Southern District of West Virginia

BLUEFIELD, W.Va. -- United States Attorney Mike Stuart announced today that a federal inmate pled guilty in federal court in Bluefield to possessing a weapon. Desmond Johnson, 29, an inmate at the Federal Correctional Institution McDowell, admitted that on July 21, 2019, he possessed a handcrafted weapon known as a shank. A staff member at the prison saw Johnson drop the shank, and another staff member recovered it.

Johnson faces up to five years in prison, to be served consecutively to the sentence he is now serving. Sentencing is set for Sept. 14, 2020.

“You would think that already being in a federal prison might help a person to change their ways. This doesn’t appear to have been the case with Mr. Johnson,” United States Attorney Mike Stuart said.

The case was investigated by the Federal Bureau of Prisons. Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided over the plea hearing. 

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CHARLESTON, W.Va. – Attorney General William P. Barr has directed federal law enforcement actions aimed at apprehending and charging the violent criminal agitators who have taken over peaceful protests and are engaging in violations of federal law.  The U.S. Attorneys from the Northern and Southern Districts of West Virginia, along with the Federal Bureau of Investigation (FBI) are employing the FBI Joint Terrorism Task Force (JTTF) to identify criminal organizers and instigators, coordinating federal resources with state and local partners, and seeking federal prosecutions where applicable.        

“The death of George Floyd understandably caused outrage and protests.  Our democracy was built upon the exercise of free speech.  I am proud of our West Virginia citizens who chose to congregate in peaceful demonstrations.  Please allow those peaceful protests and constructive dialogue be an example to the rest of the nation.  Some have chosen to act with violence and endanger their fellow citizens and law enforcement.  Such criminal conduct does nothing to further the issues surrounding the death of George Floyd and will not be tolerated by law enforcement or the citizens of our state.  We will continue to monitor the situation, but are prepared to act immediately to enforce the rule of law,” said U.S. Attorney Bill Powell, Northern District of West Virginia.     

“Let me be clear- this is a nation grounded in the right to protest. This nation is also grounded in the rule of law,” said United States Attorney Mike Stuart.  “The right to protest is not a right to loot, riot, commit property destruction or to engage in or incite violence. It is wholly unacceptable and it defies those who protest peacefully.  Peaceful protest can be powerful. Violence, looting and criminal behavior undermines the cause and, if it happens in West Virginia, we will enforce the rule of law.”

"The FBI is dedicated to upholding the Constitution, including protecting all citizens' rights to peacefully protest," said FBI Pittsburgh Special Agent in Charge Mike Christman. "The FBI respects the rights of individuals to peacefully exercise their First Amendment rights, but when people abuse those rights to invoke violence, federal law will be enforced. We have worked closely with our local and state partners throughout the events of the past few days. The FBI's Joint Terrorism Task Force (JTTF) will continue to coordinate with the U.S. Attorney's offices to address any federal violations."

Attorney General Barr’s statement is available here:  https://www.justice.gov/opa/pr/attorney-general-william-p-barrs-statement-riots-and-domestic-terrorism.

For more information on the FBI Joint Terrorist Task Force, go to https://www.fbi.gov/investigate/terrorism/joint-terrorism-task-forces.

HUNTINGTON W.Va. – Two men who participated in a conspiracy which saw large quantities of methamphetamine transported from Akron, Ohio and distributed across the Southern District of West Virginia were sentenced to federal prison today, announced United States Attorney Mike Stuart. Aaron Del Thompson, 36, of Huntington, was sentenced to 46 months and Brad Acy Holley, 40, of Charleston, was sentenced to 10 years and seven months. Both men previously entered guilty pleas to conspiracy to distribute methamphetamine.

“Out of state drug dealers have caused too much pain to the people of West Virginia,” said U.S. Attorney Mike Stuart. “Meth is a devastating drug that is growing as a drug of choice. This joint investigation led by the FBI helped stop the flow of these dangerous drugs into West Virginia. Great work by the FBI, ATF, and many state and local partners on this matter.”  

Thompson admitted that between May and September of 2019 he conspired with multiple individuals to distribute methamphetamine in the Huntington area. Thompson repeatedly obtained quantities of methamphetamine which were transported from Akron to Huntington. Thompson relied on multiple individuals from Akron to deliver the methamphetamine to him and he would in turn distribute the methamphetamine to various customers in Huntington. Thompson admitted that he knew some of his customers intended to redistribute the methamphetamine they were purchasing. Thompson also admitted that he was responsible for distributing up to 500 grams of methamphetamine during the conspiracy.    

Holley admitted that between Fall 2018 and September 2019, he conspired with multiple individuals to distribute methamphetamine in the Huntington and Charleston areas. Holley pooled money with another individual to obtain large quantities of methamphetamine which he and the other individual would then distribute. Holley also began obtaining methamphetamine himself which was transported from Akron and sold in multiple cities in West Virginia. Holley admitted that he was supplied methamphetamine on a regular basis and that he was aware some of the customers to whom he distributed methamphetamine intended to further distribute the drug across the district. As part of his plea, Holley admitted that he was responsible for distributing up to five kilograms of methamphetamine during the conspiracy.    

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

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CHARLESTON, W.Va. – A St. Albans man was sentenced to federal prison for possession with intent to distribute quantities of methamphetamine, cocaine and heroin, announced United States Attorney Mike Stuart. Joshua Wayne Davis, 26, was sentenced to 57 months in federal prison to include a three-year term of supervised release. He entered a guilty plea in January.

“A smorgasbord of illicit drugs. Mark this up as another win for the good guys,” U.S. Attorney Mike Stuart said. “Poison peddlers will be caught and prosecuted to the fullest extent possible. Great work by St. Albans PD.”

Davis previously admitted that on May 6, 2019, he possessed with intent to distribute the Schedule I and Schedule II controlled substances. He also admitted to having, on that date, $12,944 in drug proceeds. Officers from the St. Albans Police Department located the controlled substances and drug proceeds in a vehicle in which he was a passenger in St. Albans. 

St. Albans Police Department conducted the investigation. United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.

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HUNTINGTON, W.Va. – A Detroit man has been sentenced to federal prison for drug and gun crimes according to United States Attorney Mike Stuart. Antonio Maurice Davis, 28, was sentenced to eight and a half years in prison for possession with intent to distribute fentanyl and possession of a firearm in furtherance of drug trafficking. Davis pled guilty to both charges in February.

“A toxic combination - Heroin, fentanyl and guns. He earned his prosecution,” U.S. Attorney Mike Stuart said. “Great work by ATF and the Huntington PD.”

On May 15, 2019, officers with the Huntington Police Department (HPD) were conducting surveillance in the south side area of Huntington when they saw Davis wearing a bright blue jacket and black pants. Davis came out of an apartment building carrying several bags and placed the bags in the backseat area of a minivan, behind the driver, and then got into the front passenger seat of the minivan. The minivan backed out of the driveway and traveled east on 12th Avenue to 12th Street. At 11:57 a.m., officers in an HPD marked patrol car conducted a traffic stop of the vehicle in the 1400 block of Charleston Avenue after learning the driver had a suspended license. Immediately following the stop, officers approached the minivan. The officers smelled an odor of marijuana coming from the minivan. Both the driver and Davis were removed from the vehicle. Davis initially identified himself as Jonathon Maurice Mason. Officers later learned that his real name was Antonio Maurice Davis. An HPD K-9 unit was called to the scene, arriving at 12:13 p.m. During the exterior sniff, the K-9 positively indicated on the vehicle for the presence of drugs.

Officers searched the minivan and found a Hi Point 9mm rifle on the back floorboard behind the driver’s seat. The jacket that Davis was seen wearing was located in between the driver’s seat and the front passenger seat. Inside the jacket officers found a large amount of a white powdery substance in a plastic baggy. They also found a second plastic baggy that contained a white chunky substance. Other suspected narcotics were found in the jacket. Officers also located a gym bag behind the driver’s seat of the vehicle that contained three handguns, digital scales, multiple cellular telephones, ammunition and other evidentiary items of value. The powdery substance was analyzed and found to be approximately 38 grams of a mixture of heroin and fentanyl.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney R. Gregory McVey handled the prosecution.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart said two Cuban nationals have been sentenced for credit card fraud. Yaidelys Acosta, 23, and Ranniel Acosta, 25, were sentenced to one year in prison and three years supervised release. They also are ordered to jointly pay restitution in the amount of $2,287 for credit card fraud. 

“Credit card fraud is epidemic,” U.S. Attorney Mike Stuart said. “Credit card fraud isn’t a victimless crime.  It drives up banking and insurance costs and taxpayers are left with the bill. The South Charleston Police Department and the U.S. Secret Service are to be commended for their work in apprehending these thieves.”

The defendants previously admitted to being in possession of fraudulent credit cards, device making equipment to create the cards, and using those cards to steal from people’s checking or credit card accounts. They were caught while attempting to use the fraudulent cards at a store in South Charleston. At the time of their arrest they had in their possession more than 15 other fraudulent cards and device making equipment to create other fraudulent cards.

The South Charleston Police Department and the United States Secret Service conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Chris Arthur handled the prosecution.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced a Jackson County man was sentenced to 14 months in federal prison for stealing firearms from a licensed firearms dealer.  James Evans, 19, of Ravenswood, also will serve three years on supervised release and pay $6,341.44 in restitution.

“Twenty-four stolen firearms. Stealing firearms is a serious offense,” said United States Attorney Mike Stuart.  “I strongly support the Second Amendment to the Constitution, but those who break our gun laws must be held accountable and pay the price.”

Evans pled guilty in December 2019 to breaking into the Old and New Sports Store in Ravenswood on April 7, 2019 with three other individuals and stealing approximately 24 firearms.  Rebecca Ann Sellers, 19, and Destiny Moore, 19, have pled guilty and are scheduled to be sentenced on July 8, 2020.  A juvenile was prosecuted in Jackson County Circuit Court.

The Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Joshua Hanks handled the prosecution.

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

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a Charleston man was sentenced to federal prison for escape.  Lacy Moore, 40, was sentenced to 12 months in federal prison and three years of supervised release for walking away from Dismas Charities Halfway House in St. Albans in January 2019. Moore was serving a revocation sentence at the halfway house in connection with his original 2003 conviction in the Southern District of West Virginia for possession of a firearm during and in relation to a drug trafficking crime.

“If you do the crime, you do the time. That’s the deal. In this case, Mr. Moore will get to be a guest of the federal prison system even longer because he violated the terms of his punishment,” said United States Attorney Mike Stuart. “You cannot escape without penalty.”

Moore previously admitted that he left the halfway house in early 2019 and remained in escape status, with his whereabouts unknown, for most of 2019. United States Marshals apprehended Moore in December 2019.

The United States Marshals Service conducted the investigation.   Assistant United States Attorney Kristin F. Scott handled the prosecution.  United States District Judge Irene C. Berger imposed the sentence. 

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A federal grand jury in Charleston, West Virginia, today returned a seven-count indictment charging Dr. Jonathan Yates, 51, with federal civil rights and abusive sexual contact offenses. Yates, a doctor of osteopathic medicine who formerly worked at the Veterans Affairs Medical Center in Beckley, West Virginia, is charged with five counts of depriving veterans of their civil rights under color of law, in violation of Title 18, United States Code, Section 242, and two counts of abusive sexual contact, in violation of Title 18, United States Code, Section 2244(b). He was previously charged in a criminal complaint with depriving a veteran of his civil rights under color of law.

