Southern District of West Virginia

CHARLESTON, W.Va. – A federal grand jury has handed down two separate indictments charging a Charleston tax preparer and her mother in connection with a fraud scheme, according to United States Attorney Mike Stuart.

“Small businesses and entrepreneurs are the backbone of the American economy.  Business is tough especially for smaller businesses that may not have the resources of larger enterprises.  In this case, the victims did everything right- hired good employees, managed their company, and, as all good business should do, hired an accountant.  Unfortunately, they hired what we allege is a fraudster that, for nearly a decade, faked, constructed and defrauded her victims out of nearly $600,000,” said United States Attorney Mike Stuart.  “These two indictments- separate but certainly related- allege a very complex fraud scheme carried out by the defendants for the purpose of personal enrichment.  Greed for lack of a better term.  I applaud the efforts of our federal and state law enforcement partners for conducting the quick, but thorough investigation resulting in today’s indictments.”

“A great deal of trust was placed in these two individuals to not violate the fiduciary responsibility they had with their clients,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “Instead, these women chose to pocket the hard earned money of local companies. The FBI does not take lightly any betrayal of trust and will fully investigate these crimes.”

Misty Brotherton-Tanner, 40, was charged in an 18-count indictment with wire fraud, aggravated identity theft, unlawful monetary transactions and making false statements. She faces up to 270 years in prison, with as much as four years running consecutively, a $4.5 million fine and three years of supervised release, if convicted.

The indictment alleges that from 2014 until March 13, 2020, Brotherton-Tanner provided tax preparation and bookkeeping services to several businesses, including three West Virginia corporations, all located in Kanawha County.  The indictment further alleges that she had provided the same services in the past to a now dissolved Kanawha County non-profit. According to the indictment, as part of Brotherton-Tanner’s work for the companies, she had access to each company’s accounting software that was connected to each of the company’s bank accounts.  Brotherton-Tanner used QuickBooks software to embezzle from the local businesses - she created "ghost" employee accounts and then funneled the money to the employee accounts before ultimately transferring the money to bank accounts over which she maintained control. Brotherton-Tanner used identities of herself, members of her family and others to create "ghost" employee accounts at the companies and connected those to her personal bank accounts. She was not employed by any of the companies, but would submit bills for her services to get paid. She created herself an employee profile in each company’s Quickbooks payroll system, knowing that she was not entitled or authorized to receive the funds she transferred to herself.  According to the indictment, Brotherton-Tanner also transferred a portion of the stolen funds to a non-profit’s bank account that she controlled and from the nonprofit’s bank account, she would then write checks to be distributed to herself and her family members, including Lois Brotherton, who is charged in a separate indictment.  In addition, the indictment alleges that Brotherton-Tanner fraudulently misrepresented to two companies that she had filed the federal and state tax returns for both of the companies, although she knew she had not filed the tax returns or paid the taxes due since 2013.  In furtherance of the scheme, Brotherton-Tanner made six electronic transfers from a third company’s bank account to the State of West Virginia Tax Department to pay off the state tax debt of one of the companies in an attempt to conceal her previous fraudulent transfers to herself and other “ghost employees.” According to the indictment, Brotherton-Tanner defrauded several businesses of at least $582,696.

In a separate five count indictment, Brotherton-Tanner’s mother, Lois Brotherton, 65, was indicted for conspiracy to commit wire fraud and wire fraud. She faces up to 100 years in prison, a $1 million fine and three years of supervised release, if convicted.  According to the indictment, Brotherton also provided bookkeeping, accounting and website design services to the same Kanawha County non-profit organization as Brotherton-Tanner.  The non-profit is now dissolved. According to the indictment, in 2017, Brotherton asked Brotherton-Tanner to write her checks from the non-profit’s bank account, although Brotherton knew she was not entitled to those funds. Brotherton-Tanner agreed to do so.  Brotherton would receive money at the non-profit that her daughter would transfer from three different companies, without their knowledge or consent. Brotherton would then deposit the money into her personal account.  As a result, the indictment alleges that Brotherton and Brotherton-Tanner defrauded the companies of at least $48,509.

The cases were investigated by the Federal Bureau of Investigation (FBI), the Internal Revenue Service-Criminal Investigations, the United States Postal Inspection Service and the West Virginia State Tax Department-Criminal Investigation Division. United States Attorney Mike Stuart and Assistant United States Attorneys Erik Goes and Kathleen Robeson are handling the prosecution.

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

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-00146 (Brotherton-Tanner) 2:20-cr-00147 (Brotherton).

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. –Mike Stuart, United States Attorney for the Southern District of West Virginia, joined by federal, state and local law enforcement officials, will hold a press conference on Wednesday, August 19, 2020, at 10 a.m. regarding law enforcement actions.

Where:            Robert C. Byrd United States Courthouse – (will be outside in the front courtyard)
300 Virginia Street East
Charleston, WV 25301                 

When:             Wednesday, August 19, 2020 at 10 a.m.

*Note:  Please wear masks.

Follow us on Twitter: SDWVNews and USAttyStuart

###

HUNTINGTON, W.Va. – A Detroit man trafficking fentanyl, and a Huntington woman assisting him, both pled guilty to federal charges today, announced United States Attorney Mike Stuart. Vernon Eugene Mitchell, 30, and Tasha Lynn Adkins, 34, both pled guilty to distributing fentanyl. Mitchell also pled guilty to possession of a firearm in furtherance of a drug trafficking crime.

“Detroit is home for another drug dealer taken down in southern West Virginia. Fentanyl has been a death drug for our people and Detroit and out-of-state drug dealers simply don’t care. These two were quite the pair. Drugs and guns don’t mix and lawbreakers will be caught and prosecuted,” said United States Attorney Mike Stuart. “We are all safer having these two off the streets.”

On October 2, 2019, officers with the Huntington Police Department utilized a confidential informant to purchase fentanyl from Mitchell. The informant met with Mitchell near the intersection of 13th Street West and Monroe Avenue in Huntington where Mitchell provided the fentanyl to the informant. 

On October 28, 2019, officers again used an informant to contact Mitchell to purchase fentanyl. On that date, Mitchell directed the informant to go to a residence in the 300 block of 5th Avenue in Huntington. At that location, Adkins met with the informant and distributed the fentanyl. 

Officers executed a search warrant at Mitchell’s residence located at 438 ½ 5th Avenue in Huntington on November 7, 2019. When officers entered, they located Mitchell and Adkins. During the search, officers found a number of items including $11,201 in cash and a loaded .45 caliber pistol. Mitchell admitted at the plea hearing that he made the money by selling fentanyl and that he possessed the firearm. Mitchell also admitted that he had been selling heroin and fentanyl in the Huntington area between the summer of 2019 and December 2019. 

Mitchell faces five years to life in prison when he is sentenced on November 23, 2020. Adkins faces up to 20 years in prison when she is sentenced on November 23, 2020.   

The Huntington Police Department 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.

The case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.) and the Project Safe Neighborhoods (PSN) program.

Operation Synthetic Opioid Surge (S.O.S.) is an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.

The Project Safe Neighborhoods (PSN) program is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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-00311.

Follow us on Twitter: SDWVNews and USAttyStuart

###

HUNTINGTON, W.Va. – A Huntington woman has pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Elizabeth Leighton Mullins, 46, pled guilty to possession with intent to distribute methamphetamine and to being a prohibited person in possession of a firearm.

“Getting illegal drugs off the streets of Huntington was a top priority of mine since becoming United States Attorney. We have left no stone unturned and the results speak for themselves,” said United States Attorney Mike Stuart. “Great work by the Huntington Police Department and the Violent Crime and Drug Task Force West in stopping this gun-toting drug dealer.”

Mullins admitted that on February 13, 2019, in a residence at 1352 Charleston Ave. in Huntington, she possessed plastic baggies containing approximately 69 grams of methamphetamine, a loaded SCCY CPX-1 9mm pistol, and a loaded Ruger LCP II .380 caliber pistol. Mullins later admitted that the methamphetamine was hers and that she intended to sell it. Mullins also admitted that she was an unlawful user of methamphetamine which prevented her from possessing the firearms. Mullins faces a maximum of 20 years in prison when sentenced on November 16, 2020.

The Huntington Police Department 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 Ryan A. Keefe is handling the prosecution.

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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-00203.

Follow us on Twitter: SDWVNews and USAttyStuart

###

Wrote Nearly $500,000 in Checks on Church Account for Personal Benefit

HUNTINGTON, W.Va. – A Cabell County man was sentenced to 33 months in prison for a federal fraud crime, announced United States Attorney Mike Stuart. Robert Dale Adkins, 76, of Ona, previously pled guilty to a mail fraud scheme. Adkins also was ordered to pay restitution in the amount of $487,488.92.

“Stealing is one thing, but stealing almost half a million dollars from a church is both remarkable and tragic,” said United States Attorney Mike Stuart. “This man betrayed the trust of the church and its parishioners for six years by padding his personal bank account with the church’s money.”

