was one of 17 defendants charged as a result of a long-term investigation, known as “Operation Shutdown Corner.”

“Through operations like Shutdown Corner, we can curtail meth trafficking in our communities,” said United States Attorney Mike Stuart.  “Johnson is one of 17 defendants charged as a result of this investigation which brought an end to a DTO responsible for distributing significant amounts of illicit drugs in our southern counties.”  

Johnson previously admitted that between June 2018 and September 17, 2019, he participated in the DTO by supplying Stephanie McClung, a co-defendant in this matter, and others with distribution amounts of methamphetamine and heroin.  During this time period, Johnson admitted to selling more than 50 grams of a substance containing methamphetamine to McClung knowing it was her plan and purpose to re-distribute those drugs in and around Raleigh County and the Southern  District of West Virginia.  Johnson admitted to meeting with McClung several times a week to supply her with drugs. 

Stuart commended the cooperative investigative efforts of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department, and the West Virginia State Police. 

Assistant United States Attorney Timothy D. Boggess handled the prosecution.  United States District Judge Frank W. Volk imposed the sentence.

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. 5:19-cr-00237.

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BECKLEY, W.Va. – Matthew David Lambert, 26, of Renick, was sentenced to 100 months in federal prison for attempted receipt of child pornography. Upon release from prison, Lambert will serve a 25 year term of supervised release and be required to register as a sex offender.

“Each and every day my team works tirelessly to protect West Virginia’s children from predators like Lambert,” said United States Attorney Mike Stuart.  “And we seek justice for all victims through prosecuting cases this.”

Lambert previously admitted that from on October 31 to November 1, 2019, he communicated via a social messaging application with a minor he believed to be a 14-year-old girl he understood to be located in Lewisburg. Despite knowing her age, Lambert repeatedly asked her to send him sexually explicit photographs of herself. When the purported minor refused, they agreed that they would meet at a hotel in Lewisburg, to engage in sexual activity, and Lambert would record a video of this sexual activity on his cell phone. On November 1, 2019, Lambert traveled to a hotel in Lewisburg in order to engage in sexual intercourse with the purported 14-year-old girl and was placed under arrest.

The investigation was conducted by the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, which includes task force officers from the West Virginia State Police, the Kanawha County Sheriff’s Office, and the Ashland (Kentucky) Police Department, with additional assistance from the Greenbrier County Sheriff’s Office. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.

These cases were prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:19-cr-00295.

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Defendant stole a postal meter, money and stamps

BECKLEY, W.Va. –  A Greenbrier County man entered a guilty plea to the felony offense of breaking into a United States Post Office, announced United States Attorney Mike Stuart.  Matthew Riffle, 29, of Rupert, faces up to five years in prison and a $250,000 fine when he is sentenced on January 8, 2021.  He also will be required to pay restitution to the United States Post Office. 

“Riffle not only broke into a post office- he admitted he broke into two,” said United States Attorney Mike Stuart.  “The security of our post offices is critical. In a season of massive amounts of ballots being delivered by mail, this case echoes the worries of many in the country as to post office and postal service security. I commend the tremendous work of the U. S. Postal Inspection Service and the Sheriff’s Departments of Greenbrier and Fayette counties.” 

On two successive days, Riffle broke into two different United States Post Offices.  On March 31, 2019, Riffle used a pry bar to break into the Springdale, Fayette County, United States Post Office.  Once inside, he took a postage meter, mail, stamps and some cash.  On the previous day, Riffle broke into the Smoot, Greenbrier County, United States Post Office and took some cash.  Finally, on April 1, 2019, Riffle again attempted to break into the Smoot Post Office, but was not successful due to the installation of a new door lock and security mechanism.  Riffle was arrested on April 2, 2019 by the Greenbrier County Sheriff’s Department.  Riffle was advised of his Miranda rights and agreed to give a statement.  He admitted to breaking into both of the post offices, and attempting to break into the Smoot Post Office a second time.   Riffle stated that his goal was to take the postal machine that prints money orders, but he took the postage stamp meter by mistake. Law enforcement recovered a number of the stolen items from Riffle’s home, including the postage meter from the Springdale Post Office. 