The indictment alleges that between September 2018 and February 2019, while working at the Veterans Affairs Medical Center, Dr. Yates examined six male patients, identified in the indictment as Veterans One through Six, and sexually molested them during their appointments. The indictment alleges that Yates temporarily immobilized two of the veterans – one by cracking his neck, and the other with the use of acupuncture needles – and sexually molested them while they were incapacitated. The indictment also alleges that his abuses caused five of the veterans to suffer bodily injury. This conduct, performed while Dr. Yates was acting under color of law in his capacity as a federal employee at the VAMC, deprived Veterans One through Five of their constitutional right to bodily integrity. The indictment also alleges that Yates knowingly engaged in sexual contact with Veterans Two and Six without their consent.

This investigation remains ongoing. Anyone with additional information is encouraged to contact the FBI at 1-800-CALL-FBI (225-5342).

An indictment is merely a formal accusation of criminal conduct. The defendant is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.

If convicted, Yates faces a statutory maximum sentence of life in prison.

Assistant Attorney General Eric Dreiband and U.S. Attorney Michael B. Stuart for the Southern District of West Virginia commended the investigative efforts of the FBI, the Department of Veterans Affairs Office of Inspector General, and the Veterans Affairs Police Department in this matter.

The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia.

Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/.

Stuart urges West Virginians to join him in “backing the blue” this week and throughout the year

National Police Week Observed May 10-16, 2020

CHARLESTON, W.Va.— In honor of National Police Week, U.S. Attorney Mike Stuart launched a public service announcement (PSA) that pays tribute to the service and sacrifice of federal, state, local and tribal law enforcement.  The National Police Week PSA message, which is attached, is airing this week.  

“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”

“The honorable men and women in law enforcement put their lives on the line every day for us. While we take this week to formally recognize their service, we must always remember and appreciate their sacrifices,” said U.S. Attorney Mike Stuart. “On behalf of all West Virginians, I say thank you. Thank you for putting the safety of our communities ahead of your own.”

In 1962, President John F. Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.

Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019.

Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.

The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 pm (EDT).  The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.

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CHARLESTON, W.Va. –  Adkins Pharmacy, Inc. (“API”), a pharmacy located in Mingo County, has agreed to pay civil monetary penalties to resolve allegations that the pharmacy violated the Controlled Substances Act by filling illegitimate prescriptions, United States Attorney Mike Stuart announced today.  API has also entered into a three-year compliance agreement with the Drug Enforcement Administration (DEA) that imposes heightened reporting and oversight requirements and sanctions for non-compliance. 

Pursuant to the terms of the settlement agreement, API agreed to pay $88,085.73 to resolve allegations that it had filled prescriptions for controlled substances that were not valid at its location in Gilbert between January 1, 2014, and December 31, 2015.  During this time, API filled compound opioid prescriptions issued by physicians affiliated with Hitech Opioid Pharmachovigilance Expertise Clinic, PLLC (HOPE Clinic), even though API “knew or should have known that said prescriptions were not issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his/her professional practice,” according to the settlement agreement.

The Controlled Substances Act prohibits the distribution or dispensing of a controlled substance without a valid prescription.  A valid prescription for a controlled substance must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her practice. The investigation indicated that the pharmacist-in-charge at the pharmacy should have known that patients had presented illegitimate prescriptions that should not have been filled. 

“The diversion of prescription opioids fueled an epidemic and devastated a countless number of West Virginia families,” said United States Attorney Mike Stuart.  “When pharmacies ignore red flags indicative of illegitimate opioid prescriptions for the sake of profits, we will use every available criminal and civil enforcement tool to hold them accountable.” 

“Pharmacists serve on the front lines of America’s opioid epidemic and they share responsibility with physicians to protect those whom they serve from the dangers associated with prescription medications,” said Special Agent in Charge Todd Scott, of DEA’s Louisville Division.  “DEA will use every available tool to hold accountable those in the pharmacy industry who choose to put profit over customer safety,” Scott added.

The DEA, the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG) and the Food and Drug Administration – Office of Criminal Investigation conducted the investigation. The case was handled by Assistant United States Attorney Alan McGonigal.

The settlement is a result of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an innovative approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and healthcare fraud. 

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BECKLEY, W.Va. – A HOPE Clinic manager was sentenced to 20 months in federal prison for a gun crime, announced United States Attorney Mike Stuart. Joshua Radcliffe, 36, of Shady Springs, previously pled guilty to conspiring with Mark T. Radcliffe to using and carrying firearms in relation to maintaining drug-involved premises.   

“Even though Joshua Radcliffe was not a prescribing physician, today he was held accountable for his role in fueling the opioid epidemic in West Virginia,” said United States Attorney Mike Stuart. “The opiate crisis ravaged our good state and affected every single citizen in one way or another. We are holding everyone accountable for the roles they played.”  

From 2010 through 2015, Radcliffe was employed with Patients, Physicians and Pharmacists Fighting Diversion (PPPFD), Inc., the company that managed the daily operations of the HOPE Clinic. Radcliffe admitted that HOPE Clinic was predominately a cash-based business and that the physicians at HOPE Clinic issued prescriptions for oxycodone to its customers not for legitimate medical purposes and outside the bounds of professional medical practice. Radcliffe worked at the Beckley and Beaver locations of the HOPE Clinic as the Clinic Manager. As the Clinic Manager, Radcliffe admitted to running the daily operations of the clinics and that PPPFD management made medical decisions that should have been made by the physicians and not by PPPFD employees.  Because the customers coming to both the Beckley and Beaver HOPE Clinic locations were seeking Schedule II controlled substances to feed their addiction or to distribute illegally, Radcliffe admitted that he carried a firearm to work. He and others in management at PPPFD encouraged other PPPFD employees, especially the narcotic auditors and clinic managers, to carry firearms to work for protection because of the customers and the amount of cash coming into the clinics each day.  

The investigation was conducted by the U.S. Department of Health and Human Services - Office of Inspector General (HHS-OIG), the Internal Revenue Service – Criminal Investigations, the Food and Drug Administration – Office of Criminal Investigations, the Federal Bureau of Investigation, the West Virginia State Police, the Kentucky State Police, the Beckley Police Department, the Virginia State Police, the Charleston Police Department, and the Drug Enforcement Administration.  

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Monica D. Coleman and Steven Loew are handling the prosecution.

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CHARLESTON, W.Va. – The United States Attorney’s Offices of the Northern and Southern Districts of West Virginia, the Federal Bureau of Investigation, and the U.S. Small Business Administration are asking small business owners to be aware of possible scams relating to the CARES Act.

U.S. Attorney Bill Powell in the Northern District of West Virginia, U.S Attorney Mike Stuart in the Southern District of West Virginia , Eugene Kowel, Acting Special Agent in Charge of the FBI Pittsburgh  Office, SBA OIG Eastern Region Special Agent-in-Charge Kevin Kupperbusch and Karen Friel, SBA West Virginia District Director, have joined resources in an effort to prevent small businesses already struggling from the restrictions in place because of the COVID-19 pandemic from being victimized a second time by criminals using the program as an opportunity to commit fraud.

“Those who prey on others look for opportunities like the various loans provided to small businesses.  United States Attorneys and our respective law enforcement partners, like the FBI, are on the lookout for those predators.  We strongly encourage those who become aware of such scams to report it to the authorities so we can take action” said U.S. Attorney Bill Powell, Northern District of West Virginia.

“West Virginia businesses are struggling to survive a once-in-a-lifetime pandemic. The last thing we need are criminals scamming the essential aid meant to help businesses survive,” said U.S. Attorney Mike Stuart, Southern District of West Virginia. “Fraudsters and scammers never miss an opportunity to fraud and scam even in desperate times. Small businesses are the backbone of our state’s economy. We have their back.  We will do all we can to protect them.”

"Fraudsters will take advantage of any opportunity to steal money," said FBI Pittsburgh Acting Special Agent in Charge Eugene Kowel. "We recognize that criminals could try to prey on small businesses during this time of fear and anxiety. The FBI works closely with the private sector so companies can make informed decisions in response to malware attacks. Companies can prevent and mitigate malware infection by utilizing appropriate back-up and malware detection systems. They can also train employees to be skeptical of emails, attachments and websites they don’t recognize. If you discover your business is the victim of a fraudulent incident, file a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov."

“Fraudsters prey upon those in vulnerable positions, and this is a critical time for our nation’s small businesses,” said SBA OIG’s Eastern Region Special Agent-in-Charge Kevin Kupperbusch.  “SBA OIG and its law enforcement partners are actively working together to root out fraud in SBA’s programs and bring those responsible to justice.  The public is encouraged to learn about potential fraud schemes and scams as a safeguard to being victimized.”

When the CARES Act was signed into law, the doors were opened for small businesses to access $349 billion in federal aid at a most crucial time for entrepreneurs that are balancing the health and safety of their families and themselves while operating their small business.  And while small businesses take note of the U.S. Small Business Administration’s Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP), so do those with bad intentions.

“Unfortunately, small businesses are being targeted at a time they are most vulnerable,” noted SBA West Virginia District Director Karen Friel. “Look out for phishing attacks and scams utilizing the SBA logo.  These may be attempts to obtain your personally identifiable information (PII), to acquire personal banking access, or to install ransomware or malware on your computer.”

Entrepreneurs should remember that if anyone asks you for money, they are not legitimate, nor are emails that end in anything but “.gov”. 

The SBA does not reach out to initiate a loan, nor does the SBA ask for information previously provided in the application process.

If you have any doubt, reach out to your nearest SBA office to ask. As you are working harder than ever to preserve your business and its employees amid the Coronavirus pandemic, do not allow bad actors to hinder your efforts. 

SBA’s Office of Inspector General has published a list of possible scams and fraud schemes to raise public awareness:  https://www.sba.gov/document/report--sba-programs-scams-fraud-alerts.

Report fraud, waste, abuse, mismanagement, or misconduct involving SBA programs to the SBA OIG hotline at (800) 767-0385, or online at: https://sbax.sba.gov/oigcss/.

To report any suspicious activity regarding the COVID-19 virus, residents are asked to call the National Center for Disaster Fraud Hotline at 1-866-720-5721or go to Justice.gov/DisasterComplaintForm.

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CHARLESTON, W.Va. – U.S. Attorney Mike Stuart joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week.  This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

“Now more than ever, as people throughout our state and nation isolate at home with their families due to the coronavirus pandemic, we must support the many victims of domestic violence and child abuse who are not safe at home,” said U.S. Attorney Mike Stuart.  “West Virginia’s victim service providers and child advocates remain vigilant and are providing much needed services during this crisis.  As we recognize and honor victims this week, you can rest assured that this week and every week my office is working with a sense of urgency to “seek justice, ensure victims’ rights, and inspire hope” for victims.” 

“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs.  “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda.  He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.  President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey.  The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory.  Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.  This year, many communities are organizing virtual gatherings and online public awareness campaigns.

This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart.  “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival.  I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  

For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.