From at least 2012 until approximately December 2018, Adkins was the treasurer for the Antioch Baptist Church, located near Ona. As treasurer, Adkins had access to the church’s checking account and was authorized to sign checks from that account on behalf of the church. While serving as treasurer, Adkins wrote and signed checks on the church’s account for his own benefit. Those checks went to pay personal creditors as well as for personal items. Adkins wrote the checks without the church membership’s knowledge or approval, and without the knowledge or approval of any church board member. Adkins would then mail the checks to pay his personal creditors. Adkins wrote approximately $487,488.92 in unauthorized checks on the church’s account for his personal use.

The West Virginia State Police and the United States Postal Inspection Service (USPIS) conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Greg McVey 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-00012.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A South Charleston man pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Eric Wiseman, 39, pled guilty to attempting to possess with intent to distribute marijuana.

“Arranging for the delivery of marijuana and the sale of marijuana amounts to drug trafficking,” said United States Attorney Mike Stuart. “U.S. Attorneys don’t make the laws. I don’t make the laws, I enforce the laws - all laws. Marijuana is illegal under federal law and my office prosecutes all federal crimes, including those involving marijuana.”

Wiseman admitted that on November 7, 2019, he attempted to possess approximately 6.1 kg of marijuana and had arranged for the delivery of this marijuana to his residence in South Charleston. Wiseman further admitted he had intended to distribute this marijuana for sale. Officers with the Metropolitan Drug Enforcement Network Team (MDENT) intercepted the marijuana delivery and then conducted a controlled delivery of a package to his residence as part of their investigation.

Wiseman faces up to five years in prison when he is sentenced on November 12, 2020.

The Metropolitan Drug Enforcement Network Team (MDENT) 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-00122.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – Two men pled guilty this week to federal firearm crimes, according to United States Attorney Mike Stuart.

Jeremy Vance, 38, of Charleston, pled guilty to being a felon in possession of several firearms in Logan County. Vance admitted that on August 15, 2019, he was carrying four guns while riding a bicycle in West Logan. He admitted that he knew he should not have had the guns because he had previously been convicted of breaking and entering in Logan County Circuit Court in 2011. Vance admitted that he had planned to take the four guns to a local flea market to sell them for money. The guns included two Mossberg 12 gauge shotguns, one Marlin .22 caliber rifle and one Marlin 12 gauge shotgun. Vance faces up to 10 years in prison when sentenced on December 9, 2020. The West Virginia State Police conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Kristin Scott is handling the prosecution.

Adam Michael Miller, 28, of Parkersburg, pled guilty to being a felon in possession of a firearm. Miller admitted that he was driving a white Honda Pilot on October 28, 2019, when the vehicle was stopped by an officer with the Parkersburg Police Department in the 900 block of Williams Street in Parkersburg. Officers searched the vehicle and found a loaded Smith & Wesson .40 caliber semi-automatic pistol along with a digital scale, small empty plastic bags consistent with drug distribution, and quantities of marijuana and psilocybin mushrooms. Several .40 caliber bullets also were found on Miller’s person. The firearm had previously been reported to the Parkersburg Police Department as stolen. Miller was not legally permitted to possess a firearm due to his previous conviction for the felony offense of burglary on December 6, 2017, in the Circuit Court of Calhoun County. Miller’s prior burglary conviction was related to his role in the kidnapping and torture of Joshua Darwin Shrader of Parkersburg in July 2016. He was sentenced to prison in that case for an indeterminate sentence of not less than one year or more than 15 years. He was later released on supervised parole and was still on parole when this offense occurred. In addition to the burglary conviction, Miller has three convictions for battery on a corrections officer, four convictions for battery, three convictions for violation of a protective order, as well as convictions for reporting a false emergency, obstructing an officer, destruction of property and intimidation of a witness. Miller faces up to 10 years in prison when sentenced on December 8, 2020. The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.

These cases are being prosecuted as part of the 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 is prosecuting these cases with support from the Project Guardian partners noted 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-00094 (Vance) and Case No. 2:20-cr-00022 (Miller).

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced the release of a ‘Back the Blue’ video supporting law enforcement in West Virginia and across the country. The video features Stuart, along with several staff members of the United States Attorney’s Office for the Southern District of West Virginia, voicing support for law enforcement.

“I’m proud as the United States Attorney for the Southern District of West Virginia to make it clear that I back the blue, that we back the blue, and that our progress in keeping our streets safe is a commitment that we share with our federal, state and local partners,” said United States Attorney Mike Stuart. “Recent efforts to defund, undermine and weaken the police will only make our communities less safe. The police are not the enemy. They are brave, courageous public servants. Our police officers should never be a target for those attempting to undermine public safety. God forbid if those that attempt to undermine our police are successful in their efforts. The public needs police protection now more than ever, especially in light of the violence surging across the country. I encourage members of the public to show their support for law enforcement all across this nation. We cannot continue to demoralize our police; we need to lift them up and have their backs as they work tirelessly to protect us every day. We keep them and their family members in our prayers.”

The video can be seen on the district’s YouTube page.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – An Akron, Ohio man has pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Devante Terrell Hatch, 28, pled guilty to possession with intent to distribute 50 grams or more of methamphetamine.

“Another Akron drug dealer is caught bringing his poison into West Virginia,” said United States Attorney Mike Stuart. “Hatch joins a long list of out-of-state drug dealers prosecuted by my office. My team, along with our law enforcement partners, is working hand-in-glove with our colleagues in Ohio and elsewhere to hold drug dealers accountable and shut down the flow of drugs into our communities.”

On February 25, 2019, the Parkersburg Narcotics Task Force (PNTF) received a tip that a large load of drugs was being delivered to a specific apartment on Staunton Avenue between 9 p.m. and 11 p.m. and that it would be coming from Akron, Ohio in a vehicle with Ohio license plates. Uniformed Parkersburg Police Officers began surveilling the area. At 10:05 p.m., they observed a GMC Terrain with Ohio license plates pull into the alley behind Staunton Avenue and park directly behind the apartment. Police made contact with Hatch, who was driving the vehicle. Hatch claimed to be there to visit his girlfriend, but he could not tell them where she lived. The officers smelled marijuana and asked Hatch whether he had any in the vehicle. Hatch admitted that he did, and officers searched the vehicle. The officers located and seized two backpacks containing marijuana and more than four pounds of methamphetamine. At the plea hearing, Hatch admitted that he intended to distribute the methamphetamine in Parkersburg. 

Hatch faces five to 40 years in prison and at least four years of supervised release when he is sentenced on December 9, 2020.

The Parkersburg Narcotics Task Force and the Parkersburg Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Joshua 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-00061.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Keith Lessard, 40, of Uxbridge, Massachusetts, was arrested on a federal criminal complaint alleging that he mailed threatening communications to a Kanawha County Circuit Judge. According to the criminal complaint, Lessard engaged in a series of communications with the Judge and others using email and the United States Postal Service. The communications were part of a scheme to extort money from the Judge by threatening injury to her reputation by claiming that she engaged in illegal prosecutorial misconduct in a 2010 case against Lessard when she was serving as an Assistant Prosecuting Attorney in Kanawha County. The complaint further notes that there is no evidence supporting Lessard’s claims of illegal conduct on the part of the Assistant Prosecutor.

“Any threat to any member of the judiciary is taken very seriously. I commend the FBI and the U.S. Postal Inspection Service for conducting the thorough investigation which led to Lessard’s arrest today,” said United States Attorney Mike Stuart.

“We take extortion threats very seriously and will investigate them to our full potential,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “People who think they can extort others need to know there will be consequences. These crimes cause severe emotional distress and will not be tolerated.”

“The U.S. Postal Inspection Service is committed to preserving the integrity of the U.S. mail. By working closely with our law enforcement partners in operations like this, we can hold those engaged in terrible crimes accountable for their actions,” said Tosha Dennis, Acting Inspector in Charge of the Pittsburgh Division.

Lessard faces up to two years in prison, if convicted.

The Federal Bureau of Investigation (FBI) and the United States Postal Inspection Service (USPIS) are conducting the investigation. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.

Note: The charge contained in the complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

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-mj-00106.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Charleston woman was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Courtney Ferrell, 45, was sentenced to 36 months in prison for possession with intent to distribute methamphetamine. She also will serve four years of supervised release.

“My team is doing what it does best…putting criminals behind bars and ridding the streets of dangerous drugs and drug dealers,” said United States Attorney Mike Stuart.

Ferrell previously admitted that she was in possession of over 134 grams of methamphetamine when officers searched her room at the Motel 6 in Cross Lanes on November 15, 2018. A search of her home on October 12, 2018 revealed an additional 500 grams of methamphetamine. Ferrell accepted responsibility for 680.33 grams of methamphetamine.

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 Julie White and former Assistant United States Attorney Ryan Saunders 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-00269.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Charleston man has pled guilty to a federal firearm offense, announced United States Attorney Mike Stuart. Frankie D. McNeal, 25, 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. Investigation into the incident revealed that 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 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorney Kristin F. Scott is handling the prosecution. United States District Judge Irene C. Berger presided over the hearing.

