Southern District of West Virginia

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a federal inmate pled guilty to a weapon charge.  Joshua Allen, 29, pled guilty to being an inmate in possession of a weapon, admitting that on December 7, 2018, while he was an inmate at the Federal Correctional Institution at Beckley, he possessed a handcrafted weapon known as a “shank.”  He admitted that a staff member at the prison recovered the weapon after he tried to discard it.  Allen faces up to five years in prison, consecutive to the sentence he is now serving, when he is sentenced on October 2, 2019.

The case was investigated by the Federal Bureau of Prisons and is being prosecuted by Assistant United States Attorney John File.  United States District Judge Irene C. Berger presided at the plea hearing.

 Defendant fraudulently obtained over $90,000

CHARLESTON, W.Va. – A Mingo County woman was sentenced to six months of federal incarceration for fraudulently obtaining Social Security Income benefits, announced United States Attorney Mike Stuart.  Elizabeth Muncy, 43, of Kermit, Mingo County, West Virginia was further placed on supervised release for three years once she is released from custody.  She was also ordered to pay restitution to the Social Security Administration in the amount of $91,683.  United States Attorney Mike Stuart praised the work of the Social Security Administration-Office of Inspector General and the United States Social Security Administration. 

“Stealing social security benefits is despicable – truly despicable,” said United States Attorney Mike Stuart.  “I have no sympathy whatsoever for anyone ripping off social security and hard-working taxpayers by fraudulently stealing public benefits.  It is truly a despicable, disgraceful act.”

Muncy applied for Title XVI Social Security benefits in 1987.  These Social Security benefits are based on income and living arrangements, and create a duty on the recipient to report a change in income or living arrangements.  In 2008, Muncy indicated that she was married, but claimed she was not residing with her spouse.  In fact, Muncy was residing with her spouse and had been married and living together since 2006. Their combined income would have lowered the amount of money she was receiving every month from the Social Security Administration.  From October 2006 through October 17, 2017, Muncy received $91,683 in Social Security benefits in excess of the amount she was due. On April 18, 2018, Muncy gave a detailed statement to federal investigators with the Office of Inspector General admitting that she was living with her spouse the entire time and knew that she was receiving money that she was not entitled to receive.

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

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CHARLESTON, W.Va. – A Guatemalan national man pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Baltazer Victorino-Tulul-Ajqui, 30, will be sentenced on September 11, 2019.  Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“Two prior removals,” said United States Attorney Mike Stuart.  “We will keep sending line skippers back until they enter the country the right way.”

On May 1, 2019, Tulul-Ajqui  was found in Charleston, Kanawha County, West Virginia by ICE agents who received a tip that he was working illegally in the United States.  ICE agents located Tulul-Ajqui’s residence and arrested him when he confirmed that he was in the United States illegally.  Tulul-Ajqui had no identification documents permitting him legal status in the United States.

Fingerprinting matched Tulul-Ajqui to two prior removals from the United States in 2010 and 2015.  In both cases, Tulul-Ajqui was found by immigration judges to be in the United States illegally and he was deported to Guatemala.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Tulul-Ajqui further admitted to ICE agents that he was a Guatemalan citizen.

 United States District Judge Irene C. Berger presided over the hearing.  Assistant United States Attorney Erik S. Goes is responsible for the prosecution.

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CHARLESTON, W.Va. – A Georgia man was sentenced today to 151 months in federal prison, announced United States Attorney Mike Stuart.  Clifford Allen Angle, 32, previously pled guilty to possession with intent to distribute methamphetamine. 

“151 months.  Over 12 years in federal prison,” said United States Attorney Mike Stuart.  “Drug dealers need to understand, West Virginia isn’t the place to bring your drugs and guns.”  

Angle was arrested on August 1, 2017, in downtown Charleston with a firearm and a quantity of methamphetamine.  Pursuant to his plea agreement, he admitted that he traveled from Georgia with approximately two ounces of methamphetamine to distribute in West Virginia.  He also admitted that he has two prior drug trafficking convictions.

United States District Judge Joseph R. Goodwin imposed the sentence.  In imposing the sentence, Judge Goodwin noted the severity of the sentence and stated it was appropriate based on Angle’s extensive criminal history, and the “remarkably and appallingly” lenient sentences previously imposed upon him in state court.

The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant United States Attorney Steve Loew handled the prosecution. 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that David Reeves, 51, of Beckley, a former substance abuse treatment counselor, was sentenced to 16 months in prison for illegally distributing fentanyl to a substance abuse treatment patient.  Stuart commended the investigative work of the Drug Enforcement Administration.

“Tragic – an employee of a substance abuse treatment center distributing fentanyl to a patient being treated for opioid use disorder,”  said United States Attorney Mike Stuart.

As part of his plea, Reeves admitted that he had an inappropriate relationship with a patient at Charleston Treatment Center (CTC), where he worked as a counselor from 2016 through October 2018. Reeves admitted to giving the patient fentanyl patches he had stolen from his wife’s supply, and at the time he gave the patient the fentanyl, he knew the patient was being treated for opioid use disorder at CTC. The evidence also showed that Reeves sold fentanyl to a different patient of CTC.

United States District Judge Irene C. Berger presided over the case.  Assistant United States Attorney Haley Bunn handled the prosecution.

This prosecution is the result of the formation of the Opioid Fraud Abuse and Detection Unit (OFADU), a Department of Justice initiative that uses data to identify and prosecute individuals that are contributors to the national opioid crisis.  The Southern District of West Virginia is one of 12 districts nationally to participate in the pilot program. 

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HUNTINGTON, W.Va. – A Barboursville man caught selling heroin in January 2018 was sentenced today to 90 days home confinement and five years of probation for his role in a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Silas Pardue, 34, previously pled guilty to an indictment charging him with conspiracy to distribute heroin.

“The sun has set on Operation Saigon Sunset, but it is rising in Huntington.  The future is incredibly bright for the greater Huntington area,” said United States Attorney Mike Stuart.   “All 15 defendants charged for their involvement in the Peterson drug trafficking organization have now been sentenced.   The sentences imposed in this case range from 97 months in prison to Pardue’s sentence of 90 days of home confinement.   We are tough on drug dealers that peddle poisons in our communities, but we always hope that more of our defendants take the path that Pardue has chosen to  take -- the path of recovery and finding honest employment.”

Pardue admitted that between August 2017 and April 2018 he conspired with individuals to distribute heroin in Huntington, West Virginia.  As part of the plea agreement, Pardue admitted that Manget Peterson, also known as “Money,” supplied him with heroin to use or to sell.  Pardue admitted to selling heroin to a male in January 2018 at the WalMart on Route 60 in Huntington.   Pardue admitted to being a “runner” for Manget Peterson.

This investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.   United States District Judge Robert C. Chambers imposed the sentence.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

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HUNTINGTON, W.Va. – A Huntington man was sentenced to 15 months in prison on a federal drug charge, announced United States Attorney Mike Stuart. Ralph Wray, 36, previously pled guilty to an indictment charging him with possession with the intent to distribute methamphetamine.

“Another meth dealer locked up,” said United States Attorney Mike Stuart.  “Every week we send more meth dealers to federal prison.”

Wray admitted that on July 23, 2018, he purchased methamphetamine at a home on Oakland Avenue in Huntington.  He left the home and an officer with Huntington Police Department saw what appeared to be baggies of methamphetamine hanging from his belt.   The officer approached Wray and Wray admitted the baggies contained methamphetamine.  The baggies contained approximately 33 grams of methamphetamine.

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.

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CHARLESTON, W.VA. – A  Charleston man pled guilty to federal drug and gun crimes, announced United States Attorney Mike Stuart.  Jackie Harper, 27, pled guilty to distributing over 170 grams of methamphetamine and being a felon in possession of a firearm.  The investigation was conducted by the Metropolitan Drug Enforcement Network Team (MDENT), the Kanawha County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  

“An all too common occurrence – a felon with a gun.  Dealing meth,” said United States Attorney Mike Stuart.  “And another common occurrence – we convict those drug dealing felons with guns.”