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. 5:20-cr-00064.

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CHARLESTON, W.Va. – An Akron, Ohio man has been sentenced for a gun crime, according to United States Attorney Mike Stuart.  Devon Alexander, 30, was sentenced to 84 months in federal prison, to be followed by three years of supervised release.  Alexander was convicted by a federal jury in December 2019 of being a felon in possession of a firearm.

“Akron- again. As I’ve said before, federal gun laws are straight-forward – persons convicted of felonies, whether they be federal or state offenses, are prohibited from possessing firearms,” said United States Attorney Mike Stuart.  “I applaud the work of our law enforcement partners for getting another violent felon off the streets of Charleston.” 

Alexander was previously indicted on a single count of being a felon in possession of a firearm due to previous convictions for tampering with evidence and having weapons under disability in Summit County, Ohio.  At trial, evidence revealed that during a search of a house in Charleston in August of 2018, police witnessed Alexander toss a Citadel 1911 semi-automatic handgun into the yard while attempting to flee.

The investigation was the result of a joint effort by the Metro Drug Enforcement Network Team (MDENT), the Drug Enforcement Administration (DEA), the Kanawha County Sheriff’s Office, and the West Virginia Department of Corrections and Rehabilitation.  

United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Monica Coleman and former Assistant United States Attorney Stefan Hasselblad handled the prosecution.

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. 2:18-cr-00258.

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Cabell County Opioid-Related Overdose Deaths Decline by 52%

CHARLESTON, W.Va. – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Southern District of West Virginia, and identifying wholesale distribution networks and international and domestic suppliers.  Under Operation S.O.S., the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.

“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”

“Operation S.O.S. is saving lives,” said United States Attorney Mike Stuart.  “We have made great strides in the fight against the opioid epidemic that once ravaged Cabell County.  Through prosecution of fentanyl dealers, combined with efforts in prevention, intervention and treatment, a 52% reduction in opioid-related overdose deaths has been realized in the County from 2017 to 2019.  I  appreciate the support of the Attorney General, the Deputy Attorney General and the Justice Department in this most important operation.” 

Operation S.O.S. has had a significant positive impact in Cabell County.  In calendar year 2017,  there were 184 opioid-related overdose deaths in the County, compared to 88 opioid-related overdose deaths in 2019 – a 52% reduction.  Recent successful prosecutions include:

• A federal jury convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking.  Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home.  Officers seized over one kilogram of fentanyl and a firearm.
• Jason Chinn pled guilty to possession with intent to distribute heroin after officers seized 370 grams from his home.  He also sold 45 grams of heroin to a confidential informant.  As part of his plea agreement, Chinn agreed that he was responsible for the distribution of up to 3 kilograms of the drug.  This week, Chinn was sentenced to 100 months in federal prison.

Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.  

The nine other participating districts and some of their successes are listed below:

• The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution.  In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
• The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape
• The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
• The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.   
• The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio.  The DTO purchased kilogram quantities of cocaine and oxycodone pills.  Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria.  During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
• The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
• The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations.  Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
• The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses.  More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation. 
• The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants.  During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.

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

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CHARLESTON, W.Va. – A Morgantown man pled guilty today to federal gun crimes, announced United States Attorney Mike Stuart. Robert William Moats, 34, pled guilty to being a felon in possession of a firearm and possession of a firearm with a removed serial number.

Moats admitted that while in Charleston on March 21, 2018, he was in possession of a Phoenix Arms, Raven, .25 caliber semi-automatic pistol that had an obliterated serial number. Moats also admitted that he knew he was a convicted felon and that he was prohibited from possessing a firearm because of a 2003 felony conviction in Monongalia County Circuit Court for second degree murder.