This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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-00099.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Wood County man was sentenced to 103 months in federal prison for being a felon in possession of a firearm, according to United States Attorney Mike Stuart. Jeromee Todd Donaway, 31, of Parkersburg, also will serve three years on supervised release.

Donaway pled guilty in March 2020 and admitted that he possessed firearms on two occasions while on parole after being convicted in Wood County Circuit Court in September 2017 of possession with intent to deliver a controlled substance. On February 25, 2019, the Parkersburg Police Department responded to a residence on Broadway Avenue to investigate a complaint that Donaway had been seen waving a firearm while screaming at someone. The responding officers detained Donaway and located a loaded Cobra .380 caliber pistol in Donaway’s backpack. At the time of the arrest, Donaway was on bond for a previous incident that occurred on December 22, 2018 when the Vienna Police Department seized two pistols from him during a traffic stop on Grand Central Avenue. A backpack in the vehicle contained quantities of suspected methamphetamine and heroin. Donaway has three prior convictions of possession with intent to deliver a controlled substance, as well as convictions for carrying a dangerous weapon and attempting to disarm a police officer.   

The Parkersburg Police Department and the Vienna Police Department conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.

The case was 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 the case with support from the Project Guardian partners noted 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. 2:19-cr-00268.

Follow us on Twitter: SDWVNews and USAttyStuart

###

BLUEFIELD, W.Va. – A Wheeling man pled guilty today to conspiring with another person to produce child pornography, announced United States Attorney Mike Stuart. Randall Lee Peggs, 56, pled guilty to conspiracy to produce child pornography.

“These Project Safe Childhood cases are difficult but necessary,” said United States Attorney Mike Stuart. “We work closely with our partners in law enforcement to investigate and prosecute these cases. We will always hold child predators accountable.”

Peggs admitted that he began talking with codefendant Elizabeth Haway, of Princeton, on Facebook in November 2018. Over the course of several months, Peggs and Haway conspired to produce child pornography of a female minor child. The majority of their communications occurred on Facebook Messenger. Peggs encouraged Haway to record and send him nude videos of the female minor child. Ultimately, Haway recorded a video of the female minor child that showed the child nude and sent the video to Peggs via Facebook in February 2019.

Peggs faces a mandatory minimum of 15 years and up to 30 years in prison when sentenced on November 9, 2020. Haway is awaiting trial.

This case was investigated by the Mercer County Sheriff’s Department, the Federal Bureau of Investigation (FBI) and the FBI’s Violent Crimes Against Children Task Force. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.

This case is being 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. 1:19-cr-00304.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a gun crime, according to United States Attorney Mike Stuart. Harry Lee Nguyen, 24, was sentenced to 24 months in prison for being a felon in possession of a firearm.

On January 10, 2020, Nguyen pled guilty to being a felon in possession of a firearm based on his arrest by Charleston Police detectives on August 3, 2019. He admitted that he had a .40 caliber Smith & Wesson handgun in his possession and threw the gun into a yard of a residence on Charleston’s West Side. Nguyen has two prior felony convictions which prohibit him from having a weapon – one on February 1, 2016 for wanton endangerment with a firearm where he twice shot at a woman with a handgun and missed, and another on May 1, 2017 for malicious wounding where he punched and kicked a victim breaking the victim’s nose and ribs.

The Charleston Police Department investigated the case. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Steven Loew handled the prosecution.

This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based prevention and reentry programs for lasting reductions in crime.

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-00275.

Follow us on Twitter: SDWVNews and USAttyStuart

###

Two felons appeared in federal court this week for gun crimes, according to United States Attorney Mike Stuart.

Shad Michael Knight, 27, of Parkersburg, was sentenced to 60 months in prison for being a felon in possession of a firearm. Knight’s prison sentence will begin following the completion of a sentence that he currently is serving through Wood County Circuit Court, and will be followed by three years of supervised release. Knight previously admitted that on October 21, 2019, he was driving a blue Chevrolet Cruze when it was pulled over in the 1000 block of 29th Street in Parkersburg due to a busted tail light and Knight having a suspended driver’s license. During the traffic stop, a Parkersburg Police Department K-9 responded to the scene and provided a positive indication for the presence of controlled substances within the vehicle. The vehicle was then searched, and officers located a backpack behind the driver’s seat containing a 9mm pistol, two loaded magazines, two boxes of 9mm ammunition, several small plastic bags, and a small amount of methamphetamine. Knight admitted that the firearm was within his possession, that he had placed the firearm in the backpack prior to the traffic stop, and that he knew that he was not permitted to possess firearms under federal law. Knight had previously been convicted of possession of a controlled substance with intent to deliver in Wood County Circuit Court, and was still on parole for that offense when this incident occurred. The Parkersburg Narcotics Task Force, the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.

Michael LeRose, 32, of Nitro, pled guilty to being a felon in possession of a firearm. LeRose admitted that on June 9, 2020, law enforcement officers executed a search warrant on his residence. Inside they recovered a .22 caliber rifle, a 5.56 mm caliber semi-automatic rifle, two 9mm handguns, two AM-15 rifle receivers, and a full auto conversion kit for a semi-automatic rifle. They also recovered assorted ammunition, a homemade silencer, marijuana and psychedelic mushrooms.  A tactical vest also was found in a separate search of his car. LeRose acknowledged that his addiction to drugs prohibited him from possessing firearms, as he was a user of multiple illegal narcotics. He faces up to 10 years in prison when sentenced on October 27, 2020. The Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney L. Alexander Hamner 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 (ATF) 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 noted 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-00007 (Knight) and Case No. 2:20-cr-00097 (LeRose).

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced that a federal grand jury has indicted a Kanawha County woman in connection with an elaborate fraud scheme. A five-count indictment charged Holly Urlahs, also known as Holly Anderson, 32, of Elkview, with bank fraud, mail fraud, forging the signature of a judge and two counts of aggravated identity theft.

The indictment alleges that Urlahs falsely claimed to have sued Charleston Area Medical Center (CAMC) and was expecting a large financial settlement from her lawsuit. Under these false pretenses, she set out to defraud financial institutions and an insurance company. According to the indictment, as part of her fraudulent scheme, Urlahs altered a $100 cashier’s check to reflect an amount over $8.4 million. The indictment also alleges that Urlahs provided fake documents with forged signatures and a personal check for $1 million, although she knew she did not have sufficient funds in her account, to an insurance company to obtain an annuity contract. Urlahs’ check was returned for insufficient funds.

“The allegations contained in this indictment are very serious,” said United States Attorney Mike Stuart. “I commend the work of the investigators in this case – they were able to unravel the defendant’s elaborate fraud scheme.” 

The investigation was conducted by the West Virginia State Police-Bureau of Criminal Investigations and the West Virginia Insurance Commissioner’s Special Investigations Division. Assistant United States Attorney Kathleen Robeson is handling the prosecution.

If convicted on all counts, Urlahs faces up to 55 years in prison. 

Please Note:  An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Follow us on Twitter: SDWVNews and USAttyStuart

###

HUNTINGTON, W.Va. – A Chesapeake, Ohio man pled guilty to a sex offense involving a minor, announced United States Attorney Mike Stuart. Mikel Bradley Smith, 19, pled guilty to traveling in interstate commerce to engage in sexual activity with a minor.

“Protecting children is a top priority in my office,” said United States Attorney Mike Stuart. “Crimes against children are inexcusable and child predators will be prosecuted to the fullest extent of the law.”

Smith admitted that on February 27, 2020, he responded to a Craigslist ad and engaged in a conversation with a person he believed to be a mother of two minors, ages 11 and 13. During the course of the conversation, Smith arranged to travel from Chesapeake, Ohio to Huntington to meet the woman in order to engage in sexual activity, including oral sex and sexual intercourse, with the two minor females. On February 28, 2020, Smith traveled to Huntington with condoms and small gifts for the two minors and met with the woman, at which time he was placed under arrest.

Smith faces up to 30 years in prison when sentenced on November 2, 2020. He also will be required to register as a sex offender following his release from prison.

The Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force conducted the investigation. United States District Judge Robert C. Chambers 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. 3:20-cr-00071.

Follow us on Twitter: SDWVNews and USAttyStuart

 
###

CHARLESTON, W.Va. – A Charleston man pled guilty today to federal charges related to three drug transactions, announced United States Attorney Mike Stuart.  Levi Kennith Carter, 30, pled guilty to two counts of distribution of heroin, fentanyl and methamphetamine, and one count of distribution of methamphetamine.

“A three-time felon – two prior drug convictions and now again,” said United States Attorney Mike Stuart. “Carter’s two prior drug convictions didn’t help him see the error of his ways. Maybe this conviction will. Maybe not. Regardless, he’ll have plenty of time to consider his future.”

Carter 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 from the Southern District of West Virginia for felony offenses tied to drug dealing activity. 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.

Carter faces up to 20 years in prison when sentenced on October 29, 2020.

The Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe 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-00073.