Harper admitted that he sold methamphetamine to a confidential informant working for MDENT on four separate occasions in August and September 2018.  Upon execution of a search warrant on September 19, 2018, law enforcement officers also found a firearm on Harper.  Harper is prohibited from having a firearm due to his prior conviction for malicious assault in the Circuit Court of Kanawha County

Harper faces up to 20 years in prison when he is sentenced on August 21, 2019.

United States District Joseph R. Goodwin presided over the plea hearing.  Assistant United States Attorney Chris Arthur is handling the prosecution. 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Theodore Gibson, 35, of Parkersburg, was sentenced to 60 months in prison for conspiracy to distribute 50 grams or more of methamphetamine.  Gibson was 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, the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin, and 290 grams of fentanyl.

“This investigation resulted in the largest meth bust -- to date -- in West Virginia and Ohio history,” said United States Attorney Mike Stuart.  “Breaking up this DTO and locking up these drug dealers has no doubt saved a number of lives.”

United States District Judge Irene C. Berger imposed the sentence.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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CHARLESTON, W.VA. -- A Charleston woman was sentenced today for her role in distributing methamphetamine and conspiring to distribute at least 50 grams of methamphetamine. Juanita Carrie Haynes, 54, was sentenced to 108 months, or nine years, in prison.  Haynes was one of several defendants arrested in November of 2018, after a long-term investigation into a drug-trafficking organization on the West Side of Charleston. 

“9 years. Haynes will be serving 9 years in federal prison,” said United States Attorney Mike Stuart.  “As I said in November when the Project Charleston arrests were made, if you are dealing drugs or causing trouble on Charleston’s West Side, we will arrest you and, if convicted, incarcerate you for as long as possible.”

In February 2019, Haynes was found guilty by a federal jury.   The jury found that Haynes distributed about 3.5 grams of methamphetamine to a confidential informant on June 18, 2018. The jury also found that Haynes conspired with others including her son, Edwin Shaffer, to distribute over 50 grams of methamphetamine. The conviction was based in part on trial testimony that detailed the extent of Haynes’ methamphetamine sales, most of which occurred in a trailer she shared with Shaffer and the recovery over 150 grams of methamphetamine that was intended for distribution at the residence she and Shaffer shared in July 2018.

Edwin Shaffer entered a guilty plea for his role in the conspiracy. His sentencing is scheduled for June 13, 2019.

The Metropolitan Drug Enforcement Network Team handled the investigation. Assistant United States Attorney Monica D. Coleman was in charge of the prosecution.  Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.

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CHARLESTON, W.Va. – A Fayette County woman who sold heroin and fentanyl to an informant and possessed heroin, fentanyl, and methamphetamine pled guilty to a federal drug charge, announced United States Attorney Mike Stuart.  Jessica Lynn Hall, 29, of Fayetteville, entered a guilty plea to possession with intent to distribute 50 grams or more of methamphetamine and quantities of heroin and fentanyl.  Stuart commended the investigative efforts of the Central West Virginia Drug Task Force (CWVDTF).  

“Meth. Heroin. Fentanyl and guns.  All powerful and deadly,” said United States Attorney Mike Stuart.  “Great work by the Central West Virginia Drug Task Force in putting an end to Hall’s drug dealing.”

In January 2019, Hall sold heroin and fentanyl to an informant on three occasions at her Deepwater Mountain Road residence in Fayetteville.  On January 15, 2019, members of the CWVDTF executed a search warrant at the residence and seized 446 grams of methamphetamine, 89.59 grams of heroin, 90.82 grams of fentanyl, and three handguns.  Hall’s boyfriend, Jason Treadway, 38, was also charged with distribution of heroin and possession with intent to distribute methamphetamine, heroin, and fentanyl.  His trial is scheduled for July 22, 2019.  Hall faces 5 to 40 years in federal prison when she is sentenced on September 11, 2019.

Assistant United States Attorney Joshua C. Hanks is handling the prosecution.  United States District Judge Irene C. Berger presided over the plea hearing. 

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CHARLESTON, W.Va. –  A Clay County woman was sentenced for embezzling federal FEMA disaster benefits, announced United States Attorney Mike Stuart.  Pamela Taylor, 57, was sentenced to 10 months in prison, 2 months of home confinement, and a $10,000 fine for making multiple false statements to FEMA and causing the agency to provide her with over $18,000 in fraudulent, undeserved benefits.  Taylor has already paid $18,149.04 in restitution.  Stuart commended the investigative efforts of the United States Department of Homeland Security – Office of Inspector General (DHS-OIG) and the West Virginia Commission on Special Investigations. 

“There’s no such thing as a little bit of FEMA fraud. Taylor’s fraudulent scheme took FEMA dollars away from those who needed it the most,” said United States Attorney Mike Stuart.  “Federal disaster benefits are critical to rebuilding infrastructure, homes and lives – not for lining the pockets of individuals who suffered no loss.  As I stated earlier this month, you can rest assured that my office is working with appropriate federal agencies to investigate the issues of disaster relief, and the use of federal funds related to the historic 2016 floods.  Any party that abused their position of authority, violated the public trust, or misused taxpayer dollars will be held accountable.”     

“Defrauding federal programs is always an egregious act.  Disaster relief fraud is even more serious because of the limited nature of the funds intended to assist Americans in their time of greatest need,” said Special Agent in Charge Mark Tasky of  DHS-OIG.  “DHS-OIG is pleased to have worked this investigation jointly with the West Virginia Commission on Special Investigations and the United States Attorney’s Office for the Southern District of West Virginia to show the good people of West Virginia that justice has been served upon Taylor, who knowingly and willfully disregarded federal laws to personally enrich herself at a time when many people affected by this disaster were just trying to survive.”

Taylor admitted that she falsely registered for Federal Emergency Management Agency (FEMA) disaster benefits after the June 2016 flood in Clay County, West Virginia.  Taylor claimed that her primary residence was damaged by the flood and that she was staying in a rental unit after the flood.  In fact, her primary residence was undamaged, and she still resided there.  Due to her false statements, she received more than $18,000 in FEMA benefits to which she was not entitled.

United States District Court Judge the Honorable Irene C. Berger presided over the sentencing hearing.  Former Assistant United States Attorney Meredith George Thomas and Assistant United States Attorneys Philip Wright and Stefan Hasselblad handled the prosecution.

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that three men appeared in federal court before United States District Judge Irene Berger in Beckley. 

“Seven. Seven prior removals between them. Seven is not a lucky number in this case,” said United States Attorney Mike Stuart.  “We are a welcoming nation to legal immigrants but no one likes a line skipper – not in traffic, not at Disney World, and not the immigration line.  If you break the laws on coming to the United States, you cannot stay.  We continue to work closely with ICE and our state and local partners to identify and remove those in the United States illegally.”

Luis Figueroa-Zuniga, 44, a Honduran national, and Samuel Hernandez-Hernandez, 31, a Mexican national, received sentences of “credit for time served.”  They both were immediately remanded to the custody of the Department of Homeland Security for removal proceedings.  They previously entered guilty pleas to the felony offenses of Reentry of a Removed Alien on March 28, 2019, and have been in federal custody throughout the proceedings.  The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE). 

On February 1, 2019, Figueroa-Zuniga was found in Ronceverte, Greenbrier County, West Virginia.  Federal agents with Immigrations and Customs Enforcement (ICE) had received a tip that he was working illegally at a restaurant.  ICE agents investigated and located Figueroa-Zuniga leaving his residence to travel to the restaurant. ICE agents requested identification from him.  Figueroa-Zuniga immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status.  ICE agents took Figueroa-Zuniga into federal custody. Fingerprinting matched Figueroa-Zuniga to a prior removal from the United States in 2005.   Figueroa-Zuniga was found by immigration judges to be in the United States illegally and was deported to Honduras.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Figueroa-Zuniga further admitted to ICE agents that he was a Honduran citizen.