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$4.4 Million Available to West Virginia

CHARLESTON, W.Va. – The Department of Justice announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding (CESF) program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“Public safety agencies are facing unprecedented challenges as a result of the COVID-19 pandemic,” said United States Attorney Mike Stuart.  “No amount of telework can protect the public and ensure safety from those that create chaos and crisis even at a time of chaos and crisis. Just like they do every day of the week and through every crisis, law enforcement selflessly continues their work on the front lines to protect the citizens of West Virginia.  The funding provided through the CESF program will ensure our dedicated first responders have the critical resources needed to carry out their mission.”

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.

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

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A doctor of osteopathic medicine who formerly worked at the Veterans Affairs Medical Center in Beckley, West Virginia, has been charged in a criminal complaint with depriving a veteran of his civil rights under color of law. Dr. Jonathan Yates, 51, was arrested without incident at his home today by Special Agents of the FBI and the Department of Veterans Affairs Office of Inspector General, with the assistance of the Bluefield, Virginia Police Department. Dr. Yates is scheduled for an initial appearance today at time before U.S. Magistrate Judge Omar Aboulhosn.

Assistant Attorney General Eric Dreiband, U.S. Attorney Michael B. Stuart for the Southern District of West Virginia, FBI Acting Special Agent in Charge Eugene Kowel, and Department of Veterans Affairs Inspector General Michael J. Missal announced the charge.

According to the criminal complaint, while working at the Veterans Affairs Medical Center in February 2019, Yates examined a male patient identified as Veteran 1, and during the examination Yates sexually molested Veteran 1.  Yates caused Veteran 1 severe pain and numbness, and temporarily incapacitated him by cracking his neck, after Veteran 1 had explicitly requested Yates not to crack his neck. While Veteran 1 was incapacitated, Yates sexually molested Veteran 1 again.  This conduct, performed while Dr. Yates was acting under color of law in his capacity as a federal employee at the VAMC, deprived Veteran 1 of his constitutional right to bodily integrity.

This investigation remains ongoing. Anyone with additional information is encouraged to contact the FBI at 1-800-CALL-FBI (225-5342).

The charge contained in the complaint are only allegations.  A person is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.

Deprivation of rights under color of law as charged in the complaint is punishable by up to life in prison.

The case is being investigated by the FBI and the Department of Veteran’s Affairs Office of Inspector General, with assistance from the Veterans Affairs Police Department. The U.S. Attorney’s Office sought immediate detention in this matter. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia.

CHARLESTON, W.Va. — A doctor of osteopathic medicine who formerly worked at the Veterans Affairs Medical Center in Beckley, West Virginia, has been charged in a criminal complaint with depriving a veteran of his civil rights under color of law. Dr. Jonathan Yates, 51, was arrested without incident at his home today by Special Agents of the FBI and the Department of Veterans Affairs Office of Inspector General, with the assistance of the Bluefield, Virginia Police Department. Dr. Yates is scheduled for an initial appearance today at 1:00 pm before U.S. Magistrate Judge Omar Aboulhosn.

Assistant Attorney General Eric Dreiband, U.S. Attorney Michael B. Stuart for the Southern District of West Virginia, FBI Acting Special Agent in Charge Eugene Kowel, and Department of Veterans Affairs Inspector General Michael J. Missal announced the charge.

According to the criminal complaint, while working at the Veterans Affairs Medical Center in February 2019, Yates examined a male patient identified as Veteran 1, and during the examination Yates sexually molested Veteran 1.  Yates caused Veteran 1 severe pain and numbness, and temporarily incapacitated him by cracking his neck, after Veteran 1 had explicitly requested Yates not to crack his neck. While Veteran 1 was incapacitated, Yates sexually molested Veteran 1 again.  This conduct, performed while Dr. Yates was acting under color of law in his capacity as a federal employee at the VAMC, deprived Veteran 1 of his constitutional right to bodily integrity.

This investigation remains ongoing. Anyone with additional information is encouraged to contact the FBI at 1-800-CALL-FBI (225-5342).

The charge contained in the complaint are only allegations.  A person is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.

Deprivation of rights under color of law as charged in the complaint is punishable by up to life in prison.

The case is being investigated by the FBI and the Department of Veteran’s Affairs Office of Inspector General, with assistance from the Veterans Affairs Police Department. The U.S. Attorney’s Office sought immediate detention in this matter. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia.

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.

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Stuart, Powell and Morrisey Partner to Protect West Virginians

CHARLESTON, W.Va. – United States Attorney Mike Stuart for the Southern District of West Virginia, United States Attorney Bill Powell for the Northern District of West Virginia and West Virginia Attorney General Patrick Morrisey today announced the formation of the West Virginia Coronavirus Fraud Task Force to identify, investigate and prosecute fraud related to the ongoing coronavirus pandemic. 

The West Virginia Coronavirus Fraud Task Force is a joint federal and state partnership that will be led by Assistant United States Attorneys from both the Southern and Northern Districts of West Virginia, and a Deputy West Virginia Attorney General, in partnership with experienced fraud investigators from the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), the Internal Revenue Service-Criminal Investigation (IRS-CI), the West Virginia State Police and the West Virginia Attorney General’s Consumer Protection Division.

“West Virginians always band together in times of need and times of crisis,” said United States Attorney Mike Stuart.  “My fellow U.S. Attorney Bill Powell, West Virginia Attorney General Patrick Morrisey and our federal and state law enforcement partners have joined me in forming this statewide task force to protect West Virginians from fraudsters attempting to exploit a national crisis for personal gain.  There’s nothing more despicable. We will use every tool available to us at the federal and state levels to ensure the safety of our citizens and the safety of their wallets during this crisis.”

“Though we are not a big state, when our citizens are preyed upon, Mountaineer pride and determination assure that we will stand together like no other.   I stand with my colleagues U.S. Attorney Mike Stuart, West Virginia Attorney General Patrick Morrisey, and our law  enforcement partners in promising aggressive pursuit of those taking advantage of our citizens during the current public health crisis.  We will devote all necessary resources,” said Powell.

“Since the Governor’s declaration, our Consumer Protection Division and its investigators have fielded hundreds of reports from those faced with price gouging, landlord-tenant issues and vacation/event cancellations,” West Virginia Attorney General Patrick Morrisey said. “The Consumer Protection Division has already sent multiple warning letters to businesses on enforcement matters. These are unparalleled times in which we live, and that’s why I am honored to join forces with U.S. Attorneys Bill Powell and Mike Stuart, as together, by combining the investigative and civil enforcement powers of the state Attorney General’s Office with the criminal prosecutorial authority of the federal government, our state is very well positioned to protect its citizens in this time of peril.”

"The FBI is committed to keeping West Virginians safe from scams associated with the COVID-19 pandemic," said FBI Pittsburgh Acting Special Agent in Charge Eugene Kowel. "Scammers often prey on anxiety and fear. Right now, those cyber criminals perceive a large percentage of the population to be vulnerable. Rest assured, the FBI is fully committed to addressing criminal activity during this unprecedented time. We will work closely with our federal, state and local partners to ensure fraudsters don’t take advantage of people’s fears for their own selfish gains.”

“HSI stands alongside our law enforcement partners in our commitment to investigating the shameful crimes perpetrated by individuals taking advantage of the public in this time of uncertainty and fear,” said Raymond Villanueva, HSI Special Agent in Charge for Washington, D.C., Virginia, and West Virginia. 

“Unfortunately, scammers see times of crisis as an opportunity to prey on those most vulnerable in our communities; IRS-CI will work with our law enforcement partners to hold these scammers accountable,” said IRS-CI Special Agent in Charge Kelly Jackson.  “I want the citizens of West Virginia to know IRS will NOT call you, email you, ask you to verify your personal information or to sign up for anything in order to receive your COVID-19 economic impact payment.  Please stay vigilant, you worked hard for your money, don’t let scammers take it from you by falling victim to their frauds.”

The task force will review and investigate all credible leads of fraud associated with the coronavirus pandemic, regardless of the loss amount, focusing on schemes to exploit vulnerable populations, including the elderly, and concerned citizens. Federal prosecutors from the Southern and Northern Districts of West Virginia, and attorneys from the West Virginia Attorney General’s Office will meet and confer with their agency counterparts from the FBI, HSI, IRS-CI, West Virginia State Police and the state’s Consumer Protection Division on a regular basis to prioritize cases and surge resources where needed.  Assistant United States Attorney Erik Goes in the Southern District of West Virginia and Assistant United States Attorney Andrew Cogar in the Northern District of West Virginia and West Virginia Deputy Attorney General / Consumer Protection and Antitrust Division Director Ann Haight will be spearheading the efforts of the task force. 

Some examples of coronavirus and COVID-19 scams include:

• Treatment scams: Scammers are offering to sell fake cures, vaccines, and advice on unproven treatments for COVID-19.

• Supply scams: Scammers are creating fake shops, websites, social media accounts, and email addresses claiming to sell medical supplies currently in high demand, such as surgical masks. When consumers attempt to purchase supplies through these channels, fraudsters pocket the money and never provide the promised supplies.

• Provider scams: Scammers are also contacting people by phone and email, pretending to be doctors and hospitals that have treated a friend or relative for COVID-19, and demanding payment for that treatment.

• Charity scams: Scammers are soliciting donations for individuals, groups, and areas affected by COVID-19.

• Phishing scams: Scammers posing as national and global health authorities, including the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC), are sending phishing emails designed to trick recipients into downloading malware or providing personal identifying and financial information.

• App scams: Scammers are also creating and manipulating mobile apps designed to track the spread of COVID-19 to insert malware that will compromise users’ devices and personal information.

• Investment scams: Scammers are offering online promotions on various platforms, including social media, claiming that the products or services of publicly traded companies can prevent, detect, or cure COVID-19, and that the stock of these companies will dramatically increase in value as a result. These promotions are often styled as "research reports," make predictions of a specific "target price," and relate to microcap stocks, or low-priced stocks issued by the smallest of companies with limited publicly available information.

• Price Gouging scams: Individuals and businesses may sell essential goods, like hand sanitizer, for significantly higher prices than in a non-emergency setting. It is legally considered price gouging when the price of one of these products increases more than 10 percent its price in effect 10 days prior to an emergency declaration.

To report suspicious activity regarding the COVID-19 virus, residents are asked to call the National Center for Disaster Fraud Hotline at 1-866-720-5721 or email at disaster@leo.gov.

To report fraud directly to the FBI, please visit their website at https://www.ic3.gov/default.aspx.

Any West Virginia consumer wishing to report scams, price gouging or other matters by which bad actors may try to take advantage of consumers during the COVID-19 pandemic, can call the state’s Consumer Protection Hotline at 1-800-368-8808. Written complaints can be filed at www.wvago.gov. 

Don’t be a victim!  Visit www.irs.gov for the latest information on new scams and schemes!

Citizens can also call HSI’s general tip-line at 1-866-DHS-2-ICE or email the agency’s Intellectual Property Rights Center at iprcenter@ice.dhs.gov. 

For more information on COVID-19, please go to:  www.justice.gov/coronavirus.

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United States Attorney Stuart To Personally Oversee Coronavirus Response in Southern District of West Virginia

CHARLESTON, W.Va. – United States Attorney Mike Stuart of the Southern District of West Virginia today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.

In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.