Follow us on Twitter: SDWVNews and USAttyStuart
 

###

A West Virginia doctor has pleaded guilty to omitting material information as required as part of his controlled substance reporting requirements to the U.S. Drug Enforcement Administration (DEA).  

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Mike Stuart of the Southern District of West Virginia, and Special Agent in Charge Special Agent in Charge J. Todd Scott of the DEA’s Louisville Division made the announcement.

Michael Shramowiat, M.D., 67, of Vienna, West Virginia, was charged in an information unsealed July 24, 2020, and pleaded guilty to one count of omitting material information from his controlled substance reporting, as required by his DEA registration, before U.S. District Judge Irene C. Berger of the Southern District of West Virginia.  Sentencing has been scheduled for Dec. 2, 2020, before Judge Berger.  As part of the plea, Shramowiat will have his medical license and DEA registration permanently revoked and forfeit $250,000 worth of cash and assets.

As part of his guilty plea, Shramowiat admitted that he failed to report to the DEA that he disposed of hydrocodone, a schedule II controlled substance, from his practice Mountaineer Pain Relief and Rehabilitation, in violation of his reporting duty pursuant to DEA regulations.

The DEA investigated the case.  Assistant Chief Kilby Macfadden and Trial Attorney Andrew B. Barras of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the ARPO Strike Force.  Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 50 million pills.  Thus far there have been 29 guilty pleas as a result of ARPO Strike Force’s efforts.  The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion.  In addition, the Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

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.

CHARLESTON, W.Va. – A Sevierville, Tennessee man pled guilty to a federal firearm charge today, announced United States Attorney Mike Stuart. Bryan Lee Ogle, II, 33, pled guilty to being a felon in possession of a firearm.

“Law enforcement officers risk their lives every day to keep the rest of us safe from dangerous individuals like Ogle,” said United States Attorney Mike Stuart. “We are fortunate that when Ogle shot the Charleston Police officer the bullet was deflected by the officer’s body camera. Assaults on police officers in my district will be prosecuted to the fullest extent of the law. This case is a great example of state and federal prosecutors working together to hold violent offenders accountable to the fullest extent of the law.”

Ogle admitted that he was driving a vehicle near Montgomery on February 8, 2018, when officers with the Montgomery Police Department attempted to perform a traffic stop on it. In response, the defendant pulled over momentarily but then began to flee at a high rate of speed. The pursuit reached speeds of approximately 110 mph in a residential and business area with a 35 mph speed limit. Eventually, the defendant lost control of the vehicle and struck a hillside on the side of the roadway. As officers attempted to open the driver’s side door and remove the defendant, he put the vehicle in reverse and attempted to back away. The vehicle then struck a utility pole and was immobilized. An officer then stood in front of the vehicle and gave the defendant commands to stop the vehicle. In response, the defendant attempted to rev the engine and move forward to strike the officer. After realizing that the vehicle would not move, the defendant exited the vehicle and attempted to flee on foot. He was caught by officers and a physical struggle ensued, with the defendant striking and biting the involved officers. The defendant also attempted to grab and remove one of the officer’s firearms during the struggle. 

During the struggle, the defendant indicated that he possessed a firearm and attempted to reach for it. Once the defendant was secured in handcuffs, a loaded Smith and Wesson 9mm semi-automatic pistol was located in a holster on the defendant’s belt. Ogle admitted that he possessed the firearm knowing that he had previously been convicted of several felony offenses in Tennessee.

After Ogle’s arrest in Montgomery, he was taken to Charleston Area Medical Center (CAMC) General Division for medical treatment. While in custody at CAMC, Ogle attempted to escape from police, with the pursuit ending in a stairwell. When police officers attempted to place Ogle in custody, he knocked a Montgomery Police officer off of the stairs causing injuries to the officer. While the officer was down, Ogle gained control of his firearm and shot a Charleston Police officer. The bullet was deflected by the officer’s body worn camera. Ogle pled guilty in Kanawha County Circuit Court to attempted murder, escape, assault in the commission of a felony and battery and was sentenced to the maximum sentence of six to 30 years in state prison. 

Ogle faces up to life in prison on the federal charge when sentenced on October 22, 2020.

The Montgomery Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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-00057.

Follow us on Twitter: SDWVNews and USAttyStuart
 
 

###

CHARLESTON, W.Va. – Today marks the 30th anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.

The U.S. Attorney’s Office for the Southern District of West Virginia is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.  

“The ADA is a critical law that has helped ensure equal and fair treatment and opportunities for people with disabilities,” said United States Attorney Mike Stuart. “I am proud to have played a role in forging a landmark settlement with West Virginia to bring the state into compliance in its care for children with disabilities. My office will continue to fight for and protect the citizens of the Southern District of West Virginia.”

In recent years, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes an investigation into West Virginia’s children’s mental health system in which a landmark settlement was reached. The investigation concluded that there was reasonable cause to believe the state had violated the ADA by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. An agreement was reached with the State of West Virginia in May 2019, through which the state agreed to expand and improve in-home and community-based mental health services throughout the state to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment.  The state also agreed to develop a plan to eliminate the unnecessary use of residential mental health treatment facilities for children whom the state could serve in the community.

The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.

Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.

For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

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.

   Follow us on Twitter: SDWVNews and USAttyStuart

###

BECKLEY, W.Va. – The 10th defendant was sentenced for his participation in an extensive drug trafficking organization (DTO) operating between California and the Southern District of West Virginia, announced United States Attorney Mike Stuart. Corey Moore, 47, of Beckley, was sentenced to 60 months in prison, to be followed by three years of supervised release, for conspiring to distribute methamphetamine. Moore was one of 17 defendants charged as a result of a long-term, multi-state DTO investigation known as Operation Shutdown Corner.

“It is a priority of mine to break up the drug trafficking networks that are destroying our communities,” said United States Attorney Mike Stuart. “Operation Shutdown Corner was a huge success, taking down a multi-state meth pipeline and saving countless lives.”

At his plea hearing, Moore admitted that between June 2018 and September 17, 2019, he worked with other members of a DTO operating in Raleigh County to distribute methamphetamine. During that time period, Moore allowed packages containing methamphetamine to be delivered to his residence in Beckley. He then would receive directions from other members of the DTO as to who or where the package should be delivered. Moore followed those directives. In July of 2019, law enforcement officers determined that a package was delivered to Moore’s residence in Beckley. Officers conducting surveillance on Moore’s residence discovered that Moore delivered the package to another member of the DTO. Further investigation revealed that the package contained approximately five pounds of methamphetamine. 

The investigation was handled by 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-00227.

Follow us on Twitter: SDWVNews and USAttyStuart

###

BECKLEY, W.Va. – An Eagle Rock, Virginia man was sentenced today for a sex offense involving a minor, according to United States Attorney Mike Stuart. Joshua T. Haynes, 42, was sentenced to 10 years in prison, to be followed by 15 years of supervised release, for attempted sex trafficking of a minor. He also will be required to register as a sex offender.

“Child exploitation is a tragic pandemic around the world,” said United States Attorney Mike Stuart. “My office has prosecuted so many cases like this but every single one is unique and every single one is tragic by its own facts and circumstances. The mere idea that someone would attempt to knowingly purchase sex with a child, well, I’m not sure there are words that adequately describe the full nature of the crime. It is criminal on every conceivable level. Our kids - our precious kids - must be our priority and we must do everything in our power to protect them.”

Haynes previously admitted that between October 31, 2019 and November 2, 2019, he communicated with a man who stated he could provide a 14- or 15-year-old female to Haynes. Haynes agreed to pay the man money in exchange for sexual activity with the purported minor female. On November 2, 2019, Haynes met with the man in Sam Black Church and paid him the agreed upon sum in order to have sex with the minor, at which time Haynes 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 sentencing.

The 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. 5:19-cr-00292.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – Two men appeared in federal court this week for gun crimes committed in Charleston, according to United States Attorney Mike Stuart.

Christopher Reed, 29, of Ashland, Kentucky, was sentenced to 15 months in prison for being a felon in possession of a firearm. His prison term will be followed by three years of supervised release. Reed previously admitted that on February 3, 2019, he was operating a vehicle in Charleston when law enforcement officers stopped the vehicle for a traffic violation. A passenger in the vehicle was determined to have an outstanding arrest warrant from Detroit, Michigan for disarming a police officer. Officers searched the vehicle and discovered Reed had a loaded Jimenez Arms J.A. 25 pistol in the console of his vehicle. Reed admitted that he possessed the firearm and that he was a convicted felon. He had previously been convicted in 2013 in Detroit, Michigan for carrying a concealed weapon and in 2014 in Cabell County Circuit Court for conspiracy to possess with the intent to distribute a controlled substance. 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. imposed the sentence. Assistant United States Attorney Julie White and former Assistant United States Attorney Ryan Saunders handled the prosecution.

Jordan Kinney, 23, of Charleston, 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. 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Nowles H. Heinrich is handling the prosecution.

These cases are part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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-00108 (Reed) and Case No. 2:19-cr-00291 (Kinney).

   Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – Two Project Guardian defendants appeared in federal court this week on gun charges, according to United States Attorney Mike Stuart.

Brashan Beverly, 32, of Dunbar, was sentenced to 37 months in prison for being a felon in possession of a firearm. Beverly previously admitted that on January 3, 2019, he possessed a SCCY, Model CPX-2, 9mm semi-automatic pistol in Tornado. At the time he possessed the firearm, he knew he was prohibited from possessing firearms because of a prior drug conviction. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Department and the Nitro Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams and former Assistant United States Attorney Ryan A. Saunders handled the prosecution.

Patrick Napier, 48, of Logan County, pled guilty to being a felon in possession of a firearm. Napier admitted that a United States Probation Officer who was conducting a home inspection found that he had a High Point .40 caliber rifle in his bedroom.  At the time, Napier was still on supervised release as a result of his conviction for a federal drug crime. Napier faces up to 10 years in prison and three years of supervised release when he is sentenced on October 13, 2020. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Chris R. Arthur 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 noted 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. 3:19-cr-00066 (Beverly) and Case No. 2:20-cr-00065 (Napier).

   Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Fayette County man was sentenced to federal prison for his participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart. Bobby Mack, Jr., 40, was sentenced to 72 months in prison and four years of supervised release. Mack had previously entered a guilty plea to conspiracy to distribute more than 100 grams of heroin. He is the 12th defendant to be convicted and sentenced as a result of the extensive investigation into drug trafficking in the Fayette County area.

“Operation Mountaineer Highway was a hugely successful effort in keeping a smorgasbord of illegal drugs out of our central and southern West Virginia communities,” said United States Attorney Mike Stuart. “The operation took down dozens of dealers. Many lives were saved as a result of this operation. Awesome work by the incredible team that worked this matter.”

Mack previously admitted that he participated in the drug trafficking organization by supplying heroin to a co-conspirator. More specifically, Mack admitted that on July 16, 2018, he distributed 182 grams of heroin to the co-conspirator. After Mack distributed the heroin, the co-conspirator was stopped by law enforcement officers and admitted that he had obtained the heroin from Mack at Mack’s residence in Scarbro. Based on this information, officers obtained a search warrant for Mack’s residence. While conducting the search, officers located items commonly used in drug distribution, three firearms, and approximately $343,097 dollars in cash. As part of the plea agreement, Mack agreed to forfeit to the United States the firearms which he was prohibited from possessing due to a prior felony conviction, as well as the $343,097. 

The investigation was conducted by the Drug Enforcement Administration (DEA) and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department and the Oak Hill Police Department. Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman 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-00200.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Kanawha County man has pled guilty to a federal drug crime, according to United States Attorney Mike Stuart. Stephen Hayden, 51, pled guilty to cultivation of marijuana.

“This man seems to have had quite a green thumb and a big basement. He should have cultivated something legal like tomatoes or corn,” said United States Attorney Mike Stuart. “Tomatoes and corn are far easier and you can grow them outside and actually sell them. They are good for you too. Marijuana is and remains illegal under federal law. In my district, we prosecute cases involving all illegal drugs including marijuana.”

Hayden admitted that on April 9, 2018, law enforcement smelled the odor of marijuana coming from his residence. Based on the odor, the West Virginia State Police obtained a search warrant. In Hayden’s basement, officers discovered a room that contained fertilizer, grow lights, fans and other cultivation equipment. There were approximately 289 marijuana plants, in various stages of growth, with harvested marijuana hanging and drying in a closet.

Hayden faces up to five years in prison when he is sentenced on October 13, 2020.

The West Virginia State Police conducted the investigation. Senior United States District Judge David A. Faber 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. 2:20-cr-0055.

Follow us on Twitter: SDWVNews and USAttyStuart

###

HUNTINGTON, W.Va. – A Huntington man has pled guilty to a federal drug crime, announced United States Attorney Mike Stuart.  Joshua David Ramey, 29, pled guilty to possession with intent to distribute methamphetamine.

“Things just kept getting worse for Ramey – he ran out of gas, had no vehicle registration, no valid driver’s license…then officers discovered a trunk full of methamphetamine and a firearm. Reminds me of a blues song… ‘If it wasn’t for bad luck I wouldn’t have no luck at all,’” said United States Attorney Mike Stuart. “Living on the wrong side of the law eventually catches up with you. Not bad luck just bad decisions.”

Ramey admitted that on March 13, 2018, near mile marker 34 of I-64 westbound, he had been driving a vehicle which had run out of gas. A deputy with the Putnam County Sheriff’s Department stopped with the disabled vehicle and waited for a Courtesy Patrol to arrive for filling up the gas tank. Subsequent investigation determined that the vehicle had no registration and neither occupant of the vehicle, including Ramey who was the driver, had a valid driver’s license. A search of the vehicle’s trunk revealed a white shopping bag that contained four separate plastic baggies containing an approximate combined weight of 471.5 grams of methamphetamine, worth approximately $36,000 in street value. Also recovered from the trunk was a Mossburg .410 shotgun which belonged to Ramey.       

Ramey faces up to 20 years in prison when sentenced on October 19, 2020.

The Putnam County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Ryan A. Keefe and Monica D. Coleman 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. 3:18-cr-00181.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Detroit, Michigan man pled guilty to a drug crime, announced United States Attorney Mike Stuart. William Anthony Sparks, 32, pled guilty to possession with intent to distribute a quantity of heroin.

“Detroit drug dealers keep coming into our district, and we keep catching and prosecuting them,” said United States Attorney Mike Stuart. “To all you out of state drug dealers, I’ll give you few tips. Stay out of my district. Stop selling drugs. And stay out of prison. Pretty easy.”

Sparks admitted that on April 25, 2019, Jackson County Sheriff’s Office deputies stopped a car in which he was a passenger and recovered over 40 grams of a controlled substance he possessed with intent to distribute.

Sparks faces up to 20 years in prison when sentenced on October 13, 2020.

The Drug Enforcement Administration (DEA) and the Jackson County Sheriff’s Office conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Former Assistant United States Attorney Drew Inman and Assistant United States Attorney Negar M. Kordestani are handling the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Cross Lanes man pled guilty to two federal drug trafficking crimes, announced United States Attorney Mike Stuart. Joseph Lee Harper, 35, pled guilty to possession with the intent to distribute fentanyl and distribution of fentanyl. 

“The lives of many West Virginians have been lost to fentanyl overdose,” said United States Attorney Mike Stuart. “By getting fentanyl dealers and their poisons off the street, many lives are saved and the harm done to our communities is greatly reduced.”

Harper 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. 

Harper faces up to 20 years in prison when sentenced on October 13, 2020.

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Kristin F. Scott 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. 2:19-cr-00300.

   Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Charleston man, formerly of Detroit, Michigan, was found guilty on all counts - three felony drug offenses - by a jury of his peers today, announced United States Attorney Mike Stuart. Ralph Weathington, Jr., 28, was found guilty of distribution of methamphetamine, distribution of fentanyl, and possession with the intent to distribute cocaine, fentanyl, and more than 50 grams of methamphetamine.

“Guilty on each and every count. Another former Detroit drug dealer is headed to prison. Weathington was dealing a smorgasbord of dangerous and deadly drugs - drugs that have wreaked havoc, chaos and death on our communities,” said United States Attorney Mike Stuart. “We are pleased that as a result of today’s verdict, the people of the city of Charleston and the people of West Virginia are significantly safer. I applaud the work of the investigators and my entire team for a job well done.”

Evidence presented to the jury established that on January 22, 2018, the defendant met with a confidential informant working with the Kanawha County Sheriff’s Office and the Drug Enforcement Administration (DEA) in Charleston and sold the informant approximately two ounces of methamphetamine. Later, on January 30, 2018, the defendant again met with a confidential informant on the West Side of Charleston and sold the informant approximately 3.5 grams of fentanyl. Finally, on May 22, 2019, the defendant was present at an apartment in Charleston when officers with the United States Marshals Service and the Kanawha County Sheriff’s Office discovered him holding a gray article of clothing that appeared to be wrapped around another object. The defendant was standing next to an open window as he held this object, and he threw it out the window when ordered by an officer to show his hands. An officer with the Charleston Police Department observed several objects falling from the window to the ground, and moved to secure the evidence which was found to be approximately 111 grams of methamphetamine, 18 grams of fentanyl, 27 grams of cocaine, United States currency, a silver weight used to calibrate a digital scale, a small shoebox and a gray sweatshirt. An officer with the Metropolitan Drug Enforcement Network Team (MDENT) arrived on scene and collected the drug-related evidence. Then, with the assistance of other officers, the apartment was searched and 18 additional grams of fentanyl were located along with a semi-automatic pistol, two digital scales and additional United States currency.   

Weathington faces up to life in prison when sentenced on October 15, 2020.

The Drug Enforcement Agency (DEA), the Kanawha County Sheriff’s Office, the Charleston Police Department, the United States Marshals Service, and the Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the trial. Assistant United States Attorneys Jeremy B. Wolfe and Monica D. Coleman handled the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Cleveland, Ohio man has pled guilty to a drug crime, according to United States Attorney Mike Stuart. Troskey Banks, 23, pled guilty to possession with intent to distribute fentanyl and methamphetamine.