On January 22, 2019, Hernandez-Hernandez was found in Beaver, Raleigh County, West Virginia.  Federal agents with ICE had received information that Hernandez-Hernandez was incarcerated in the prison facility and was not a United States citizen.  Agents confirmed this information and they lodged a detainer against him.  ICE agents further confirmed Hernandez-Hernandez was not in the country legally  by speaking with him telephonically.  Hernandez-Hernandez immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status.  Fingerprinting matched Hernandez-Hernandez to two prior removals from the United States in 2015 and 2016.   Hernandez-Hernandez was found by immigration judges to be in the United States illegally and was deported to Mexico.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Hernandez-Hernandez further admitted to ICE agents that he was a Mexican citizen.

Juan Carlos Reyes-Molina, 23, a Honduran man, entered a guilty plea to the felony offense of Reentry of a Removed Alien.  He faces up to two years of incarceration when he is sentenced on September 12, 2019. 

On March 9, 2019,  a West Virginia State Police Trooper saw a car that was stopped at Mile Marker 52 on the West Virginia Turnpike outside of Beckley, Raleigh County, West Virginia.  Three men were standing outside a car with its emergency blinkers on.  When the Trooper pulled in, the men ran to the car and began to drive away.  The Trooper asked the driver what was happening and for a driver’s license.  The driver could not communicate with the Trooper due to a language barrier and did not have a driver’s license.  The Trooper contacted a translator service provided by ICE to assist.  The driver and two other individuals spoke with ICE agents telephonically and all three were found to be in the United States illegally. All three men were taken into custody and fingerprinted.  Reyes, one of the three men, was found to be a prior reentry case.  Specifically, his prints matched four prior removals from Arizona and California in 2017 and 2018.  Reyes admitted to ICE agents that he was in the United States illegally and had not obtained permission to legally enter the United States.  He had not otherwise sought legal status or citizenship. Reyes further admitted to ICE agents that he was a Honduran citizen.

The investigation was conducted by the U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police.  Assistant United States Attorney Erik S. Goes is responsible for the prosecutions.  

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CHARLESTON, W.Va. – A Jackson County man pled guilty to federal gun crimes, announced United States Attorney Mike Stuart.  Robert Logan Gorman, 28, pled guilty to being a drug user in possession of a firearm and to illegally possessing a firearm silencer.

“Drugs users and guns – a bad combination,” said United States Attorney Mike Stuart.  “Those who violate our gun laws will face prison time.  Federal gun laws carry stiff penalties.”

At the plea hearing, Gorman admitted that he is an unlawful user of and addicted to methamphetamine.  He admitted that he possessed a firearm and firearm silencer on October 6, 2018, near Ravenswood.

He faces up to 20 years in prison and a $500,000 fine when he is sentenced on August 21, 2019.

The investigation was conducted by the Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant United States Attorney Steve Loew is handling the prosecution.  United States District Judge Joseph R. Goodwin presided over the plea hearing. 

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.

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CHARLESTON, W.Va. -- A Charleston man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Tijuan Tyson, 30, entered his guilty plea to possession of a firearm by a prohibited person. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Charleston Police Department.

Tyson admitted that on October 19, 2015, he was approached by officers because he looked similar to a suspect involved in a robbery. He appeared nervous, had his hands in his pocket, and dropped a bag of suspected marijuana on the ground prior to taking off on foot. He was apprehended and during a search incident to arrest, officers located the loaded and operable Arsenal CO, 9 mm caliber pistol, which was listed as stolen, in his pocket.

Tyson is prohibited from possessing firearms because he has been convicted of the felony of  use of an access device with the intent to defraud.

Tyson faces up to ten years in federal prison when he is sentenced in August 2019.  United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.

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

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CHARLESTON, W.Va. – A Jackson County man was sentenced to eight years in federal prison for a child pornography crime, announced United States Attorney Mike Stuart. Connor Anthony Putillion, 23, of Ripley, previously entered his guilty plea in January 2019 to one count of attempted receipt of child pornography.  Stuart commended the investigation conducted by the Jackson County Sheriff’s Department.

“These are horrendous crimes,” said United States Attorney Mike Stuart.  “Guys like Putillion that prey on innocent children need to be locked up.”

Putillion admitted to asking a 13-year-old minor to send him sexually explicit photographs via Snapchat, although the minor never complied with his repeated requests.  Putillion admitted that he had previously driven the same 13-year-old minor from West Virginia to Virginia, where he groped her genital area over her clothing. Putillion had at least one other video of suspected child pornography on this cell phone.

Following his release from prison, Putillion will spend 25 years on federal supervised release.  He will also be required to register as a sex offender.

Assistant United States Attorneys Jennifer Rada Herrald and Emily Wasserman handled the prosecution. United States District Judge Joseph R. Goodwin handed down today’s sentence.

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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CHARLESTON, W.Va. – A Charleston man was sentenced on federal firearms charge, said United States Attorney Mike Stuart.  Michael D. Williams, 50, was sentenced to 72 months in prison for being a felon in possession of a firearm and violating the terms of his supervised release.  The investigation was conducted by the Charleston Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Williams previously pled guilty to being a felon in possession of a firearm.  On October 13, 2018, Williams got in an altercation at the Transit Mall in downtown Charleston and pulled a firearm on an individual.  An officer from the Charleston Police Department witnessed the altercation and arrested Williams.  Williams was on supervised release for a prior federal conviction for conspiracy to commit arson. 

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.  Assistant United States Attorney Steve Loew handled the prosecution.

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

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CHARLESTON, W.Va. – A Charleston man pled guilty to a federal drug and firearm charges, announced United States Attorney Mike Stuart.  Randall Lee Patton, 26, pled guilty to aiding and abetting the distribution of methamphetamine and possession of a firearm by a felon before Senior United States District Judge John T. Copenhaver, Jr.  Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), Nitro Police Department, Charleston Police Department, South Charleston Police Department, Kanawha County Sheriff’s Department, and the Drug Enforcement Administration (DEA).

“These cases just keep coming – felons with guns dealing drugs,” said United States Attorney Mike Stuart.  “And we just keep prosecuting them to keep our communities safe.”

At public court hearings, it was established that on August 2, 2018, Christian Ryan Bowles brought over a pound of pure methamphetamine to Patton’s house on Garrison Avenue in Charleston.  Bowles supplied Patton with 34 grams of Bowles’ methamphetamine.  Patton then had his neighbor, George Ray Breckenridge, transport the 34 grams of methamphetamine to a confidential police informant in Dunbar, West Virginia.

Further, on January 12, 2019, police investigators executed a search warrant at an apartment where Patton was staying on South Pinch Road in Pinch, West Virginia.  The investigators found Patton exiting his room where a Kel-Tech pistol was lying on the nightstand.  Patton was prohibited from possessing firearms because of his prior felony conviction for unlawful wounding.  Patton was arrested and searched incident to arrest, and investigators found he was carrying over 4 grams of methamphetamine for resale.

Patton faces up to 50 years in federal prison when he is sentenced on August 21, 2019.  Assistant United States Attorney Drew O. Inman is handling the prosecution.

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

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CHARLESTON, W.Va. – A South Charleston man has been sentenced on federal drug and gun charges, announced United States Attorney Mike Stuart.  James Michael Hill, 50, was sentenced to eight years in federal prison on three counts of distribution of marijuana and one count of possession of a firearm by a prohibited person.  Hill was previously convicted in federal court in April of 2001 for distribution of a cocaine base.  Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT). 