“There is no higher priority for me at this time than ensuring that I do everything in my power to have the back of the American people and the citizens of West Virginia,” said United States Attorney Mike Stuart.  “The prosecution of fraudsters and scammers has been a priority of mine since becoming the United States Attorney but, especially at this time, we will simply not tolerate anyone taking advantage of the public.  Fraudsters and scammers who take advantage of the COVID-19 national crisis will be prosecuted to the fullest extent of the law and I will seek the maximum penalty in every case.  I will use every resource at my disposal to protect our citizens from those that would seek to further harm those that may already be suffering at this challenging time.   If you suspect fraud, I urge you to contact the NCDF hotline.  I have a record and reputation for being tough.  Anyone taking advantage of our citizens at this time hasn’t seen anything yet.”

Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.   

In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities.   U.S. Attorney Stuart has designated Assistant U.S. Attorney (AUSA)  John Frail, one of his most experienced AUSAs, as the Coronavirus Fraud Coordinator for the Southern District of West Virginia.  Given the gravity of the situation, coordination is being personally led and directed by U.S. Attorney Mike Stuart.  Stuart has directed all AUSAs within the district to be available around the clock to assist and prosecute any matters that arise relating to the current national crisis.

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.

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CHARLESTON, W.VA. – United States Attorney Mike Stuart today announced that more than $163 million in Department of Justice grants is available to help communities address America’s addiction crisis.

“Our nation is facing the difficult challenge of curbing substance addiction, which threatens public safety and is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”

“Especially at this time given the immediate national challenge and the continuing critical need to battle the opiate scourge, these funds are needed now more than ever.  The funding provided through Department of Justice grant programs is critical to countering the substance abuse and addiction that have destroyed West Virginia communities and devastated our families,” said United States Attorney Mike Stuart. “Although West Virginia is the epicenter of the opioid epidemic, our state is proving to be a model of how to win this fight through resiliency and innovation.  I am appreciative that the Department of Justice continues to make funding available to further our efforts.”

The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to prevent overdose deaths and break the cycle of addiction and crime. 

A number of funding opportunities that address the addiction crisis are currently open: 

• Adult Drug Court and Veterans Treatment Court Discretionary Grant Program

          https://bja.ojp.gov/funding/opportunities/bja-2020-17098

          Total Available $1.75 million                                      Deadline 5/14/2020   

• Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program

          https://bja.ojp.gov/COSSAP20

          Total Available $27 million                                         Deadline 5/21/2020

• Enhancing Community Responses to America's Addiction Crisis: Serving Our Youngest Crime Victims

                    Total Available: $19 million                                        Deadline: 5/4/2020

• Family Drug Court Program

          https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17090

          Total Available $18.2  million                                     Deadline 4/8/2020 (Extended)

• Harold Rogers Prescription Drug Monitoring Program

          https://bja.ojp.gov/funding/opportunities/bja-2020-17754

          Total Available $28.1                                                  Deadline 5/5/2020

• Juvenile Drug Treatment Court Program

         https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17051

         Total Available $7.2 million                                        Deadline 4/13/2020 (Extended)

• Mentoring Opportunities for Youth Initiative

          https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-16930

          Total Available $48 million                                         Deadline 4/13/2020  

• Opioid Affected Youth Initiative

          https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17352

          Total Available $9 million                                           Deadline 4/20/2020

• Research and Evaluation on Drugs and Crime   

          https://nij.ojp.gov/funding/opportunities/nij-2020-17275

          Total Available $1 million                                           Deadline 4/20/2020                           

• Residential Substance Abuse Treatment for State Prisoners

          https://bja.ojp.gov/RSAT20

          Total Available $4.5 million                                        Deadline 4/6/2020

For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities

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HUNTINGTON, W.Va. –  Two felons appeared before United States District Judge Robert C. Chambers this week for gun crimes, announced United States Attorney Mike Stuart.

Terry James Cox, age 35, of Huntington, was sentenced to 27 months in prison for being a felon in possession of a firearm.  Cox previously pled guilty and admitted that on August 9, 2019, he possessed a Kel-Tec .380 pistol.  Cox also admitted that he had been convicted of unlawful wounding and attempt to commit a felony in 2005 and 2010, respectively, and, as a result, was prohibited from carrying a firearm.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), along with the Huntington Drug Task Force and the Huntington Police Department, conducted the investigation.   Assistant United States Attorney Greg McVey handled the prosecution.

In a separate case, Anthony Smith, 44, of Wayne, pled guilty to being a felon in possession of a firearm.  On April 8, 2019, Troopers with the West Virginia State Police searched Smith’s vehicle in the parking lot of the Speedway gas station on 5th Street Road in Huntington.   Troopers located a loaded sawed off shotgun in the vehicle.  Smith admitted the gun was his.   Smith was prohibited from possessing a firearm under federal law because of a 2005 conviction for the felony offense of Aggravated Assault with a deadly weapon in Davidson County, Tennessee.  Smith faces up to 10 years in prison when he is sentenced on June 15, 2020.  The West Virginia State Police conducted the investigation.  Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.

These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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CHARLESTON, W.Va. –  United States Attorney Mike Stuart issued the following statement regarding the continuity of office operations and defending against scams relating to the COVID-19 pandemic:

“My office is following the guidance of Attorney General Barr, which makes it clear that the critical mission of the Department of Justice continues.  All office locations (Charleston, Huntington and Beckley) remain open and members of my team are continuing the administration of justice, enforcement of the Rule of Law, and the protection and safety of the people of West Virginia.  I am grateful for the commitment and dedication of my team and our law enforcement partners during this unprecedented time.  I am doing all I can to protect the health and safety of my team even as we continue with the critical mission of ensuring the health and safety of the people of West Virginia.

It is an absolute priority for me and my team to detect, investigate and prosecute all criminal conduct related to the pandemic.  Citizens should remain vigilant -- scammers & fraudsters never let an opportunity to scam and defraud go to waste.  Fraud against our seniors or against consumers is despicable -- especially when it is intended to take advantage of the natural fear and anxiety of a National Emergency and the COVID-19 situation.  When it comes to the COVID-19 situation, whether it’s a fake “charitable” cause or a fake “cure,” don’t be duped.  Use common sense, never give out your personal info, banking info or Social Security number, and never buy a gift card because someone wants paid “right now.”  If you’re confused or unsure, you should consult a friend or family member, and if you suspect fraud, report it to law enforcement and the FTC at consumer.ftc.gov.  If you are aware of such misconduct, please notify law enforcement as quickly as possible.  My office will be working with our federal, state and local law enforcement partners to ensure that all appropriate enforcement tools are made available to punish wrongdoers.”

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CHARLESTON, W.Va. – A Whitesville man has pled guilty to possession of child pornography, announced United States Attorney Mike Stuart. Daniel Runion, 34, pled guilty in May 2019 to one count of possessing child pornography.

“Egregious. Runion has now been convicted of a second federal child pornography offense, as well as being a felon in possession of a firearm,” said United States Attorney Mike Stuart.  “I commend the law enforcement agencies involved and my team for protecting West Virginia children from Runion by securing these convictions.”

Runion admitted that he possessed child pornography on his smart phone while in Marmet, Kanawha County. The images 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.  At the time of the offense, Runion had been recently released from prison after serving a 97 month sentence and was currently serving his 15 year term of supervised release resulting from a 2012 federal conviction for receiving child pornography.

Today, the Court found Runion to be in violation of his supervised release and revoked his release.  Runion faces up to 20 years in prison when sentenced on June 22, 2020.  In a separate case, Runion pled guilty to being a felon in possession of a firearm on October 29, 2019. He is awaiting sentencing on that charge, for which he faces up to 10 years in prison.

The West Virginia State Police and Homeland Security Investigations (HSI) conducted the investigation.  Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Kristin F. Scott 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.

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BLUEFIELD, W.Va. – A Princeton man pled guilty today for his participation in a drug trafficking operation in Mercer County, announced United States Attorney Mike Stuart. David Simmons, 51, of Princeton, pled guilty to conspiracy to distribute a quantity of oxymorphone and oxycodone.  Simmons was charged as a result of a long-term, multi-state, investigation known as Operation X-Nation. 

“Operation X-Nation demonstrates our continued efforts to hold prescription pill traffickers accountable,” said United States Attorney Mike Stuart.  “Although we have made tremendous progress in that regard, we are not ‘taking our eye off the ball’.”

Simmons admitted that between August 2017, and August 31, 2019, he participated in a drug trafficking organization (DTO) operating in Mercer County, West Virginia.  During this time period, Simmons worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County, within the Southern District of West Virginia.  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.  During this time period, 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 to re-distribute the pills in and around Mercer County. 

Simmons faces up to 20 years in federal prison and $1 million fine when he is sentenced on July 6, 2020.   

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 is in charge of the prosecution.  The plea hearing was held before Senior United States District Judge David A. Faber.

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

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HUNTINGTON, W.Va. – A Charleston woman caught with multiple pounds of methamphetamine and a firearm last year pled guilty to drug and gun charges today in federal court,  announced United States Attorney Mike Stuart.  Krista Lynn Morris, 34, pled guilty to possession with intent to distribute 500 grams or more of methamphetamine and unlawful possession of a firearm by a drug user. 

“Morris was peddling significant quantities of meth,” said United States Attorney Mike Stuart.  “Our law enforcement partners are working tirelessly to identify and investigate meth traffickers like Morris and, as a result, we are prosecuting scores of meth dealers.”

On April 2, 2019, agents contacted Morris in Teays Valley after learning that she was suspected of selling methamphetamine.  Agents seized approximately an ounce of methamphetamine from Morris and learned that she had rented a hotel room at the Holiday Inn in South Charleston.  Agents subsequently conducted a search of the room and seized approximately eight pounds of methamphetamine which Morris possessed.  Morris admitted to agents that she was involved in distributing methamphetamine to multiple customers. 

On August 28, 2019, agents arrested Morris and conducted a search of her residence in Charleston.  During the search, agents recovered a Smith & Wesson .380 caliber pistol which Morris admitted she possessed.  Morris also admitted that she was a methamphetamine user and thus, she was prohibited from possessing a firearm under federal law. 

Morris faces 10 years to life in prison when sentenced on June 15, 2020.

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

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CHARLESTON, W.Va. –   Five felons appeared in federal court on gun charges this week, announced United States Attorney Mike Stuart.

Paul William Martin, 34, of South Charleston, was sentenced to 46 months in prison for being a felon in possession of firearms.  Martin was also sentenced to 18 months for violating his previous term of supervised release, which will run concurrently.  A federal grand jury convicted Martin in December of 2019, following a two-day trial.  Martin was indicted on being a felon in possession of a firearm due to previous convictions for possession of a stolen vehicle, forgery, daytime burglary, and fraudulent use of an access device in Kanawha County, West Virginia.  Martin also had a previous federal conviction for being a felon in possession of a firearm in the Southern District of West Virginia.  At the time of his arrest for this charge, Martin was on supervised release for that previous conviction.  On October 12, 2018, Jason Buzzard had picked up Martin at the Sheetz gas station in order to sell him firearms.  As part of the transaction, Martin and Buzzard were going to exchange drugs as well as guns and cash.  Shortly after they met, and while they were en route to conduct the deal, Martin and Buzzard were stopped by officers with the South Charleston Police Department.  Those officers were able to locate and recover a .25 semi-automatic handgun and a .22 caliber revolver.   The South Charleston Police Department conducted the investigation with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).   United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorneys L. Alexander Hamner and Andrew Tessman handled the prosecution.