“Drug peddlers are not welcome here, as this defendant and his friend discovered and as hundreds of other defendants have discovered,” said United States Attorney Mike Stuart. “I am committed to keeping our communities safe. A big part of keeping communities safe is done through cooperative efforts with law enforcement to rid our streets of the poison and its peddlers.”

Banks admitted that in January 2020, he directed Clay Dempsey to drive to Cleveland, Ohio, to obtain controlled substances for Banks to distribute. Banks told Dempsey to park the van containing the drugs at a location in South Charleston upon his return so Banks could retrieve the drugs. When law enforcement officers searched the van, they recovered a bag of suspected fentanyl weighing approximately 105.2 grams, which field-tested positive for the presence of fentanyl, and a bag of suspected methamphetamine weighing 118.7 grams, which field-tested positive for the presence of methamphetamine.

Banks faces up to 20 years in prison when he is sentenced on ­­­­November 18, 2020. Dempsey, who pled guilty last month to possession with intent to distribute a quantity of fentanyl, also faces up to 20 years in prison when he is sentenced on October 28, 2020.

The Metropolitan Drug Enforcement Network Team (MDENT) and the South Charleston Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Monica Coleman 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-00035.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Logan woman pled guilty to misappropriating funds from the Pioneer West Virginia Federal Credit Union, announced United States Attorney Mike Stuart. Dianne Richardson, 69, pled guilty to embezzling $222,000.

“Egregious – Richardson stole $222,000 in cash. For well over five years she was working as a bank teller and a thief,” said United States Attorney Mike Stuart. “We prosecute cases like this to the fullest extent of the law and seek full restitution for victims. Great work by the United States Secret Service and the South Charleston Police Department.”

Richardson, an employee of Pioneer West Virginia Federal Credit Union in South Charleston, admitted that starting in September 2013 through February 2019, while working as a teller, she stole money from the credit union. She admitted she made false entries in the Pioneer records to make the cash totals reconcile when in fact, they did not.

Richardson faces up to 30 years in prison when she is sentenced on October 15, 2020. She also is responsible for paying restitution for the monies she embezzled.

The United States Secret Service and the South Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Chris R. Arthur 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-00025.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – Two Project Guardian defendants were sentenced this week in federal court, according to United States Attorney Mike Stuart.

Ronald Hambleton, 29, of Charleston, was sentenced to 68 months in prison for possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. He also will serve three years on supervised release. On July 18, 2019, South Charleston police stopped a speeding car in which Hambleton was a passenger. During the stop, Hambleton was found to be in possession of, with intent to distribute, nearly half an ounce of cocaine, as well as some marijuana and digital scales. Police also recovered a loaded Ruger LCP .380 caliber firearm in the car’s center console. Hambleton claimed ownership of the drugs, drug paraphernalia and loaded firearm on scene. The South Charleston Police Department conducted the investigation. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorney Negar M. Kordestani handled the prosecution.

James Owen Adkins, 40, of Lincoln County, was sentenced to 18 months in prison for being a felon in possession of a firearm. He also was ordered to complete two years of supervised release. A federal jury sitting in Charleston convicted Adkins on February 5, 2020, of illegally possessing a Springfield XD 9mm pistol in St. Albans while being a convicted felon. The jury found that on June 4, 2019, Adkins removed a Springfield XD 9mm pistol from a truck that drove away from St. Albans police officers during an attempted a traffic stop. Adkins took the pistol from the truck, climbed out and ran off through a residential neighborhood as police pursued him on foot with a K-9. Prior to being apprehended by police, Adkins discarded the firearm under a shrub next to a residence where young children resided. Police officers recovered the firearm at the scene. Adkins admitted in an interview with officers that he was a felon, that he ran from police with the firearm, and that he discarded it. The St. Albans Police Department conducted the investigation. Assistant United States Attorneys Kristin F. Scott and Steven I. Loew handled the prosecution and tried the case before the federal jury.

United States District Judge Joseph R. Goodwin imposed the sentences. 

The cases were prosecuted as 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 noted 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. 2:19-CR-00242 (Hambleton) and Case No. 2:19-CR-00226 (Adkins).

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – Tammy Newsome, 54, of Ashland, Kentucky, entered a guilty plea to mail fraud for her role in a scheme to defraud Toyota of more than $4.3 million, announced United States Attorney Mike Stuart. Newsome joins three other individuals who previously entered guilty pleas for their roles in the fraud scheme.

Newsome faces up to 20 years in prison when she is sentenced on October 15, 2020, and will be required to pay restitution of up to $4.3 million to Toyota. 

“Newsome played a critical role in perpetrating this $4 million fraud scheme,” said United States Attorney Mike Stuart. “I commend the great investigative work of the U.S. Postal Inspection Service, the FBI, the W.V. State Police, and the W.V. Insurance Commissioner. Toyota may have suffered the loss but, ultimately, it’s consumers who really pay. These fraud schemes rip off every consumer. That’s why we work so hard to hold those responsible accountable.”

Newsome was employed as an administrative assistant for a Kentucky used car dealership, Big Blue Motor Sales, which bought trucks at wholesale prices at auction, obtained hundreds of copies of Kentucky and West Virginia residents’ driver’s licenses, fraudulently titled the trucks in the name of those residents, and induced Toyota to repurchase the trucks at 150% of value.

The scheme relied on Newsome to make false representations to the Department of Motor Vehicles to obtain false vehicle titles in the names of false owners. The titles obtained by Newsome were then used by other scheme participants to induce Toyota to repurchase the vehicles. Newsome admitted that she made false representations to the DMV, delivered cash bribes to other scheme participants, and forged signatures of false owners so that checks issued by Toyota in the name of a false owner could be deposited into Big Blue Motor Sales’ bank account.

The United States Postal Inspection Service, the Federal Bureau of Investigation, the West Virginia State Police and the West Virginia Office of the Insurance Commissioner conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorneys Andrew J. Tessman and Steven I. Loew 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. 2:19-CR-00250.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding violence against law enforcement.

“Sadly, our law enforcement officers and police have become the target of terrible attacks. Two nights ago in McAllen, Texas, two police officers were fatally shot while responding to a domestic disturbance. Yesterday, in Bothell, Washington, two police officers were shot, one fatally, after a brief traffic pursuit.

The daily assault on law enforcement and the police has to stop. This is not ‘open season’ to attack and condemn the good people of law enforcement. It is absolutely outrageous what is happening across the nation. I cannot imagine the stress and anxiety of being a police officer today. Can you imagine the stress and anxiety not only on the officers but the moms, dads, husbands, wives and children of these public heroes who worry every moment that their loved one may not come home from simply doing their duty and doing their job? This ‘attack our cops’ mentality must end. It must end now. Our law enforcement officers deserve our respect and admiration not our condemnation.

This U.S. Attorney ‘Backs the Blue.’ I make no apologies for it. God Bless and protect each of these Guardians of Justice as they serve nobly each day to protect each of us.”

Follow us on Twitter: SDWVNews and USAttyStuart

###

HUNTINGTON, W.Va. – A Putnam County man was indicted today by a federal grand jury sitting in Huntington for making threats of violence against law enforcement officers on social media, announced United States Attorney Mike Stuart. The one count indictment charges Silas Thornton King, 18, of Hurricane, with interstate communications containing a threat to injure the person of another.

The indictment alleges that on June 28, 2020, King posted threats to injure law enforcement on Snapchat, a social media platform. King was previously arrested on a federal criminal complaint which alleged that he posted a Snapchat video of himself as he verbally threatened serious physical violence against officers of the Milton Police Department. 

“Today’s indictment of King is a testament to my sincere commitment to do everything in my power to protect and defend those in law enforcement - our Guardians of Justice - who serve bravely, selflessly, and courageously in defense of all our citizens. Threats of physical violence against law enforcement officers are abhorrent and something I will never tolerate,” said United States Attorney Mike Stuart. 

"The FBI takes all threats seriously," said FBI Pittsburgh Special Agent in Charge Mike Christman. "We work very closely with our state and local partners when these types of threats come in. We want everyone to know posting anything of a threatening nature on social media will be taken seriously and it will be investigated."

If convicted, King faces up to five years in federal prison.

The investigation was conducted by the Federal Bureau of Investigation (FBI), the West Virginia State Police, the Milton Police Department and the Hurricane Police Department. Assistant United States Attorney Courtney Cremeans is handling the prosecution.

Please note:  An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. The indictment and related court documents and information can be found on PACER by searching for Case No. 3:20-CR-00111.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Wood County man pled guilty today to a charge of embezzling from a union, announced United States Attorney Mike Stuart. Rick Drain, 56, of Vienna, pled guilty to one count of embezzling from a labor union.

“You can’t make up story lines like this - a man named Drain draining the union of its hard earned money solely for personal greed,” said United States Attorney Mike Stuart. “These union members deserved far better. These terrible acts of greed happen far too often.”