“Another felon. More drugs, more guns,” said United States Attorney Mike Stuart.  “Hill is a repeat offender. Eighteen years later and he’s selling drugs again -- and he’s going back to federal prison.”

Hill admitted that on April 30, 2018, he sold marijuana to a confidential informant.  He also admitted to having an associate of his sell marijuana to a confidential informant on May 7 and May 9, 2018.  Based on those sales and a subsequent search warrant, MDENT detectives were able to seize over 10 kilograms of marijuana, over 600 grams of methamphetamine, $34,904 in U.S. currency, two luxury vehicles, and five firearms belonging to Hill.  Hill agreed that the money, vehicles, and firearms were tied to his drug operation and proceeds.    

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.  Assistant United States Attorney L. Alexander Hamner handled the prosecution.

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CHARLESTON, W.Va. – A Wood County man who possessed firearms after being involuntarily committed to a mental hospital pled guilty to a federal gun charge, announced United States Attorney Mike Stuart.  Benjamin Lee Parsons, 31, of Mineral Wells, entered a guilty plea to illegal possession of a firearm.  Stuart commended the investigative efforts of the Wood County Sheriff’s Department, the Parkersburg Narcotics and Violent Crimes Task Force (PNTF), the Federal Bureau of Investigation (FBI), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  

“Excellent work by law enforcement,” said United States Attorney Mike Stuart.  “These guns were definitely in the wrong hands.”

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

Parsons was prohibited from possessing the firearms and ammunition as a result of having been involuntarily committed to a mental hospital in February 2017 by Wood County Circuit Judge Jason Wharton.  Parsons faces up to 10 years in federal prison when he is sentenced on August 27, 2019. 

Assistant United States Attorney Joshua C. Hanks is handling the prosecution.  Senior United States District David A. Faber presided over the plea hearing. 

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.

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CHARLESTON, W.Va. – A Mexican national man was sentenced for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Manuel Ortiz-Sanchez, 44, received a “time-served” sentence and was immediately remanded to ICE agents for administrative deportation proceedings.    Ortiz-Sanchez has been in custody since January 16, 2019, over four months of federal incarceration.  Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police.

“Two prior removals,” said United States Attorney Mike Stuart.  “Individuals like Ortiz-Sanchez that want to come to the United States must obtain permission or seek legal status or citizenship.”

On January 16, 2019, Ortiz-Sanchez  was found in Chelyan, Kanawha County, West Virginia.  West Virginia troopers had stopped a car for failure to maintain control on the West Virginia Turnpike.  The driver offered a Mexican Consular notification document and the passengers, including Ortiz-Sanchez, did not have drivers licenses or other identification.  The State Police contacted ICE, who spoke to the individuals telephonically in Spanish.  Ortiz-Sanchez admitted being in the United States illegally.  Federal agents with ICE responded to the scene and took Ortiz-Sanchez into custody.  Ortiz-Sanchez immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status in the United States.

Fingerprinting matched Ortiz-Sanchez  to two prior removals from the United States in 2015.  In both cases, Ortiz-Sanchez was found by immigration judges to be in the United States illegally and he was deported to Mexico. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Ortiz-Sanchez further admitted to ICE agents that he was a Mexican citizen.

Senior United States District Judge David Faber presided over the hearing. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.  

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CHARLESTON, W.Va. – An administrator for a company that received a state grant for a recovery housing program was sentenced today for committing mail fraud relating to falsifying grant reimbursement requests to the State of West Virginia, announced United States Attorney Mike Stuart.  David Stevens, 57, was sentenced to 6 months in prison and 6 months of home confinement, and was ordered to pay more than $137,000 in restitution for his role in defrauding the State of West Virginia of grant funds designated for a planned recovery housing program in Mount Hope, West Virginia.  Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Federal Bureau of Investigation. 

“Defrauding West Virginia means defrauding West Virginia taxpayers,” said United States Attorney Mike Stuart.  “Stevens received public funds for a substance use treatment program.  Our state has suffered greatly as a result of the opioid epidemic.  Treatment and recovery dollars are critical to insure West Virginians with substance use disorder can get much needed services and support.  As always, we will hold accountable those who misuse or misappropriate taxpayer dollars.” 

Stevens started Open Minds Recovery Services, Inc. (“Open Minds”) in early 2016 and then received a $501,500 reimbursement-based grant from the State of West Virginia for a recovery housing program that was supposed to work with adult males in need of substance use treatment and mental health care. Stevens knew the grant required Open Minds to seek reimbursement for already-expended, allowable grant costs.  However, in July 2016, Stevens begin requesting reimbursement from the West Virginia Department of Justice and Community Services for funds that Open Minds had not actually expended. Instead of using all state grant funds on the Open Minds project, Stevens admitted that he spent some funds on himself and his own companies.

Former Assistant United States Attorney Meredith George Thomas and Assistant United States Attorney Stefan Hasselblad handled the prosecution.  Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.

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HUNTINGTON, W.Va. – A Michigan man caught with heroin in August 2017 was sentenced today to 18 months for his role in a federal drug conspiracy, announced United States Attorney Mike Stuart. Nyanzangusa Baldwin, also known as “Botch,” 45, previously pled guilty to an indictment charging him with conspiracy to distribute heroin.

“Another Saigon Sunset and Detroit drug dealer behind bars,” said United States Attorney Mike Stuart.  “I’ve said from day one that tough is how we’re going to treat drug dealers.  And tough we are. All defendants charged last year as part of the Peterson drug trafficking organization have been convicted.”

Baldwin had admitted Manget Peterson asked him to come to Huntington in August 2017 to distribute heroin.  He admitted that he distributed heroin from the Ramada Inn Motel in Huntington, West Virginia in August 2017.  Officers executed a search warrant on the motel room and seized approximately 35 grams of heroin.   

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

This investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.  

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HUNTINGTON, W.Va. – A Kentucky man was sentenced today to spend 46 months in prison for traveling in interstate commerce in order to engage in illicit sexual activity with a minor, announced United States Attorney Mike Stuart.  Upon his release from prison, Caudill will be required to serve a 15 year term of supervised release. He will also be required to register as a sex offender.

“As we announced last month, federal, state and local law enforcement resources are working collaboratively throughout West Virginia and across state lines to identify and prosecute child predators,” said United States Attorney Mike Stuart.  “We are committed to doing everything possible to protect our children.”   

Richard Gerald Caudill, Jr., 46, of Catlettsburg, Kentucky, previously admitted that during August 2018 he communicated via the cell phone messaging app Kik with a minor he believed to be a 14-year-old girl from the Ashland, Kentucky area. During the conversations, Caudill attempted to persuade and entice the minor to meet him in order to engage in sexual intercourse. On August 28, 2018, Caudill traveled from his home in Kentucky to a location in Kenova, Wayne County, West Virginia, in order to have sex with the minor. Only then did Caudill discover that the minor was actually an undercover law enforcement officer.

The investigation was conducted by the West Virginia State Police Internet Crimes Against Children Task Force, the FBI Violent Crimes Against Children Task Force, and the Ashland Police Department. First Assistant United States Attorney Lisa Johnston and Assistant United States Attorney Jennifer Rada Herrald handled the prosecution. The sentence was handed down by United States District Judge Robert C. Chambers.

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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Defendant stole 16 pieces of mail and White House Christmas ornaments

CHARLESTON, W.Va. –  A Charleston man entered a guilty plea to the felony offense of stealing mail from a Post Office, announced United States Attorney Mike Stuart.  Joshua Hanshaw, 37, faces up to 5 years of incarceration and a $250,000 fine when he is sentenced on August 15, 2019.  He will also be required to pay restitution back to the United States Treasury and any mail theft victims.  Stuart praised the work of the United States Postal Inspection Service and the Charleston Police Department.  