Michael Q. Cottrell, 23, of Charleston, was sentenced to 21 months in federal prison for being a felon in possession of firearms.  A federal jury convicted Cottrell, 23, on November 8, 2019, of possessing firearms despite being prohibited as a felon.  On August 25, 2018, Cottrell was the driver of a vehicle that crashed on Garrison Avenue in the early morning hours. Cottrell left the scene of the car crash while a male passenger remained inside the overturned car. The car caught on fire and elderly residents of Garrison Avenue had to extinguish the flames. Investigators discovered a jail call from Cottrell in which he admitted to speeding down Garrison Avenue and crashing his car into a telephone pole and a fence. Police recovered two firearms, a pistol and a revolver, at the scene of the crash. At trial, evidence established that Cottrell threw one of the firearms next to a nearby shed in a resident’s yard. Cottrell had been seen earlier that same night with the other firearm, which juveniles playing basketball located hours after the crash. At trial, Cottrell stipulated that he was a felon and that he knew he was a felon at the time of the car crash.  The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.  Assistant United States Attorneys Kristin F. Scott and Joshua C. Hanks handled the prosecution.

Shad Michael Knight, 27, of Parkersburg, pled guilty to being a felon in possession of a firearm.  Knight 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.    Knight faces up to ten years in prison when sentenced on June 24, 2020.  The Parkersburg Narcotics Task Force, the Parkersburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) 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.

Jeromee Todd Donaway, 31, of Parkersburg, pled guilty to being a felon in possession of a firearm.  On February 25, 2019, the Parkersburg Police Department responded to a residence on Broadway Avenue to investigate a complaint that Donaway had been seen waiving a firearm while screaming at someone.  The responding officers detained Donaway and located a loaded Cobra .380 caliber pistol.  At the time of the arrest, Donaway was on bond for a previous incident on December 22, 2018 when the Vienna Police Department seized two pistols from him during a traffic stop on Grand Central Avenue.  As a convicted felon, Donaway was prohibited from possessing the firearms.  During the plea hearing, Donaway admitted that he possessed the firearms on both occasions.  He further admitted that at the time he possessed the weapons, he knew he had been convicted of several felony offenses including being convicted in Wood County Circuit Court in 2017 of possession with intent to deliver a controlled substance.  Donaway faces up to 10 years in federal prison when he is sentenced on June 2, 2020.  The Parkersburg Police Department and the Vienna Police Department conducted the investigation.   United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorney Josh Hanks is handling the prosecution.

Ricky Nelson, 31, of Logan County, pled guilty to being a felon in possession of a firearm.  Nelson admitted that on April 30, 2018, he possessed a RG Model 23, .22 in Logan County, West Virginia.  While in his possession, the gun fired, shooting another person.  His possession of the firearm was illegal due to his having been convicted in the Circuit Court of Logan County for robbery in the first degree in violation of W.Va. Code § 61-2-12.   Nelson faces up to 10 years in prison when sentenced on June 16, 2020.  The Boone County Sheriff’s Office conducted the investigation.   United States District Senior Judge John T. Copenhaver, Jr. presided over the hearing.  Assistant United States Attorney Christopher 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.            

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Charleston, W.Va. – A Columbus, Ohio man pled guilty to a drug crime,  announced United States Attorney Mike Stuart.  Darrell Gossett, age 34, pled guilty to possession with intent to distribute 50 grams or more of methamphetamine.

“Sounds like a comedy but it was real life -- drug dealer with 250 grams of meth backs into a police car,” said United States Attorney Mike Stuart.  “It’s not a comedy but maybe a comedy of errors. Law enforcement was able to seize the meth before Gossett could peddle it throughout southern West Virginia.”

Gossett admitted that on November 6, 2019, he possessed over 250 grams of methamphetamine hidden inside his vehicle. Investigators were approaching 2403 Whitman Creek Road in Whitman to investigate possible drug activity when Gossett quickly backed out of the location, striking a police cruiser.  A subsequent search of his vehicle led to the seizure of the methamphetamine.  As part of his guilty plea, Gossett admitted that he planned on selling the methamphetamine.

Gossett faces up to 40 years in prison when sentenced on June 17, 2020.

The Logan County Sheriff’s Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Nowles Heinrich is handling the prosecution.

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CHARLESTON, W.Va. – A Cedar Grove man pled guilty to possession of child pornography, announced United States Attorney Mike Stuart. Benjamin Franklin Thomas, 32, pled guilty to one count of possessing child pornography in January 2019.

“Make no mistake, we’re coming after those that sexually exploit children,” said United States Attorney Mike Stuart.  “We’ll prosecute them to the fullest extent of the law and seek maximum prison sentences.”

Thomas admitted that that he used his smart phone to search for images of child pornography on the Internet, download the images, and save them to his Google Photos while residing in Cedar Grove in Kanawha County. Images possessed by Thomas included prepubescent minors and images depicting sadistic or masochistic conduct and sexual exploitation of very young children.

Thomas faces up to 20 years in prison when sentenced on June 18, 2020.

The South Charleston Police Department, the Cedar Grove Police Department, the United States Secret Service, and the West Virginia State Police Internet Crimes Against Children Task Force conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.

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

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HUNTINGTON, W.Va. – A Sissonville man pled guilty in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia,  announced United States Attorney Mike Stuart.  Michael Eugene Hicks, 36, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine. 

“Hicks is one of 21 individuals indicted for their roles in a large meth trafficking conspiracy,” said United States Attorney Mike Stuart.  “My office will use every available resource to shut down the pipeline of deadly drugs coming into West Virginia, prosecute those responsible to the fullest extent of the law, and protect the people of our state.”

Hicks admitted that between the July and September of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Sissonville and Charleston areas.  During the conspiracy, Hicks repeatedly obtained large quantities of methamphetamine which were transported from Akron to West Virginia.  Hicks would in turn distribute the methamphetamine to various customers and admitted that he knew some of his customers intended to re-distribute the methamphetamine they were purchasing.

On August 5, 2019, Hicks traveled from West Virginia to the Canton, Ohio area to acquire additional methamphetamine.  After receiving the methamphetamine in a shopping mall parking lot, Hicks was stopped by the Ohio State Highway Patrol in Canton.  Hicks was found to be in possession of approximately 5 pounds of methamphetamine that he was transporting to West Virginia to sell. 

As part of his plea, Hicks admitted that he was responsible for distributing up to 5 kilograms of methamphetamine during the conspiracy.    

Hicks faces 10 years to life in prison when sentenced on June 29, 2020.

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

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HUNTINGTON W.Va. – A Huntington woman caught selling heroin in Huntington in 2018 was sentenced to 36 months in federal prison, announced United States Attorney Mike Stuart.  Tonya Lynn Thompson, 37, previously entered a guilty plea to distributing heroin. 

“Thompson was selling a number of deadly drugs from her Huntington residence,” said United States Attorney Mike Stuart.  “As a result of the good work of the Cabell County Sheriff’s Department, she will now reside in a federal prison.”

On July 11, 2018, an informant working at the direction of the Cabell County Sheriff’s Department went to Thompson’s residence located at 831 15th Street in Huntington to purchase heroin.  Inside the residence, Thompson sold the informant heroin in exchange for $140.  Thompson also admitted as part of her plea agreement that she assisted in the sale of fentanyl to an informant the prior day at her residence.

On July 16, 2018, deputies executed a search warrant at Thompson’s residence.  During the search, deputies recovered approximately 12 grams of fentanyl and approximately 48 grams of methamphetamine.  Also as part of her plea agreement, Thompson admitted that she distributed fentanyl, heroin, and methamphetamine in Huntington between July of 2017 and July of 2018.  Thompson further admitted that she allowed others to stay in her residence for the purpose of storing and selling drugs. 

The Cabell County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers.

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HUNTINGTON, W.Va. - A Huntington man, Andre Womble, 30, was sentenced to 21 months for selling heroin, announced United States Attorney Mike Stuart.   In a separate proceeding, Womble was sentenced to 24 months in prison for violating the terms of his supervised release by selling heroin.  The sentences will run consecutive to one another for a 45 month prison sentence.

“Womble was selling drugs before even completing his term of supervised release from a previous federal drug conviction,” said United States Attorney Mike Stuart.  “His return to criminal activity gets him more time in prison.”

Womble previously admitted that on June 18, July 12, and July 19, 2019 he sold heroin to an informant in Huntington, West Virginia. 

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

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

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HUNTINGTON, W.Va. – A Huntington man who was arrested after postal inspectors seized a large quantity of methamphetamine in the mail, pled guilty today,  announced United States Attorney Mike Stuart.  Stewart Longworth Jordan III, 27, pled guilty to attempted possession with intent to distribute 50 grams or more of methamphetamine. 

“Postal Inspectors play a critical role in our drug enforcement efforts,” said United States Attorney Mike Stuart.  “In this one instance, USPS intercepted more than two pounds of meth on its way to Jordan, which he intended to sell. Just because it fits doesn’t mean it’s legal to ship.”

On November 9, 2018, an inspector with the United States Postal Inspection Service located a package in the Huntington post office which had been mailed from Nevada and which was found to contain over 2 pounds of methamphetamine.  Inspectors subsequently delivered the package to a residence in Huntington and Jordan arrived at the residence to collect the package.  Jordan was arrested and admitted in court that he intended to sell the methamphetamine. 

Jordan faces 5 to 40 years in prison when sentenced on June 16, 2020.

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

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CHARLESTON, W.Va. – A Charleston man pled guilty to federal gun crimes today, announced United States Attorney Mike Stuart. John Miller, 23, pled guilty making a false statement during the purchase of a firearm, possession of a firearm by a prohibited person, possession of a firearm in a school zone, and discharge of a firearm in a school zone.

“Miller, a prohibited person, lied to get a gun.  He then shot it near an elementary school during a drug deal,” said United States Attorney Mike Stuart.  “We are working closely with ATF and state and local law enforcement to get those who pose a threat of violence to our communities off of our streets.”

On April 7, 2019, Miller went to Cabela’s near Corridor G in Charleston, which is a licensed firearm dealer, and purchased a Taurus G2C 9 mm pistol. Prior to purchasing the firearm, he checked “no” in response to a question on the DOJ ATF Firearms Transaction Record Form 4473 indicating he was not an unlawful user of and addicted to a controlled substance, but he knew that to be a false statement as he was an unlawful user of and addicted to marijuana. Shortly after purchasing the firearm, he took it within a distance of 1,000 feet of Mary C. Snow West Side Elementary School and discharged it during a drug deal.

Miller faces up to 20 years imprisonment on the false statement and felon in possession charges, and up to five years, to run consecutively, on the charges relating to possession and discharge of a firearm in a school zone.  Miller is scheduled to be sentenced on June 1, 2020. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation.  United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorneys Ryan A. Saunders and Negar M. Kordestani are 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.

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

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CHARLESTON, W.Va. – United States Attorney Mike Stuart joined Attorney General William P. Barr in announcing the Department of Justice’s National Nursing Home Initiative, which will coordinate and enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents. 

This initiative is focusing on some of the worst nursing homes around the country and the Department has already initiated investigations into approximately thirty individual nursing facilities in nine states as part of this effort. 