Moats faces up to 15 years in prison when sentenced on December 22, 2020.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Courtney Cremeans is handling the prosecution.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.            

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. 2:20-cr-00008.

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BLUEFIELD, W.Va. – A Pennsylvania man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating in Mercer County, announced United States Attorney Mike Stuart. Alonzo Wooden, 44, of Macungie, Pennsylvania, was sentenced to 12 months in prison, to be followed by three years of supervised release, for conspiring to distribute cocaine and oxymorphone. Wooden was charged as a result of a long-term, multi-state investigation known as Operation X-Nation. 

“The takedown of this DTO snared drug traffickers from Pennsylvania, New York and West Virginia,” said United States Attorney Mike Stuart.  “All drug traffickers are treated the same in my district.  If we catch you peddling your poisons, putting West Virginia children and families in danger, you will be prosecuted.”

Wooden previously admitted at a plea hearing in June of this year, that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time period, Wooden worked with other members of the DTO to distribute prescription pills and cocaine in and around Mercer County. More specifically, Wooden admitted to selling oxymorphone pills and cocaine to individuals he now knows were working as confidential informants. Wooden admitted that the informants would call another member of the DTO who would then direct the informants to meet Wooden or other members of the DTO at a specific location. The locations were different trailer parks in Princeton where the other member owned several trailers. When the informants arrived, Wooden sold cocaine on at least one occasion and oxymorphone on three separate occasions. 

The investigation was conducted by the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution. 

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. 1:19-cr-00307.

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CHARLESTON, W.Va. – An Ohio man was sentenced to federal prison today,  announced United States Attorney Mike Stuart.  Robert Lamar Bates-Porter, 33, of Columbus, Ohio, was sentenced to 154 months in prison, followed by five years of supervised release after pleading guilty to possession with intent to distribute more than 400 grams of fentanyl.

“The package received by Bates-Porter contained a kilogram of deadly fentanyl.  If not seized by law enforcement, this amount of fentanyl could have killed up to 500,000 people,” said United States Attorney Mike Stuart.  “Bates-Porter is a repeat offender that had returned to drug trafficking while still on supervised release from a prior conviction.  My team worked closely with West Virginia and Ohio law enforcement authorities to ensure this dangerous drug trafficker would no longer wreak havoc in our communities.”

During the late summer of 2019, the Washington County, Ohio Major Crimes Task Force (MCTF) was investigating a drug trafficking organization (DTO) that was bringing fentanyl and heroin from Columbus, Ohio to be distributed in and around Marietta, Ohio and Parkersburg, West Virginia. MCTF joined forces with the Parkersburg Narcotics Task Force (PNTF) to investigate the organization. Investigators identified Bates-Porter as a key member of the organization. In September 2019, Bates-Porter ordered a package of drugs to be delivered to a residence on Roselynne Avenue in Parkersburg. The package was delivered on September 12, 2019.  Bates-Porter drove from Columbus to Parkersburg and arrived at Roselynne Avenue after midnight on September 13, 2019. Shortly thereafter, PNTF personnel executed a search warrant at the residence where they found Bates-Porter in the basement preparing to open the drug package. Officers seized the package which contained a kilogram of fentanyl. Later the same day, police in Columbus, Ohio executed a search warrant at Bates-Porter’s residence where they seized approximately 260 grams of heroin, 94 grams of cocaine, and a small quantity of a mixture of heroin and fentanyl. 

At the time of his arrest, Bates-Porter was on federal supervised release for a 2014 conviction in the Southern District of West Virginia for possession of a firearm in furtherance of drug trafficking. At the plea hearing, he admitted that he took possession of the package and intended to distribute the drugs inside which he claimed to believe was heroin.   

The Washington County Major Crimes Task Force, the Parkersburg Narcotics Task Force, the United States Postal Inspection Service, and the Columbus, Ohio Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Joshua C. Hanks handled the prosecution.

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. 2:20-cr-00080 and 2:14-cr-00052.

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