“Theft of mail is a serious offense,” said United States Attorney Mike Stuart.  “All too often, there is an uptick in mail theft around holidays.  We will prosecute “Grinches” like Hanshaw no matter what time of year they commit their criminal act.”

On December 27, 2017, Hanshaw went to the Main Charleston Post Office on Lee Street in downtown Charleston, West Virginia after regular business hours.  He was able to lift open a metal security screen that covered a teller window.  Hanshaw then crawled over the counter and through the gap to the area where mail is sorted.  Once there, Hanshaw took a number of pieces of mail.  He also took seven 2017 White House Christmas ornaments that the post-office sells.  Hanshaw left the post-office with the mail and ornaments in a plastic bin.  He riffled the mail and discarded much of it around the post-office and behind a nativity scene at St. Mark’s United Methodist Church.  In total, Hanshaw took 16 pieces of mail, five packages, and seven official 2017 White House Christmas ornaments.

Police had access to security videos where Hanshaw was observed  taking the mail and the ornaments.  He was also observed opening the metal screen and crawling through the opening.  The Charleston Police Department and United States Postal Inspection Service were able to identify Hanshaw and he was arrested.  Hanshaw agreed to speak with investigators after they advised him of his Miranda rights.  He told investigators that he opened the window and went  into the post-office, stealing mail and the Christmas ornaments.

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

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HUNTINGTON, W.Va. – A Huntington man who was caught with methamphetamine and a gun in Huntington in 2018 pled guilty today to federal charges, announced United States Attorney Mike Stuart.  Brandon Douglas Tomblin, 35, entered guilty pleas in federal court in Huntington to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.  Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  

“Strong partnerships have led to dramatic decreases in violent crime in Huntington,” said United State Attorney Mike Stuart.  “We are prosecuting record numbers of drug and gun defendants like Tomblin.”

On July 29, 2018, an officer with the Huntington Police Department was on patrol along 15th Street in Huntington when he initiated a traffic stop on a vehicle driven by Tomblin for nearly hitting a parked car.  Subsequent to Tomblin’s arrest, the officer located approximately 22 grams of a white crystal like substance believed to be methamphetamine.  On August 4, 2018, an officer with the Huntington Police Department responded to 401 Bridge Street in Huntington for report of a suspicious person.  The officer detained the individual who was identified as Tomblin, at which time the officer observed a gun nearby, specifically a .357 Sig Sauer pistol.  The officer also located drugs on Tomblin’s person in an amount consistent with drug trafficking. 

Tomblin faces up to 20 years in federal prison when he is sentenced on August 19, 2019. 

Assistant United States Attorney Ryan A. Keefe is handling the prosecution.  United States District Judge Robert C. Chambers presided over the plea hearing. 

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.

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Raleigh County man was sentenced on federal drug and gun charges.  Adam Pauley, 34, of Sophia,  was sentenced to 84 months in prison for possession with intent to distribute methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime. 

“Meth and guns,” said United States Attorney Mike Stuart.   “An all too common occurrence.  Meth-involved overdose deaths have increased dramatically in West Virginia.  We’re working closely with law enforcement to put meth dealers behind bars.”

Pauley pled guilty on January 25, 2019, admitting that on June 13, 2018, near Sam Black Church in Greenbrier County, he possessed a quantity of methamphetamine which he intended to distribute, along with a .380 caliber pistol which he was carrying to protect the methamphetamine and himself.  A West Virginia State Trooper stopped the vehicle which Pauley was driving and found the drugs and the firearm. 

The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force and the West Virginia State Police.  Assistant United States Attorney John File handled the prosecution.  United States District Judge Irene C. Berge presided at the plea hearing.

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BECKLEY, W.Va. –  A Honduran man pled guilty to immigration crime, announced United States Attorney Mike Stuart.   Elmer Hernandez, 30, entered a guilty plea to the felony offense of Reentry of a Removed Alien.  He faces up to two years of incarceration when he is sentenced on August 22, 2019.  Stuart commended the work of U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police. 

“Even here in West Virginia, illegal immigration is a serious issue,” said United States Attorney Mike Stuart.  “Every week we prosecute more and more illegal reentry cases. The crisis at the border is a crisis we feel here in West Virginia. ICE is doing a terrific job as are our other law enforcement partners that work so hard to keep our communities safe.”

On March 9, 2019,  a West Virginia State Police Trooper saw a car that was stopped at Mile Marker 52 on the West Virginia Turnpike outside of Beckley, Raleigh County, West Virginia.  Three men were standing outside a car with its emergency blinkers on.  When the Trooper pulled in, the men ran to the car and began to drive away.  The Trooper asked the driver what was happening and for a driver’s license.  The driver could not communicate with the Trooper due to a language barrier and did not have a driver’s license.  The Trooper contacted a translator service provided by ICE to assist.  The driver and two other individuals spoke with ICE agents telephonically and all three were found to be in the United States illegally. All three men were taken into custody and fingerprinted.  Hernandez, one of the three men, was found to be a prior reentry.  Specifically, his prints matched a prior removal from Pennsylvania in 2015.  Hernandez admitted to ICE agents that he was in the United States illegally and had not obtained permission to legally enter the United States.  He had not otherwise sought legal status or citizenship. Hernandez further admitted to ICE agents that he was a Honduran citizen.

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.  

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BECKLEY, W.Va. – United States Attorney Mike Stuart announced that Mellissa Krystynak, 49, of St. Lucie, Florida, was sentenced to six months in prison for a mail fraud scheme she executed while employed as a counselor at Greenbrier West High School, in Charmco, Greenbrier County, West Virginia.  She was also ordered to pay $13,750 in restitution to the victim scholarship organizations, and she was fined an additional $5,000.

“A college admission scandal right here in West Virginia.  Hiking a daughter’s grades and changing a daughter’s boyfriend’s grades are both new ones on me.  Although every parent with a teenager appreciates the fantasy, you just can’t do it even if you want to,” said United States Attorney Mike Stuart.  “Krystynak abused her position of authority to inflate her daughter’s grades and, adding even more harm, to use those fake grades to obtain college scholarships.  Everyone deserves a level playing field.”

Krystynak was a school counselor at Greenbrier West from 2011 until 2017. While she was employed there, two of her children attended the school.  Krystynak used her position as a counselor to gain access to the school’s computerized grading programs to inflate at least thirty-four of her oldest daughter’s grades.  Her daughter then used the inflated grades to apply for and receive over ten different college scholarships with a potential benefit of over $20,000.  These scholarships were based on applications containing the fraudulent grades and transcripts.  Krystynak also changed one of the grades of her younger daughter’s boyfriend from a course he withdrew from and received no grade to an “A.”

United States District Judge Irene Berger imposed the sentence.  Former Assistant United States Attorney Gabriel Wohl and Assistant United States Attorney Steve Loew handled the prosecution.  The investigation was conducted by the United States Department of Education, Office of Inspector General.

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CHARLESTON, W.Va. — United States Attorney Mike Stuart recognized the service and sacrifice of federal, state, and local police officers yesterday at the annual memorial ceremony hosted by the Huntington Police Department and the Fraternal Order of Police (FOP) Gold Star Lodge 65.

In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice, which is being observed this year from Sunday, May 12 to Saturday, May 18, 2019.  During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.

Last year, 158 law enforcement officers lost their lives in the line of duty.  That is 158 too many.   On May 13, 2019, Attorney General William Barr honored the men and women of law enforcement and their families at the National Law Enforcement Officers Memorial Fund Candlelight Vigil.  The names of all fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil. The Candlelight Vigil is one of many commemorative events that take place in the nation’s capital during National Police Week 2019.