“Millions of seniors count on nursing homes to provide them with quality care, and to treat them with dignity and respect when they are most vulnerable,” said Attorney General William P. Barr.  “Yet, all too often, we have found nursing home owners or operators who put profits over patients, leading to instances of gross abuse and neglect. This national initiative will bring to justice those owners and operators who have profited at the expense of their residents, and help to ensure residents receive the care to which they are entitled.” 

“West Virginia has a significant elder population and many families depend on nursing homes to provide excellent quality care to their loved ones,” said United States Attorney Mike Stuart.  “We will bring all available federal resources to bear on nursing homes in the District that put greed before resident care.  We are committed to protecting and ensuring justice for West Virginia seniors.”

The department considers a number of factors in identifying the most problematic nursing homes.  For example, the department looks for nursing homes that consistently fail to provide adequate nursing staff to care for their residents, fail to adhere to basic protocols of hygiene and infection control, fail to provide their residents with enough food to eat so that they become emaciated and weak, withhold pain medication, or use physical or chemical restraints to restrain or otherwise sedate their residents.  These care failures cause residents to suffer in pain and to be exposed to the great indignities.  Care failures cause residents to develop pressure sores down to the bone, to lie in their own waste for hours, to starve because they cannot reach the food on their trays and to remain unwashed for weeks at a time.  Nursing homes that provide grossly substandard care also force vulnerable elderly residents who cannot leave the facilities to live in filthy and dangerous conditions where there are leaks in the roofs, mold is found growing and rodents found living in residents’ rooms.  These are some of the actions and the inactions that the department intends to pursue.

The National Nursing Home Initiative reflects the department’s larger strategy and commitment to protecting our nation’s seniors, coordinated by the department’s Elder Justice Initiative in conjunction with the U.S. Attorneys’ Offices.  The Elder Justice Initiative and the U.S. Attorneys’ Offices are essential to the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries.  The Initiative and the U.S. Attorneys’ Offices also support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources, and information.  Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.

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BECKLEY, W.Va. –  United States Attorney Mike Stuart announced that three different defendants appeared in federal court during the past week to plead guilty to sex offenses involving minors. 

“No child should ever have to endure these acts of human depravity. These are the most despicable of crimes because they are committed against the very people we are supposed to protect and nurture - our kids,” said United States Attorney Mike Stuart.  “My prosecutors work tirelessly with federal, state and local law enforcement agencies throughout the District to track down child predators and hold them accountable.”

On February  28, 2020, Joshua T. Haynes, 41, of Virginia, pled guilty to attempted sex trafficking of a minor.  Haynes admitted that between October 31 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, West Virginia, and paid him the agreed upon sum in order to have sex with the minor, at which time Haynes was placed under arrest. Haynes faces at least 10 years and up to life in federal prison when he is sentenced on July 20, 2020.

Also on February 28, 2020, Matthew David Lambert, 26, of Renick, West Virginia, pled guilty to attempting to receive child pornography.  Lambert admitted that from on October 31 to November 1, 2019, he communicated via a social messaging application with a minor he believed to be a 14-year-old girl he understood to be located in Lewisburg, West Virginia. Despite knowing her age, Lambert repeatedly asked her to send him sexually explicit photographs of herself. When the purported minor refused, they agreed that they would meet at a hotel in Lewisburg, West Virginia, to engage in sexual activity, and Lambert would record this sexual activity on his cell phone. On November 1, 2019, Lambert traveled to a hotel in Lewisburg in order to engage in sexual intercourse with the purported 14-year-old girl. Lambert faces at least 5 and up to 20 years in federal prison when he is sentenced on July 10, 2020.

On March 2, 2020, Joshua Kevin Laxton, 29, of Lashmeet, West Virginia, pled guilty to traveling in interstate commerce in order to engage in illicit sexual activity with a minor.  Laxton admitted that on September 14, 2019, he began communicating via text messages with a minor he believed to be a 14-year-old girl located in Lewisburg, West Virginia. Despite knowing her age, Laxton discussed meeting the minor to engage in sexual intercourse. On November 1, 2019, Laxton drove through Virginia to meet the purported minor at an arranged meeting location in Lewisburg in order to engage in sexual intercourse. Laxton faces up to 30 years in federal prison when he is sentenced on July 6, 2020.

Upon release from prison, all three defendants will be required to serve a term of supervised release of at least five years and up to life. They will also be required to register as sex offenders. The investigations were all conducted by the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, which included task force officers from the West Virginia State Police, the Kanawha County Sheriff’s Department, and the Ashland (Kentucky) Police Department, with additional assistance from the Greenbrier County Sheriff’s Department.  Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions. United States District Judge Frank W. Volk presided over the plea hearings.

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

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CHARLESTON, W.VA. – United States Attorney Mike Stuart joined Attorney General William P. Barr, FBI Director Christopher A. Wray, and Chief Postal Inspector Gary R. Barksdale today in announcing the largest coordinated sweep of elder fraud cases in history.  This year, prosecutors charged more than 400 defendants, far surpassing the 260 defendants charged in cases as part of last year’s sweep.  In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused alleged losses of over a billion dollars.

Just last week, Patricia Dudding, 68, of Huntington, West Virginia, was indicted for her role in an international Nigerian fraud scheme.  It is the largest elder fraud scheme ever prosecuted in West Virginia history.  The indictment charges Dudding with conspiracy to commit money laundering, bank fraud and unlawful money transactions.  The indictment alleges that Dudding acted as a money mule for a Nigerian scammer and that over $3 million was transferred or deposited into her accounts during the course of the scheme.  The indictment also seeks forfeiture of nearly $1.9 million related to the alleged scheme. 

“Americans are fed up with the constant barrage of scams that maliciously target the elderly and other vulnerable citizens,” said Attorney General William P. Barr.  “This year, the Department of Justice prosecuted more than 400 defendants, whose schemes totaled more than a billion dollars. I want to thank the men and women of the Department’s Consumer Protection Branch, which coordinated this effort, and all those in the U.S. Attorneys’ Offices and Criminal Division who worked tirelessly to bring these cases. The Department is committed to stopping the full range of criminal activities that exploit America’s seniors.” 

“Elder fraud is a diabolical crime that preys on the vulnerabilities of some of the most vulnerable among us,” said United States Attorney Mike Stuart.  These crimes are devastating to victims who often lose their life savings.  We are using both criminal and civil enforcement tools to hold fraudsters accountable and seek justice for the victims.”  

“The exploitation of a vulnerable population is a particular evil,” said United States Secret Service Resident Agent in Charge Wade Fleming.  “We will continue to work with our federal, state and local law enforcement partners to bring offenders to justice and recover money for the victims.” 

This interactive map (https://www.justice.gov/civil/elder-fraud-sweeps-2020) provides information on the elder fraud cases highlighted by today’s sweep announcement. 

Elder Fraud Hotline 

Attorney General Barr also announced the launch of a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud.  The Hotline will be staffed by experienced case managers who can provide personalized support to callers.  Case managers will assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.  When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a complaint to the Federal Trade Commission on behalf of the caller.  The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

For the second year, the Department of Justice and its law enforcement partners also took comprehensive action against the money mule network that facilitates foreign-based elder fraud. Generally, perpetrators use a “money mule” to transfer fraud proceeds from a victim to ringleaders of fraud schemes who often reside in other countries. Some of these money mules act unwittingly, and intervention can effectively end their involvement in the fraud. The FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases. Agents and prosecutors in more than 85 federal district participated in this effort to halt the money flow from victim to fraudster. These actions against money mules were in addition to the criminal and civil cases announced as part of this year’s elder fraud sweep. 

These outreach efforts have helped to prevent seniors from falling prey to scams and have frustrated offenders’ efforts to obtain even more money from vulnerable elders. 

The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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BECKLEY, W.Va. –  United States Attorney Mike Stuart announced that two different Project Safe Childhood (PSC) defendants were sentenced to federal prison today for child pornography offenses. 

“Wallace and Blake will be in federal prison for many years because of their heinous crimes,” said United States Attorney Mike Stuart.  “Protecting West Virginia children is a top priority for me and my office.  We continue to hold PSC defendants accountable by prosecuting them to the fullest extent of the law.”

Charles Larry Wallace, Jr., 47, of Coal City, West Virginia, was sentenced to serve 262 months (21 years, 10 months) in federal prison for producing child pornography.  Upon release from prison, Wallace will be required to serve a lifetime term of supervised release and register as sex offender. Wallace previously admitted that on January 5, 2019, he took several sexually explicit images of a child under the age of 12 who was in his care at the time. Wallace distributed those images to at least one other individual.

Gordon Blake, 62, of Beckley, West Virginia, was sentenced to serve 14 years in federal prison for possession of child pornography. Upon release from prison, Blake will be required to serve a term of 20 years of supervised release and register as sex offender. Blake previously admitted that on July 21, 2018, he possessed over 600 images of child pornography, many of which depicted prepubescent minors and some of which depicted sadistic conduct. Blake also has previous Pennsylvania convictions from 1997 related to the sexual assault of two minors under the age of 12.

The investigations were conducted by the West Virginia States Police Internet Crimes Against Children Task Force and Homeland Security Investigations. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions.  United States District Judge Frank W. Volk presided over both sentencing hearings.

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

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BECKLEY, W.Va. – A Bluefield woman pled guilty today for her participation in a drug trafficking operation (DTO) in Raleigh and Mercer Counties, announced United States Attorney Mike Stuart. Marika Davis, 38, of Bluefield, pled guilty to conspiracy to distribute a quantity of methamphetamine.  Davis was charged as a result of a long-term, multi-state, investigation known as Operation Shutdown Corner. 

“Mercer and Raleigh counties are not immune from the drug scourge,” said United States Attorney Mike Stuart. “Operation Shutdown Corner was a critical operation that made the lives of citizens better and safer. We continue with a sense of urgency to zero in on those that sell and distribute poisons to our kids and families.”

Davis admitted that between February 2019, and August 9, 2019, she participated in a DTO operating in Raleigh County and Mercer County, West Virginia by allowing drugs to be shipped to her home address at the request of other members of the DTO.  At the hearing, Davis admitted that she was paid to have packages delivered to her house.  She also admitted that on August 9, 2019, that 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.  At that time 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. 

Davis faces up to twenty years in federal prison, and $1 million fine, to be followed by at least three years of supervised release when she is sentenced on July 6, 2020.   

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

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

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HUNTINGTON W.Va. – An Ohio man involved in the distribution of large quantities of methamphetamine which were transported from Akron and sold in West Virginia last year was sentenced to 42 months in federal prison,  announced United States Attorney Mike Stuart.  Marquis Allen Pritchett, 22, previously pled guilty to conspiracy to distribute 500 grams or more of methamphetamine. 

“We are working with law enforcement partners in Ohio and elsewhere to shut down drug trafficking organizations responsible for bringing large quantities of deadly drugs into West Virginia,” said United States Attorney Mike Stuart.  “The success of this investigation is attributable to our collaborative efforts.”