Drain faces up to five years in prison when sentenced on October 15, 2020.

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 presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Wirt County woman pled guilty to a bank fraud charge today, announced United States Attorney Mike Stuart. Melissa Evans, 49, of Palestine, pled guilty to one count of bank fraud.

“Aren’t we all taught not to take things that don’t belong to us? Ms. Evans took her employer’s insurance checks like they were here own personal paychecks,” said United States Attorney Mike Stuart.  

Evans worked as the financial coordinator for a dental practice in Parkersburg. Over the course of four years, Evans stole checks mailed to the dental practice from insurance groups and fraudulently deposited the stolen checks into her bank account, instead of the dental practice’s bank account. Throughout her scheme, Evans fraudulently appropriated more than 300 checks and embezzled more than $120,000.

She faces up to 30 years in prison when sentenced on November 18, 2020.

The United States Secret Service and the Parkersburg Police Department conducted the investigation. United States District Judge Irene Berger presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart

###

BECKLEY, W.Va. – Eight defendants were sentenced to federal prison and one defendant pled guilty this week for participating in a drug trafficking organization (DTO) operating between California and Raleigh County, announced United States Attorney Mike Stuart. 

“As a result of Operation Shutdown Corner, 17 federal defendants now stand convicted and West Virginia families and communities are safer today,” said United States Attorney Mike Stuart. “I commend our law enforcement partners at the federal, state and local levels for their tremendous work.”

Jason Pafford, 38, of Beckley, was sentenced to 151 months in prison, to be followed by five years of supervised release, for conspiring to distribute 500 grams or more of methamphetamine and more than 100 grams of heroin. During a previous plea hearing, it was established that he participated in the DTO between June 2018 and September 17, 2019. Also at the previous hearing, it was established that during the course of the operations of the drug trafficking network, Pafford was supplied by other members of the DTO with approximately five pounds of methamphetamine that he redistributed in the Southern District of West Virginia. During this same time period, Pafford also was supplied with more than 100 grams of heroin that was redistributed in Raleigh County. During the course of the conspiracy, law enforcement officers, with the assistance of a confidential informant, were able to conduct at least two controlled drug buys from Pafford. 

Nick Attilli, 38, of Beaver, was sentenced to 97 months in prison, to be followed by four years of supervised release, for conspiring to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Attilli previously admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute methamphetamine and heroin, and that during this time period he was supplied with methamphetamine and heroin from other members of the DTO. Attilli also admitted that he had telephone conversations that were intercepted by law enforcement and that it was clear the conversations involved drug activity. He further admitted that at times he was fronted with drugs, meaning the drugs were provided without making full payment for them, and then he would sell the drugs and with the proceeds pay back his suppliers.

Jonathon Zakresky, 35, of Beckley, was sentenced to 87 months in prison, to be followed by three years of supervised release, for conspiring to distribute 500 grams or more of a substance containing methamphetamine and more than 100 grams of heroin. Zakresky previously admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute methamphetamine and heroin. During this time period, Zakresky admitted to obtaining approximately 11 pounds of methamphetamine and more than 100 grams of heroin for the purpose of redistributing the drugs in and around Raleigh County. He also admitted to supplying other members of the DTO with the drugs and to storing the drugs at or near his residence. Zakresky also admitted to assisting other members of the DTO in collecting money owed for the drugs that were being distributed, and to identifying delivery locations in West Virginia for the drugs from California. As part of his plea agreement, Zakresky agreed to abandon 14 firearms that were located at his residence at the time of his arrest on September 18, 2019. He knew that he was prohibited from possessing the firearms because he was a convicted felon. 

Shaneka Black, 41, a California woman living in Princeton, was sentenced to 70 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine. Black previously admitted that between June 2018 and September 17, 2019, she participated in the drug trafficking network by assisting other members in collecting money owed for the drugs that were being distributed. Black also admitted to assisting another member of the DTO, who she knew was a convicted felon, in obtaining a firearm. Finally, Black admitted that in or around September 2019, she arranged for a package to be delivered to West Virginia from California that contained approximately two pounds of methamphetamine. She indicated that she knew the drugs were intended to be redistributed in the Southern District of West Virginia.

Timmy Lawson, 40, of Beckley, was sentenced to 30 months in prison, to be followed by three years of supervised release. He previously pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Lawson previously admitted that between June 2018 and September 17, 2019, he participated in the DTO by working with other organization members to distribute methamphetamine and heroin within the Southern District of West Virginia. During this time period, Lawson admitted to obtaining more than 50 grams of methamphetamine and a quantity of heroin from various suppliers within the drug trafficking network that he intended to redistribute and did redistribute.

Patricia Greer, 46, of Beckley, was sentenced to 27 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine and a quantity of heroin. Greer obtained methamphetamine and heroin from another member of the DTO and intended to redistribute it in and around Beckley. Between April 2019 and the time of her arrest on September 18, 2019, Greer distributed approximately two to three ounces of methamphetamine, and a small amount of heroin, a month.

Marika Davis, 38, of Bluefield, was sentenced to 21 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine. Davis previously admitted that between February 2019 and August 9, 2019, she participated in the DTO by allowing drugs to be shipped to her home address at the request of other members of the DTO.  Davis admitted that she was paid to have packages delivered to her house. She also admitted that on August 9, 2019, she was transporting a package that had been delivered to her house in Bluefield and was delivering it to another member of the DTO in Beckley. She further admitted that after picking up the other member of the DTO, a police officer pulled her over for a traffic violation. During the traffic stop, officers found the package she was delivering and discovered that it contained approximately two pounds of methamphetamine. Through additional investigation, law enforcement officers were able to determine the package had been sent from California.

Timmy Lawson II, 19, of Beckley, was sentenced to 20 months in prison, followed by three years of supervised release. He previously pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. He admitted that between June 2018 and September 17, 2019, he participated in the DTO by distributing more than 50 grams of methamphetamine and a quantity of heroin. At his plea hearing, Lawson II admitted that each week during a two-month period he obtained between one-quarter ounce to one-half ounce of methamphetamine and a quantity of heroin from other members of the DTO. He admitted that he then redistributed those drugs within the Southern District of West Virginia. He also admitted that at times the drugs were fronted to him, and that he would pay his supplier after the drugs were sold.

Victoria Hamilton, 35, of Beckley, entered a guilty plea for conspiracy to distribute more than 50 grams of methamphetamine and a quantity of heroin. Hamilton admitted that between June 2018 and September 17, 2019, she worked with other members of the DTO to distribute methamphetamine and heroin. During this time period, Hamilton admitted to receiving quantities of methamphetamine and heroin from other members of the DTO. She further admitted that the other members knew it was her plan and purpose to redistribute these drugs in the Southern District of West Virginia. More specifically, she admitted that during this time period, law enforcement agents intercepted telephone conversations and text messages involving drug activity between her and other members of the DTO. These conversations revealed that the defendant was obtaining drugs in quantities from a few grams to approximately one-half ounce at a time. These conversations also revealed it was her plan to redistribute these controlled substances to others in Raleigh County. Hamilton faces a mandatory minimum sentence of five years and up to 40 years in federal prison, and a fine of up to $5 million when she is sentenced on October 23, 2020.

The investigations were handled by 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 Attorneys Timothy D. Boggess and Andrew Tessman handled the prosecutions. United States District Judge Frank W. Volk imposed the sentences and presided over the plea hearing.

Follow us on Twitter: SDWVNews and USAttyStuart

###

BECKLEY, W.Va. – A Rainelle man pled guilty today to a sex offense involving a minor, announced United States Attorney Mike Stuart. Michael Darnell Ramsey, 47, pled guilty to attempted sex trafficking of a minor.

“These are heinous crimes,” said United States Attorney Mike Stuart. “We are working closely with our law enforcement partners to hold offenders accountable and bring justice to victims. If you are preying on West Virginia’s most vulnerable – we’re coming for you.”

Ramsey 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. 

Ramsey faces at least 10 years and up to life in prison when sentenced on October 23, 2020. He also will be required to register as a sex offender following his release from prison.

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 presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.

The 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.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Whitesville man was sentenced to federal prison for his second child pornography offense and possessing a firearm despite being a convicted felon, announced United States Attorney Mike Stuart. Daniel Runion was sentenced to 12 and a half years in prison for possession of child pornography and being a felon in possession of a firearm. The court also ordered Runion to pay $10,000 to an identified child victim in the child pornography case. Runion also was placed on 20 years of supervised release because he committed these new offenses while on supervised release stemming from a 2012 conviction of receipt of child pornography.

“Some people are just lifetime criminals. This case is sickening. Even after serving time, and while on supervised release, Mr. Runion continued in his terrible ways,” said United States Attorney Mike Stuart. “Cases like this are painful, but my office prosecutes those who exploit children.”

Runion previously admitted that he possessed child pornography on his smartphone while in Marmet. The image showed a minor female performing oral sex on an adult male. In connection with that activity, Runion also admitted that he sent a video of child pornography over Facebook to another user of the social media website.  