“Thank you.  Thank you for all you do every single day to keep us safe,” said United States Attorney Mike Stuart.  “Since becoming United States Attorney, with every passing day I become more and more appreciative of the work performed by federal, state, and local law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks.  The brave men and women in law enforcement work tirelessly to protect our families and our communities, and most often do so without commensurate pay.  That is why I was extremely honored to be the guest speaker at Huntington’s annual law enforcement officers memorial service to remind our first responders that they have my unwavering support and appreciation. I will always back the blue.”

For more information about other National Police Week events, please visit www.policeweek.org.

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CHARLESTON, W.Va. – A former corrections officer at the South Central Regional Jail, John Edward Roach II, age 47, of Charleston, has been charged with a federal drug trafficking crime, announced United States Attorney Mike Stuart.  The charge is contained in a federal indictment that was unsealed today following Roach’s arrest.  The indictment alleges that on or about April 11, 2019, Roach possessed with intent to distribute 50 grams or more of a methamphetamine mixture.

“This allegation is very serious,” said United States Attorney Mike Stuart.  “The allegation that a corrections officer was dealing methamphetamine in a correctional facility is extremely troubling and led to this indictment.  We expect every correctional officer to uphold the rule of law unlike the inmates for which they stand guard.”

According to public court filings and other documents, Roach received $2,000 as payment to use his position as a corrections officer to smuggle around four ounces of methamphetamine into the South Central Regional Jail.  Before Roach could transport the methamphetamine to the jail, police investigators arrested him.

Assistant United States Attorney Drew O. Inman is handling the prosecution.  The Drug Enforcement Administration (DEA), the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the St. Albans Police Department, and the Boone County Sheriff’s Office conducted the investigation.

If convicted of the charge contained in the indictment, Roach faces a possible maximum sentence of 40 years in prison. 

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

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CHARLESTON, W.Va. – A Parkersburg woman pled guilty to aggravated identity theft in connection with illegally obtaining a firearm, announced United States Attorney Mike Stuart.  Erica Nicole Blake, 36, entered her guilty plea before Senior United States District Judge John T. Copenhaver, Jr.  Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Blake knows she is prohibited from purchasing or possessing a gun due to her previous felony conviction,” said United States Attorney Mike Stuart.  “So she tried to pass off as someone else.  We prosecute those who lie to buy firearms.”

On November 10, 2017, Blake used a West Virginia driver’s license belonging to another person as a means of photo identification during the purchase of a KAHR Arms .45 caliber semiautomatic pistol from a licensed firearms dealer in Parkersburg.  Blake used the stolen identification in order to fraudulently pass the background check.  Blake was prohibited from purchasing or possessing a firearm as a result of having been convicted of felony forgery and uttering in 2012. 

On December 6, 2017, approximately three weeks after Blake purchased the pistol, a Parkersburg Police Officer recovered it from Mark Matthew Smith during a traffic stop on Wood Street.  Blake was driving the vehicle, and Smith was a passenger.  An officer located the pistol in the floorboard where Smith was sitting.  Smith was wearing a concealed carry holster for the pistol.  Smith has felony convictions of forgery and uttering as well as grand larceny.  He has been charged with being a felon in possession of a firearm and is set for trial on June 25, 2019.

Blake faces a mandatory sentence of 2 years in federal prison when she is sentenced on August 14, 2019.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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

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WASHINGTON – The Department of Justice today announced that it reached an agreement with the State of West Virginia to resolve its conclusion that there is reasonable cause to believe the State violates the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. Under the agreement, West Virginia will expand and improve in-home and community-based mental health services throughout the State to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. In addition, West Virginia will develop a plan to eliminate the unnecessary use of residential mental treatment facilities for children whom the State could serve in the community. 

“This settlement will ensure that children are no longer unnecessarily institutionalized in residential treatment facilities far from family and friends,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We commend the State for its willingness to make changes to better serve children with mental health needs in the community.” 

“This is a substantial, landmark agreement. It has been a long time coming and its impact will be felt for generations to come,” said Mike Stuart, United States Attorney for the Southern District of West Virginia. “When I became United States Attorney, this matter had suffered with no agreement for more than four years. A settlement looked unlikely and, at times, near impossible. Today’s agreement reflects a genuine, shared commitment to children and families by the Department of Justice and the State of West Virginia, as well as a spirit of good faith and mutual respect between myself and Secretary Crouch. Let there be no doubt, the real winners here today are West Virginia’s children and families.”

“Children need and deserve stability, and staying at home while receiving treatment offers that and so much more,” said Bill Powell, U.S. Attorney for the Northern District of West Virginia. “This issue is vitally important to the families in our district and our great state. This agreement will keep families closer and we are gratified that the State will be taking significant steps to improve the current situation. Our children are some of our most vulnerable citizens and this agreement is a step in the right direction for them and their families.”

Additional information about the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Those interested in finding out more about the ADA may visit www.ada.gov. 

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NOTE: Settlement Agreement: https://www.justice.gov/archives/opa/press-release/file/1162536/. Fact Sheet: https://www.justice.gov/archives/opa/press-release/file/1162431/dl?inline=

HUNTINGTON, W.Va. – Two Detroit men who were caught with heroin last year pled guilty to federal charges, announced United States Attorney Mike Stuart.  Drevonte Larnielle Patterson, 21, and Christian Vincent Keith Gordon, 22, both entered guilty pleas to possession with intent to distribute heroin in federal court in Huntington.  Stuart commended the investigative efforts of the Huntington Police Department.

“Detroit drug dealers flushing heroin down the toilet,” said United States Attorney Mike Stuart.  “Detroit drug dealers have flushed too many lives down the toilet by bringing dangerous drugs into our communities.” 

On March 15, 2018, officers executed a search warrant at the apartment located at 156 1/2 Sixth Avenue in Huntington.  During the search, Patterson and Gordon were found in the bathroom attempting to flush approximately 49 grams of heroin down the toilet.  Officers seized the heroin which Patterson and Gordon admitted they intended to distribute.  Patterson and Gordon further admitted they distributed heroin from the apartment during the month of March 2018. 

Patterson and Gordon both face up to 20 years in federal prison when they are sentenced on August 26, 2019. 

Assistant United States Attorney Joseph F. Adams is handling the prosecutions.  United States District Judge Robert C. Chambers presided over the plea hearings.

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

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HUNTINGTON, W.Va. – – Three defendants who committed drug offenses last year in Huntington were sentenced today in federal court, announced United States Attorney Mike Stuart.  Steven Jamar Alexander, 33, was sentenced to 77 months in federal prison after previously pleading guilty to distributing methamphetamine.  In separate prosecutions, Zachary Taylor Lucas, 25, was sentenced to 3 months in federal prison after previously pleading guilty to distributing heroin and Jason Clark Dailey, 27, was sentenced to 12 months and one day in federal prison after previously pleading guilty to distributing fentanyl and illegal possession of a firearm by a drug user.  Stuart commended the investigative efforts of the DEA, the FBI Drug Task Force, and the Cabell County Sheriff’s Department. 

“Three more defendants; three more drug dealers sentenced to prison,” said United States Attorney Mike Stuart.  “We’ve worked hard and we’ve worked smart with federal, state and local  law enforcement to clean up the streets of Huntington and Cabell County, and we’ll continue working to ensure public safety.”

In the Alexander prosecution, a confidential informant contacted Alexander on August 14, 2018, to arrange a purchase of methamphetamine.  Alexander directed the informant to travel to a gas station in the 2200 block of 8th Avenue in Huntington to complete the transaction.  At that location, Alexander met the informant and distributed methamphetamine in exchange $120.  As part of his plea, Alexander admitted to distributing methamphetamine to the informant on four other occasions. 

In the Lucas prosecution, a confidential informant contacted Lucas on March 26, 2018, to arrange a purchase of heroin.  Lucas directed the informant to travel to his residence in Milton to complete the transaction.  At that location, Lucas distributed heroin to the informant in exchange for $100.  As part of his plea, Lucas admitted that he distributed heroin to the informant on two other occasions and that he was involved in distributing heroin in the Milton area during the months of March and April of 2018.  