Pritchett admitted that between June and August of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia.  During the conspiracy, Pritchett obtained large quantities of methamphetamine which were transported from Akron to be sold in multiple cities in West Virginia including Hurricane and Charleston.  Pritchett admitted that he supplied methamphetamine to other West Virginia based meth dealers on a recurring basis and that he was aware the methamphetamine he sold would be re-distributed in West Virginia.  As part of his plea agreement, Pritchett admitted that he was responsible for distributing up to 1.5 kilograms of methamphetamine.    

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

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HUNTINGTON W.Va. – A formal postal employee who participated in a scheme to distribute marijuana mailed from California to Huntington over a period of several years was sentenced to federal prison, announced United States Attorney Mike Stuart.  Michael Mason Morton, 55, was sentenced to six months in federal prison after previously entering a guilty plea to distribution of marijuana. 

“Morton abused his position as a letter carrier with the United States Postal Service,” said United States Attorney Mike Stuart.  “He was a drug dealer in a postal uniform with a delivery route.  The team of law enforcement personnel that worked this case did an outstanding job and put an end to this marijuana distribution scheme.”

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

Morton further admitted that, between 2015 and March of 2018, he conspired with others to distribute marijuana in the Huntington area.  During the conspiracy, marijuana was frequently shipped through the United States mail from California to Huntington.  Once the parcels containing marijuana arrived in Huntington, Morton delivered the parcels on his assigned delivery route.  Morton admitted that he was paid money for his participation in the conspiracy and that he was responsible for the distribution of up to 80 kilograms of marijuana.      

The United States Postal Service Office of Inspector General, the United States Postal Inspection Service, the West Virginia State Police – Violent Crime and Drug Task Force West, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Barboursville Police Department, conducted the investigation.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Joseph F. Adams handled the prosecution.

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BECKLEY, W.Va.—A federal inmate was sentenced to four months in prison for escape, announced United States Attorney Mike Stuart.  Linda Avila, 55, previously admitted that on January 29, 2019, she walked away from the Federal Prison Camp (FPC) at Alderson, a minimum security prison for female inmates.  She was immediately captured a short distance from the prison grounds.  Avila was serving a twelve-year sentence for conspiracy to defraud the government and mail fraud.  Her sentence for escape will run consecutively to her prior sentence.

“The only thing Avila accomplished by trying to escape, is extending her already lengthy stay at FPC Alderson,” said United States Attorney Mike Stuart.

The Federal Bureau of Prisons conducted the investigation.  United States District Judge Frank Volk presided over the hearing.  Assistant United States Attorney John File handled the prosecution.

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CHARLESTON, W.Va. – A Poca, West Virginia man entered a guilty plea to mail fraud for his role in a scheme to defraud Toyota of more than $4 million, announced United States Attorney Mike Stuart.  Stanley Clark, 67, faces up to 20 years of incarceration when he is scheduled to be sentenced on May 28, 2020.  He will also be required to pay restitution to Toyota. 

“This was one heck of a scheme and it worked until the fraud was caught. Of course, that’s always the story with fraud schemes. Clark was involved in perpetrating this warranty fraud scheme for two years,” said United States Attorney Mike Stuart.  “Thanks to the outstanding work of a number of law enforcement agencies, the scheme was thwarted and Clark is facing significant time in prison for his crime. Great work by the entire team to expose a costly fraud to a great company and consumers.”

Clark was employed as a transfer agent for a company contracted by Toyota to administer an extended warranty extension program where Toyota had offered to repurchase certain trucks for 150% of their value, so long as those trucks were owned by individual Toyota customers.  Clark admitted he was a participant 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.

Clark admitted that the execution of the scheme relied on him to coordinate fraudulent truck repurchase meetings, work with a notary to forge the false owners’ signatures on truck repurchase documentation, and mail the fraudulent repurchase documentation that induced Toyota to repurchase the trucks. Clark received a cash payment from Big Blue Motor Sales for every fraudulent transaction. The scheme participants ran 350 trucks through the scheme between 2013 and 2015, causing approximately $4.3 million in losses to Toyota.  

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.  Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorneys Andrew J. Tessman and Steven I. Loew are handling the prosecution.

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HUNTINGTON, W.Va. –  Three men pled guilty to federal drug crimes before United States District Judge Robert C. Chambers in Huntington, announced United States Attorney Mike Stuart.

“Three more out-of-state drug dealers that were peddling deadly poisons in Huntington stand convicted of their crimes,” said United States Attorney Mike Stuart.  “We’re making great progress in Huntington because of partnerships, collaboration, and a focus on tough prosecution.” 

Demaurea Davis, 23, of Akron, Ohio, pled guilty to possession with intent to distribute fentanyl.  Davis admitted that while serving a state sentence of home confinement, he possessed approximately 40 grams of heroin and fentanyl in his residence.  On January 29, 2018, officers searched his residence and located approximately 40 grams of heroin and fentanyl.  Davis admitted that he intended to sell the heroin and fentanyl.  Davis faces up to twenty years in prison when sentenced on June 8, 2020. 

Rudolph Jackson, 42, also of Akron, pled guilty to a five count indictment which charged him with selling heroin and aiding and abetting the possession with intent to distribute methamphetamine and heroin.  Jackson admitted that on four separate occasions he sold heroin to a confidential informant in Huntington.  Jackson also admitted that on August 22, 2019, officers with the Huntington Police Department executed a search warrant at 702 Washington Avenue, Apartment 7 in Huntington.  Officers found distribution quantities of methamphetamine and heroin inside the apartment.  Jackson admitted he intended to aid other individuals in selling the methamphetamine and heroin.  Jackson faces up to twenty years in prison when sentenced on June 1, 2020. 

Alonzo Wayne Clay, Jr., 31, of Austin, Texas pled guilty to possession with intent to distribute crack cocaine.  Clay admitted that on September 18, 2019, he fled from officers in his vehicle.  Once he stopped his vehicle, officers found approximately 25 grams of crack cocaine and 1,000 ecstasy pills in his vehicle.  He admitted he intended to sell the crack cocaine and the ecstasy pills.  Clay faces up to twenty years in prison when sentenced on June 8, 2020.

The Huntington Police Department conducted the investigations.  Assistant United States Attorney Stephanie Taylor is handling the prosecutions.

The Davis and Jackson cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.

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Defendant fraudulently obtained over $74,000

HUNTINGTON, W.Va. –  A Nitro, West Virginia woman entered a guilty plea to the felony offense of fraudulently obtaining Social Security Income benefits, announced United States Attorney Mike Stuart.  Teresa Ahrent, 56, faces up to 5 years of incarceration when she is scheduled to be sentenced on June 8, 2020.  She will also be required to pay restitution back to the United States Social Security Administration.  United States Attorney Mike Stuart praised the work of the United States Social Security Administration-Office of Inspector General (SSA-OIG) and the Social Security Administration (SSA). 

“Social security and government benefit fraud is rampant and epidemic. Stealing government benefits is an abhorrent repugnant act,” said United States Attorney Mike Stuart.  “The bottom line is this- steal social security or any other government benefit and we will prosecute you to the fullest extent of the law.  If we catch you ripping off the system and the taxpayers, we will hold you accountable. No excuse is acceptable. We are working closely with the Social Security Administration to identify fraudsters and hold them accountable.”

Ahrent applied for Title XVI Social Security benefits in January 2005 as a representative payee on behalf of her adult daughter.  These Social Security benefits are based on income and living arrangements, and create a duty on the representative payee to report a change in income or living arrangements.  In 2005, Ahrent indicated that her daughter resided with her in her (then) home in Hurricane, Putnam County, West Virginia.  In 2010, Ahrent’s adult daughter was removed from Ahrent’s home and began to live in Mildred Mitchell-Bateman psychiatric hospital in Huntington, where Ahrent’s daughter resided for nine years.  Every year, Ahrent represented to the SSA that her adult daughter resided in Ahrent’s home in Hurricane, when in fact her daughter was living full time at the Bateman hospital and Ahrent had moved to Nitro, Kanawha County, West Virginia.  In 2019, the Social Security Administration learned of the fraud and referred the case to the Office of Inspector General. On April 30, 2019, Ahrent gave a detailed statement to federal investigator with the Office of Inspector General and a representative with the Social Security Administration  admitting that her daughter did not reside in her home and that she was receiving money that she was not entitled to receive.  From June 2010 through May 2019, Ahrent received $74,641 in Social Security benefits in excess of the amount she was due. 

United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Erik S. Goes and Julie White handled the prosecution. 

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CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced that a federal grand jury has indicted a Huntington woman in connection with laundering funds from an international fraud scheme that scammed money from individuals, many of whom were elderly, in several states and foreign countries.

A twelve count indictment was returned against Patricia Dudding, 68, of Huntington, charging her with conspiracy to commit money laundering, bank fraud and unlawful money transactions.  The indictment alleges that Dudding acted as a money mule for a Nigerian scammer.  According to the indictment, Dudding met “Lucas” online in the early spring of 2018, and although they never actually met in person, Dudding and Lucas communicated frequently by email and text messages.   The indictment alleges that Dudding set up numerous bank accounts in her name at over 10 different banks and that she would use these bank accounts to wire and receive fraudulent funds.  Dudding received numerous deposits in those bank accounts from more than two dozen individuals located in the United States and abroad.  She, and unnamed co-conspirators, would then transfer these funds to bank accounts located in Nigeria. To further the scheme, Dudding admittedly would make false and fraudulent representations to the financial institutions to make it appear that the wire transfers were being sent for legitimate purposes.

“Egregious. This is the largest elder fraud scheme ever prosecuted in the history of West Virginia and our work continues.  This case is significant on a national and international level,” said United States Attorney Mike Stuart. “Elder fraud is an important priority for Attorney General Barr and me.  Elder fraud is a diabolical crime that preys on the vulnerabilities of some of the most vulnerable among us. By all outward appearances, Mrs. Dudding was just an ordinary neighbor but, instead, the indictment alleges she was what we call a “money mule” actively engaged in facilitating a money laundering scheme that left many, many victims in its wake. The stories of the victims are tragic. Our goal is to hold those responsible accountable and to do our best to make victims of these despicable crimes whole. This investigation is on-going.”

“The exploitation of both a vulnerable population as well as our financial systems is a particular evil,” said U.S. Secret Service Charleston Resident Agent in Charge Wade Fleming. “These criminals may not hide behind false identities and fraudulent accounts, and our skilled investigators will continue to pursue and bring these malicious actors before our justice system.”

Money mules play critical roles in the commission and facilitation of fraudulent schemes including elder fraud.  A money mule is someone who transfers illegally acquired money on behalf of or at the direction of another party. Criminal enterprises recruit what is referred to as a “mule” to move money electronically through bank accounts, move physical currency, or assist in the movement of money through a variety of other methods. Money mules are inherently dangerous, as they add layers to the money trail from a victim to a criminal and launder money illegally to aid a criminal actor.

The indictment alleges that Dudding used over $100,000 of victim funds for her personal benefit over the course of the scheme.  Dudding used those funds to pay her utility bills, satellite television service, groceries, drug store purchases, gasoline purchases, department store purchases, restaurants and took numerous cash withdrawals.  Her total cash withdrawals amounted to nearly $42,000.  The total loss contributed to the fraudulent scheme is $3.2 million.  Over $3 million was transferred or deposited into Dudding’s accounts during the scheme and she attempted to transfer over $1.6 million to Nigeria during this period.