Runion also previously admitted that despite being a convicted felon, he possessed a Smith and Wesson .38 caliber Special Airweight Revolver, which he kept in his Whitesville residence. Runion committed both new offenses within a year of being released from prison after serving a 97-month sentence and was serving a 15-year term of supervised release.

The West Virginia State Police and Homeland Security Investigations (HSI) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. 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.

Follow us on Twitter: SDWVNews and USAttyStuart
 

###

CHARLESTON, W.Va. – Two Charleston men appeared in federal court this week on gun charges, according to United States Attorney Mike Stuart.

Kali Eusi Young, 42, was sentenced to eight years in prison, followed by three years of supervised release, for being a felon in possession of a firearm. Young previously admitted that that on December 16, 2019, he was riding as the backseat passenger in a vehicle that was stopped by law enforcement officers in South Charleston. Officers discovered during the course of the traffic stop that Young was in possession of a loaded 9mm semi-automatic pistol along with a stash of controlled substances. Young admitted that he was in possession of the firearm and that he knew he was prohibited from possessing firearms due to a previous felon in possession of a firearm conviction in the Southern District of Ohio. The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Negar M. Kordestani handled the prosecution.

Jymere Alan Pratt, 22, pled guilty to being a felon in possession of a firearm. Pratt admitted that he possessed a Smith and Wesson M&P Shield 9mm pistol in the early morning hours of May 24, 2019, near the intersection of Tennessee Avenue and Randolph Street on Charleston’s West Side. Law enforcement responded to the location after learning that a vehicle was parked across the sidewalk and into the bushes of a nearby business with all of the occupants unconscious. Once officers arrived, they were able to observe Pratt, the driver, wearing a bag with a shoulder strap which he placed in the back seat prior to exiting the vehicle. Officers later searched the vehicle, finding a pistol and several rounds of ammunition inside the bag. Pratt was prohibited by law from possessing firearms due to a previous conviction for robbery in the second degree in Monongalia County Circuit Court on August 14, 2017. Pratt was still on probation from that conviction when this incident occurred. Pratt faces up to 10 years in prison when sentenced on November 10, 2020. The Charleston Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). United States District Judge Irene 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 (ATF) 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 noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Detroit man pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Darnell Smith, 26, pled guilty to possession with intent to distribute heroin.

“Another Detroit drug dealer at the center of violence in Charleston,” said United States Attorney Mike Stuart. “My office’s unprecedented efforts are making our streets and families safer. I hold out-of-state dealers like Smith accountable every single day.”

Smith admitted that on September 12, 2016, law enforcement officers found him in possession of 20 individually packaged bags of heroin when he entered a hospital after being shot in the head. Smith admitted that he intended to sell the drugs for money. He faces up to 20 years in prison when he is sentenced on October 3, 2020.

The case was investigated by the Charleston Police Department. Assistant United States Attorney Chris Arthur is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing. 

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Detroit man pled guilty to a federal drug charge today, announced United States Attorney Mike Stuart. Carlton Carter, 27, pled guilty to possession with intent to distribute heroin and oxycodone.

“We are stopping the flow of drugs coming from out-of-state poison peddlers into our communities,” said United States Attorney Mike Stuart. “The Detroit drug dealers who come into my district are prosecuted vigorously and aggressively to the fullest extent of the law.”

Carter admitted that on July 10, 2019, law enforcement officers from 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.

Carter faces up to 20 years in prison when he is sentenced on October 13, 2020.

MDENT conducted the investigation. United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution. 

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Charleston man pled guilty today to federal charges related to the trafficking of methamphetamine and the possession of a firearm, announced United States Attorney Mike Stuart. Rahmell Rashaad Thomas, 31, pled guilty to distribution of methamphetamine, possession with intent to distribute methamphetamine, and being a felon in possession of a firearm.

“Convicted felon. Gun. Trafficking a significant amount of meth in the Charleston area,” said United States Attorney Mike Stuart. “With each and every case like this we prosecute, we make our communities safer. And, trust me, our communities are far, far safer than the day I took the oath of office.”

Thomas admitted that he sold approximately four ounces of methamphetamine to a confidential informant from his residence in Charleston on March 5, 2020. Shortly after that transaction, law enforcement officers obtained a search warrant for the same residence and conducted a search. Approximately 341 additional grams of methamphetamine were located inside along with a Lorcin .380 semi-automatic pistol and United States currency. Thomas later admitted to possessing those items and to selling methamphetamine in the Charleston area for at least three months prior to his arrest. Thomas further admitted that he would obtain methamphetamine in one pound increments from a source in Morgantown which he would then bring back to Charleston to sell. At the time of this incident, Thomas was a convicted felon due to a conviction for attempted assault in the second degree in New York. 

Thomas faces up to 50 years in prison when sentenced on November 10, 2020.

The Charleston Police Department, along with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the United States Marshals Service, conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart
 

###

CHARLESTON, W.Va. – Frank Russo, 69, of North Carolina, entered a guilty plea to wire fraud for his role in a scheme to defraud Toyota of more than $4 million, announced United States Attorney Mike Stuart. Previously, Kevin Fluharty, 59, of West Virginia, entered a guilty plea in the same case to mail fraud concerning the same scheme to defraud. Russo and Fluharty face up to 20 years in prison and will be required to pay restitution to Toyota. Russo’s sentencing is scheduled for October 1, 2020. Fluharty’s sentencing will be held on August 24, 2020.

“What a tangled web of deception these two men wove – from fraudulently using driver’s licenses to falsifying vehicle ownership information – and seeking more than $4 million for their deception,” said United States Attorney Mike Stuart. “Crime may pay until you get caught.”

Russo was employed as service manager by a Toyota dealership in Kanawha County and Fluharty was a notary public. Russo and Fluharty admitted they were participants in a fraudulent scheme whereby a Kentucky used car dealership, Big Blue Motor Sales, bought trucks at wholesale prices at auction, obtained hundreds of copies of Kentucky and West Virginia residents’ driver’s licenses, fraudulently titled the trucks in the name of those residents, and induced the car company to repurchase the trucks at 150% of value.

The scheme relied on Russo to ensure that vehicles brought to the Toyota dealership qualified for the extended warranty extension program and relied on Fluharty to notarize documentation used in the repurchase transactions. Russo admitted that he sent false ownership information to Toyota by electronic wire in furtherance of the scheme. Fluharty admitted that he falsely notarized documents knowing that those documents would be sent through the mail to Toyota. Russo and Fluharty admitted that they received bribes or kickbacks from Big Blue Motor Sales for their participation in the scheme.

The United States Postal Inspection Service, the Federal Bureau of Investigation, the West Virginia State Police and the West Virginia Office of the Insurance Commissioner conducted the investigation. United States District Judge Joseph R. Goodwin presided over both hearings. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorneys Andrew J. Tessman and Steven I. Loew are handling the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart

###

CHARLESTON, W.Va. – A Kanawha County man pled guilty today to defrauding the Federal Emergency Management Agency (FEMA) of 2016 disaster relief funds, announced United States Attorney Mike Stuart. Randall Butler, 46, of Charleston, pled guilty to one count of fraud in connection with major disaster or emergency benefits.  

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. 

“Butler took advantage of a program designed to help people, not to fill up his personal piggy bank,” said United States Attorney Mike Stuart. “The critical funding provided by FEMA was essential to rebuilding lives and communities throughout West Virginia. FEMA provides funds critical to recovery from natural disasters. This was greed and disaster not from any natural cause.”

“DHS OIG remains committed to investigating fraud that affects FEMA’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.”

Butler faces up to 30 years in prison when he is sentenced on October 6, 2020. 

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. presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.

Follow us on Twitter: SDWVNews and USAttyStuart

###

BLUEFIELD, W.Va. – A Princeton man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating between New York and Mercer County, announced United States Attorney Mike Stuart. David Simmons, 51, of Princeton, was sentenced to 24 months in prison, to be followed by three years of supervised release, for conspiring to distribute quantities of oxymorphone and oxycodone. Simmons, along with four other individuals, was charged as a result of a long-term, multi-state investigation known as Operation X-Nation.

“Thanks to the collaborative efforts of many law enforcement agencies, a multi-state pill distribution network has been shut down,” said United States Attorney Mike Stuart. “Southern West Virginia communities have been ravaged by prescription drug abuse and addiction. You can rest assured that we will not rest until all those responsible are held accountable.”

Simmons previously admitted that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time period, Simmons worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County. In or about the month of August 2019, Simmons had telephone calls intercepted by law enforcement. During these calls, Simmons was discussing the distribution of oxymorphone and oxycodone with other members of the DTO. Simmons admitted that he was responsible for conspiring to distribute approximately 210 oxymorphone pills and approximately 257 oxycodone pills. Simmons also admitted it was the plan of the DTO to redistribute the pills in and around Mercer County.  

Stuart commended the cooperative investigative efforts of 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. Each agency provided additional and essential support throughout this investigation. 

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

Follow us on Twitter: SDWVNews and USAttyStuart

###