In the Dailey prosecution, a confidential informant contacted Dailey on June 21, 2018, to arrange a purchase of fentanyl.  Dailey directed the informant to travel to his residence in Ona to complete the transaction.  At that location, Dailey distributed fentanyl to the informant in exchange for $100.  On July 5, 2018, deputies executed a search warrant at Dailey’s residence.  During the search, deputies seized heroin and two firearms which Dailey possessed.  Dailey admitted that he was a drug user and thus, Dailey was prohibited from possessing firearms.  Also as part of his plea, Dailey admitted that he distributed heroin to the informant on another occasion and that he was involved in distributing heroin in the Ona area from February to July of 2018.  

Assistant United States Attorney Joseph F. Adams handled the prosecutions.  The sentences were imposed by United States District Judge Robert C. Chambers.

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CHARLESTON, W.Va. – An Akron, Ohio, woman who was arrested as part of Project Charleston, pled guilty to a federal drug trafficking crime, announced United States Attorney Mike Stuart.  Azriel Irene Westfall, 20, pled guilty to possession with intent to distribute heroin and methamphetamine before Senior United States District Judge John T. Copenhaver, Jr.  Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT) and the Drug Enforcement Administration. 

“Westfall was carrying death and destruction in her purse,” said United States Attorney Mike Stuart.  “Project Charleston shut down a significant drug trafficking organization operating between Akron and Charleston.  We will continue to hold poison peddlers responsible and put them behind bars for as long as possible.” 

On February 28, 2018, police investigators executed a search warrant on a drug house on Mountain Road in Charleston, where Westfall was staying with several other people.  The investigators searched Westfall’s purse and found close to 30 grams of a mixture of heroin and carfentanil (a powerful fentanyl analogue); almost 10 grams of heroin; and around 3 grams of ice methamphetamine.  Westfall was also carrying over $6,000 in drug proceeds in her purse.

Westfall faces up to 20 years in federal prison when she is sentenced on August 7, 2019.  Assistant United States Attorney Drew O. Inman is handling the prosecution.

SDWVNews and USAttyStuart

 
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CHARLESTON, W.Va. – Assistant Attorney General Eric Dreiband, Civil Rights Division, United States Department of Justice, Mike Stuart, United States Attorney for the Southern District of West Virginia, Assistant United States Attorney Helen Altmeyer, Northern District of West Virginia, Governor James C. Justice and Secretary Bill Crouch, West Virginia Department of Health and Human Resources will hold a press conference on Tuesday, May 14, 2019, at 1:00 p.m., to discuss a major agreement reached between the United States Department of Justice and the State of West Virginia.

Where: Robert C. Byrd United States Courthouse - 5th floor (not in the U.S. Attorney’s Office)

            300 Virginia Street East

            Charleston, WV 25301

When:  Tuesday, May 14, 2019 @ 1:00 p.m.

NOTES:   Open Press. Camera preset at 12:30 p.m. Final access time for print media is 12:45 p.m.  All media must RSVP and present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. The RSVP and any inquiries regarding logistics should be directed to deanna.eder@usdoj.gov. Please RSVP with the email address of the person(s) attending the event, so that we may reach them directly if details change.

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CHARLESTON, W.VA. – A  Charleston man pled guilty to a federal drug crime, announced United States Attorney Mike Stuart.  Shanton E. Penn, 27, pled guilty to distributing over 20 grams of methamphetamine.   The investigation was conducted by the Metropolitan Drug Enforcement Team (MDENT) and the Kanawha County Sheriff’s Department.  

“We’re prosecuting meth dealer after meth dealer,” said United States Attorney Mike Stuart.  “We are 100 percent committed to ridding our communities of poison peddlers.”

On August 14, 2018 and August 20, 2018, a confidential informant working for MDENT purchased a quantity of methamphetamine from Penn.   Penn admitted that he sold the methamphetamine to the confidential informant for $300 and $375.

Penn faces up to 20 years in prison when he is sentenced on August 8, 2019.

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

SDWVNews and USAttyStuart
 
 

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CHARLESTON, W.Va. – A Nitro, West Virginia, man pled guilty to a federal firearm charge, announced United States Attorney Mike Stuart.  On May 8, 2019, Cole Dylan Cooper, 30, pled guilty to possession of a firearm by a felon before United States District Judge Joseph R. Goodwin.  Stuart commended the investigation conducted by the South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

At the plea hearing, it was established that on November 11, 2018, police officers were dispatched to Thomas Hospital in South Charleston, West Virginia, where a suspect was attempting to break into vehicles and evading hospital security officers.  Officers spotted Cooper in a nearby parking lot.  Cooper’s appearance matched the description of the attempted burglary suspect.

An officer asked Cooper if he had fled from Thomas Hospital security officers, and Cooper acknowledged that he had.  Cooper further stated that he was carrying a firearm, and officers retrieved a loaded pistol from Cooper’s inner jacket pocket.  Cooper was not permitted to possess the firearm as he had previously been convicted of conspiracy to commit first degree robbery, a felony.

Cooper faces up to 10 years in federal prison when he is sentenced on July 31, 2019.  Assistant United States Attorney Andrew J. Tessman is handling the prosecution.

SDWVNews and USAttyStuart

 
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CHARLESTON, W.Va. – Joseph McLaughlin was sentenced to six months of federal incarceration, to be followed by six months of home confinement at a drug rehabilitation shelter in Beckley, West Virginia for the felony offense of fraudulently obtaining Social Security Administration benefits, announced United States Attorney Mike Stuart.  McLaughlin, 38, of  St. Albans, West Virginia will also be required to serve an additional three years on supervised release.  He was further ordered by the Court to pay restitution to the United States Treasury in the amount of $121,436.  The investigation was conducted by the Social Security Administration’s Office of the Inspector General (OIG) and the Social Security Administration. 

“For years McLaughlin continued to receive federal benefits to which he was not entitled,” said United States Attorney Mike Stuart.  “Social Security fraud is rampant in West Virginia and we are doing everything we can to hold fraudsters accountable.”

McLaughlin applied for Title II Social Security Administration (SSA) benefits in 2007 for the care of a child as the child’s representative payee.  These Social Security representative payee benefits are based on income and living arrangements and create a duty on the recipient to report a change in living arrangements.  There is also a requirement that the SSA money received actually be used for the well-being of the child.  McLaughlin indicated that the child resided with him and he used the SSA benefits for the child’s care.  In fact, McLaughlin’s child had moved out in 2011 and was no longer residing with him.  The absence of the child would have ended the amount of money he was receiving every month from the Social Security Administration as the child’s representative payee.  From April 2011 through February 2017, McLaughlin  received at least $121,436 in Social Security benefits in excess of the amount he was due and that were not spent on the child. On August 15, 2017, McLaughlin  gave a detailed statement to federal investigators with the OIG.  McLaughlin admitted that he was receiving money that he was not entitled to receive and that the child had moved out of the home in 2011.

Assistant United States Attorney Erik S. Goes handled the prosecution.  United States District Judge John T. Copenhaver Jr. presided over the hearing.

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HUNTINGTON, W.Va. – A Mason County man who threatened two employees of the Putnam Public Service District with a machinegun and stole their company truck last year in Teays Valley was convicted today after a one-day bench trial of multiple federal offenses.  Justin Michael Wilson, 20, was convicted of carjacking and using, carrying, and brandishing a machinegun during and in relation to a crime of violence.  Wilson also previously pled guilty prior to trial to unlawful possession of a machinegun and possession of an unregistered machinegun.  Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and multiple agencies who responded to the crimes including the Mason County Sheriff’s Department, the Jackson County Sheriff’s Department, the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the Hurricane Police Department, and the West Virginia State Police.