During the course of the investigation, warrants were issued for the seizure of nearly $1.9 million related to the alleged scheme.  The indictment seeks forfeiture of those funds.

The victims in this case that have been identified are from six (6) countries including the United States, Australia, Canada, Nevis, Poland, and Sweden as well as twenty (20) states including Alaska, Arkansas, California, Connecticut, Florida, Georgia, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Jersey, North Carolina, Pennsylvania, Ohio, Texas, and Washington. 

The investigation was conducted by the United States Secret Service, the Federal Deposit Insurance Corporation (FDIC) – Office of Inspector General and the South Charleston Police Department.   Assistant United States Attorney Kathleen Robeson is handling the matter.

“Elder fraud and financial fraud are complex frauds.   I want to commend the excellent, detailed work of the Secret Service, the FDIC-OIG and the South Charleston Police Department, and my team, including AUSA Robeson and my remarkable investigators, Steve Rowley and Tony Hussion.  This was a team effort and I’m proud of their work,” continued Stuart.

If convicted on all counts, Dudding faces up to 20 years in prison.  The investigation is ongoing and could result in additional federal and state charges in the future.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors.  In particular, in March 2019, the department announced the largest elder fraud enforcement action in American history, charging more than 260 defendants in a nationwide elder fraud sweep.  The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.  

More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage.  Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov.

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.

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CHARLESTON, W.Va. – The last four Project Parkersburg defendants pled guilty to federal drug charges, announced United States Attorney Mike Stuart. Aurelius Edmonds 37, of Vienna, and Terrence McGuirk, 50 of Parkersburg, pled guilty to conspiracy to distribute more than 500 grams of methamphetamine.  Antoine Terry, 37, of Parkersburg, pled guilty to conspiracy to distribute more than 500 grams of cocaine.  Amanda Atkinson, 43, of Parkersburg, pled guilty to using a cellular telephone to facilitate drug trafficking offenses.  Edmonds, McGuirk, and Terry admitted that they had agreed together to purchase methamphetamine and cocaine from a source of supply in Phoenix, Arizona in August 2018.  Edmonds traveled to Phoenix to purchase the drugs and make arrangements with Todd Land and Troy Pastorino to ship them to Dayton, Ohio where he, Terry, and McGuirk would take possession of the shipment.

Police learned of the deal and intercepted the shipment in a traffic stop of Troy Pastorino in Dayton, Ohio on September 19, 2018.  Edmonds, Terry, and Land were arrested at a night club where they were awaiting word from Pastorino that the shipment was ready for pickup.  McGuirk was arrested in his nearby hotel room.  The shipment contained 121 pounds of ICE methamphetamine and 6 kilograms of cocaine.  McGuirk admitted his intent to distribute his share of the methamphetamine in and around Parkersburg.  Edmonds and Terry admitted their intent to distribute the cocaine in Ohio and return to Parkersburg with the proceeds.   

Atkinson admitted that on September 18, 2018, Edmonds called her from Dayton and directed her to retrieve drugs from a stash house on Liberty Street in Parkersburg and deliver them to McGuirk.  Police observed her travel from Liberty Street to meet McGuirk at a convenience store in Parkersburg.  On September 20, 2018, federal agents and officers with the Parkersburg Police Department executed a search warrant at the Liberty Street residence and seized approximately 225 grams of heroin and 478 grams of fentanyl.

“An enormous amount of deadly drugs were seized as a result of Project Parkersburg,” said United States Attorney Mike Stuart.  “A drug trafficking organization has been dismantled and all of the federal defendants now stand convicted.  Project Parkersburg significantly reduced the availability of meth in Parkersburg and the surrounding area and, no doubt, saved the lives of many, many potential victims. I want to thank the remarkable work of my team including AUSA Josh Hanks and others, as well as the FBI, the Parkersburg Police Department, the Dayton, Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force.  Jobs well done by all.” 

Edmonds, McGuirk, Terry, and Atkinson are being prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force.  The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, along with the seizure of methamphetamine, cocaine, heroin, fentanyl, several firearms, and more than $80,000 cash.

Edmond and McGuirk face 10 years to life, and Terry faces five to forty years in federal prison when they are sentenced on June 10, 2020.  Atkinson faces up to four years in prison when she is sentenced on June 17, 2020.  

United States District Judge Irene C. Berger presided over the plea hearings.  Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.

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BECKLEY, W.Va. – Three men pled guilty today for their participation in a drug trafficking operation in Raleigh County, announced United States Attorney Mike Stuart. Nick Attilli, 38, of Beaver, pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin.  Timmy Lawson, 40, and Timmy Lawson II, 18, a father and son, both of Beckley, also entered guilty pleas to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin.   All three were charged as a result of a long-term investigation known as Operation Shutdown Corner. 

“We owe a debt of gratitude to law enforcement for shutting down this organization that was peddling a significant amount of meth and heroin throughout our southern counties,” said United States Attorney Mike Stuart.  “Taking down large networks of drug traffickers is a top priority of my office.”

Attilli admitted that between June 2018, and September 17, 2019, he worked with other members of a drug trafficking organization (DTO) operating in Raleigh County, West Virginia to distribute methamphetamine and heroin.  Attilli admitted that during this time period he was supplied with methamphetamine and heroin from other members of the drug trafficking organization.  Attilli admitted that during this time period he had telephone conversations that were intercepted by law enforcement.  Attilli admitted that it was clear that these conversations were involving drug activity.  He admitted that at times he was “fronted” with drugs, meaning the drugs were provided without making full payment for them, then he would sell the drugs and with the proceeds, pay back his suppliers.  He admitted to being supplied by several members of the DTO.   Attilli faces a mandatory minimum sentence of five years and up to 40 years in prison and a fine of up to $5,000,000 when he is sentenced on July 6, 2020.

Timmy Lawson admitted that between June 2018 and September 17, 2019, he participated in the drug trafficking organization by working with other members of the DTO 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 re-distribute. 

Timmy Lawson, II, admitted that he too participated in the same drug trafficking network.  He admitted that between June 2018 and September 17, 2019, he participated in the drug trafficking network by distributing more than 50 grams of methamphetamine and a quantity of heroin.  At the 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 re-distributed 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. 

Both of the Lawsons face a mandatory minimum period of five years and up to forty years in prison and a $5,000,000 fine when they are sentenced on July 7, 2020.   

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

Assistant United States Attorney Timothy D. Boggess is in charge of the prosecutions.  The plea hearings were held before United States District Judge Frank W. Volk.

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WVDEP Employee Made Over $61,000 in Fraudulent Purchases with State Credit Card

CHARLESTON, W.Va. – A Fayette County woman was sentenced to over one year of federal incarceration for the felony offense of wire fraud, announced United States Attorney Mike Stuart.  Yvonne Dozier, 50, of  Boomer, West Virginia, previously pled guilty to wire fraud on November 18, 2019.  She was sentenced to one year and one day of incarceration and was also ordered to pay restitution to the West Virginia Department of Environmental Protection  (WVDEP) in the amount of  $61,731.72.  Stuart praised the work of the United States Secret Service, the West Virginia State Auditor’s Office, and the WVDEP. 

“Dozier stole from the State of West Virginia for four years,” said United States Attorney Mike Stuart.  “She was a trusted employee in state government who violated that trust by stealing from taxpayers.  Our goal in prosecuting cases like this is not only to hold the offender accountable, but to make victims whole again through restitution.  In this case, Dozier will be repaying the WVDEP in full for her fraudulent purchases.”

Dozier previously worked for the WVDEP as an accounting tech.  She was assigned a West Virginia state purchasing card and was permitted to make authorized purchases on behalf of the WVDEP.   These cards could not be used to make personal purchases.  Dozier devised a scheme where she used the state purchasing card to make personal purchases and fraudulently wired credit card information.  She then altered invoices and modified the state accounting software to adjust the purchases and make the fraudulent purchases appear as though they were legitimately made.  From 2014 to 2018, Dozier made hundreds of unauthorized purchases, costing the state of West Virginia $61,753.72.  Dozier gave a Mirandized statement to a Special Agent with the United States Secret Service, in which she admitted to misusing the state purchasing card to make personal purchases, alter invoices, and ultimately pass those expenses onto the State of West Virginia.  The fraudulent purchases moved money in interstate commerce both from the actual purchase with the credit card and the State of West Virginia paying her Visa card expenses.  Dozier used her state purchasing card to pay for personal expenses such as electric, insurance, cable, and cell phone bills, and vacation rental homes.  Dozier no longer works for the State of West Virginia. 

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes handled the prosecution. 

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CHARLESTON, W.Va. –  Two men were sentenced to prison for federal gun crimes, announced United States Attorney Mike Stuart.

Djuan Terrell Harris, 32, of Detroit, was sentenced to 41 months in prison.  Harris was previously convicted of being a felon in possession of a firearm by a federal jury after a trial before United States District Judge Robert C. Chambers.  On May 31, 2019, an officer with the Huntington Police Department located Harris walking towards his vehicle near the 1500 block of Madison Ave in Huntington.  Upon investigation, the officer determined that Harris was carrying on his person a loaded Sig Sauer P229 .40 caliber handgun.  Harris had been previously convicted of a felony drug offense out of Wayne County, Michigan.    The Huntington Police Department, the Violent Crime and Drug Task Force West, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.  United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorneys Ryan A. Keefe and Joseph F. Adams handled the prosecution.

Brandon Carter, 34, of Charleston, was sentenced to 30 months in prison for being a felon in possession of a firearm.  Carter previously admitted that on January 12, 2019, at approximately 3:38 a.m., an officer with the Charleston Police Department initiated a traffic stop on a scooter operated by Brandon Carter because it was being operated on the sidewalk at Patrick Street near Fourth Avenue.  The officer recognized Carter from a shooting incident that occurred on October 7, 2018, near Delaware Avenue. The officer knew that Carter is a prohibited person and Carter admitted to having three prior felonies that prohibit him from possessing firearms. Carter told the officer that he was currently out on bond relative to the incident from October 2018. Carter told the officer, prior to a pat-down, that he was in possession of a Kel-Tec .380  firearm.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation.   United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Ryan A. Saunders handled the prosecution.

These cases are 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.

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CHARLESTON, W.Va. – A Charleston woman was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart.  Sheila Daun Jarrett, 43, was sentenced to 72 months in prison and five years of supervised release for possession with intent to distribute five grams or more of methamphetamine. 

“Six years in prison,” said United States Attorney Mike Stuart.  “We are putting meth dealers like Jarrett behind bars for significant terms of imprisonment.”

Jarrett previously admitted that on July 6, 2019, she was driving a vehicle with expired registration on 1st Avenue, in Nitro, West Virginia.  A Nitro police officer noticed the expired registration and initiated a stop.  She stopped the vehicle and attempted to hide the methamphetamine in a natural void in the vehicle’s dashboard.  The officer asked Jarrett if there was any methamphetamine in the vehicle.  She explained that there was a methamphetamine pipe.  Investigators conducted a search of the vehicle and retrieved over 20 grams of methamphetamine and drug paraphernalia.  At the time, she was knowingly and intentionally transporting a quantity of methamphetamine that she intended to distribute. 

The Nitro Police Department conducted the investigation.   United States District Judge Irene C. Berger presided over the hearing.  Assistant United States Attorney  Andrew J. Tessman is handling the prosecution.

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