“There’s no place for carjackers in West Virginia.  That’s why Wilson is facing a mandatory 30 years in prison with no parole in the federal system,” said United States Attorney Mike Stuart.  “Wilson’s violent, criminal acts put many lives in danger. I want to thank the law enforcement officers who acted heroically to bring Wilson into custody and Assistant United States Attorneys Joe Adams and Stephanie Taylor for their excellent work in this case.”  

On January 11, 2018, Wilson drove a vehicle he had stolen earlier in the day in Jackson County to the Liberty Square Shopping Plaza in Teays Valley.  While in route to the shopping plaza, Wilson acquired a machinegun and engaged deputies in Kanawha County in a chase, eventually driving off-road and jumping his vehicle over railroad tracks to get away.  When he arrived at the shopping plaza, Wilson approached two employees of the Putnam Public Service District eating lunch in their company truck.  Wilson brandished the machinegun, demanded the men transfer items from the stolen vehicle to the PSD truck, and stole the truck. 

A West Virginia State Police Trooper and Deputies with the Putnam County Sheriff’s Department responding to calls at the shopping plaza for assistance immediately saw Wilson fleeing in the truck.  Wilson then entered Interstate 64 headed westbound and led the responding units on another high speed chase.  During the pursuit, Wilson pointed the machinegun out of the truck at the Trooper, ran vehicles off the road, crossed the median at a designated emergency vehicle crossing, traveled westbound in the eastbound lanes, exited the interstate by traveling the wrong way up the entrance ramp at Hurricane, and eventually crashed the truck which was destroyed by fire.  Wilson was pulled from the burning truck by the Trooper and placed under arrest. 

Wilson will be sentenced on August 12, 2019, and faces sentences of up to 15 years in federal prison for the carjacking conviction and up to 10 years in federal prison each for illegally possessing a machinegun and possessing an unregistered machinegun.  Wilson also faces a mandatory 30 year sentence for using, carrying, and brandishing a machinegun during and in relation to the carjacking. 

Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor handled the prosecution.  United States District Judge Robert C. Chambers presided over the trial.

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LARGEST HEALTHCARE FRAUD SETTLEMENT IN WEST VIRGINIA HISTORY

CHARLESTON, W.Va. – United States Attorney Mike Stuart, along with Special Agent in Charge Maureen R. Dixon, United States Department of Health and Human Services – Office of Inspector General (HHS-OIG), Acting Assistant Special Agent in Charge Justin Schoeman, Drug Enforcement Administration (DEA), Cabinet Secretary Bill J. Crouch, West Virginia Department of Health and Human Resources, and Director Mike Malone, West Virginia Medicaid Fraud Control Unit (MFCU), announced that his office has settled healthcare fraud claims against Acadia Healthcare Company, Inc. (“Acadia”).  Pursuant to the settlement agreement, Acadia will pay  $17 million to resolve allegations of a billing scheme that defrauded Medicaid of $8.5 million.  The settlement represents the largest healthcare fraud settlement in the history of West Virginia and is twice the actual loss from the scheme.  Of the $17 million settlement, nearly $2.2 million will be paid directly to the State of West Virginia.

“$17 million – the largest healthcare fraud settlement in the history of West Virginia,” said United States Attorney Mike Stuart. “$8.5 million in Medicaid fraud means $8.5 million in fraud to the taxpayers. Nearly 600,000 West Virginians rely on Medicaid for the payment of critical services.  Medicaid fraud is not a victimless crime.  I am proud of the work of my office and that of our partners to ensure the end of this multi-million dollar scheme.  In this case, every dime in false billings was doubled for a total settlement that represents twice the harm caused. This is a strong message and a massive penalty.  The message is clear – if you are cheating the system and we find you, you’ll not only pay for the damage done but far more. This is a message of deterrence to other would-be fraudsters.” 

Acadia, acting through its subsidiary, CRC Health, L.L.C. (“CRC”), operates seven drug treatment centers in West Virginia.  These treatment centers are located in Charleston, Huntington, Parkersburg, Beckley, Williamson, Clarksburg, and Wheeling.  The West Virginia Centers provide outpatient drug treatment, including the administration of Methadone and the prescribing of Suboxone and Subutex.  Each of Acadia’s West Virginia treatment centers is certified by the Centers for Medicare and Medicaid Services (“CMS”) to perform uncomplicated “waived” laboratory testing only.  Waived laboratory tests are simple tests with a low risk for an incorrect result. “Non-waived” laboratory testing, in contrast, consists of moderate and high complexity testing.  Laboratories that perform non-waived tests are required to have a significantly higher level of certification than the certifications held by the Acadia treatment centers.  

From January 1, 2012 to July 31, 2018, Acadia’s treatment centers sent urine and blood samples to an outside laboratory, San Diego Reference Laboratory (the “San Diego Lab”) for all moderate and high complexity drug testing.  The San Diego Lab performed the testing and invoiced Acadia’s treatment centers for the services, and did so at the request of the treatment centers.  Acadia’s treatment centers paid the San Diego Lab directly.  However, Acadia’s West Virginia treatment centers then billed West Virginia Medicaid for the urine and blood testing performed by the San Diego Lab, as though the testing had been performed by the treatment centers.  In the claims for reimbursement submitted to Medicaid, Acadia’s treatment centers represented that they had performed the moderate and/or high complexity laboratory services.  Medicaid, induced by the claims submitted by Acadia’s treatment centers, paid the treatment centers a substantially higher amount than the San Diego Lab charged to actually perform the testing.  Medicaid regulations and policies specifically prohibited Acadia’s treatment centers from seeking reimbursement for moderate and complex urine and blood testing which they were not certified to perform, and did not, in fact, perform.

Medicaid paid Acadia’s treatment centers $8,500,000 as a result of these moderate and complex urine and blood testing claims, resulting in a loss of $2,181,100 to the State of West Virginia and $6,318,900 to the United States.  The Medicaid program is primarily administered by the states, but jointly financed by federal and state funds – funds ultimately originating from taxpayers.  As a result of the $17 million settlement, which represents twice the actual loss suffered by Medicaid, both the state and federal programs will be made whole. 

As part of this settlement, CRC Health and Acadia Healthcare entered into a five-year corporate integrity agreement (CIA) with HHS-OIG.  The CIA requires CRC and Acadia to maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicaid claims. 

Medicaid fraud cost states billions of dollars every year, diverting funds that could otherwise be used for legitimate health care services.  In 2018, improper payments alone—which include things like payment for non-covered services or for services that were billed but not provided—totaled more than $40 billion nationally according to the Government Accountability Office.

“Fraudulent billing by these Acadia/CRC drug treatment clinics, as contended by the government, limits the State’s ability to provide desperately needed addiction treatment services,” said Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Services Region including West Virginia.  “We will continue working with the U.S. Attorney and other law enforcement partners to protect government health programs, taxpayers, and importantly people who depend on these funds for vitally needed treatment.”   

“The West Virginia Department of Health and Human Resources, through its Medicaid Fraud Control Unit, continues to protect the integrity of  healthcare programs and the citizens of West Virginia,” said Bill J. Crouch, Cabinet Secretary of the West Virginia Department of Health and Human Resources.  “I am proud of DHHR’s Medicaid Fraud Control Unit under the leadership of Director Michael Malone and its work with the United States Attorney’s Office Southern District in combatting healthcare fraud and the opioid crisis and as a member of the innovative ARREST Task Force.”

“The Drug Enforcement Administration routinely works in partnership with other agencies to fight the opioid crisis,” said Justin Schoeman, Acting Assistant Special Agent in-Charge of DEA’s Charleston District Office, which covers West Virginia.   “This settlement is just one example of the great results from our collaboration and hopefully it will have a positive effect on the people of West Virginia,” Schoeman added.

The investigation was conducted by HHS-OIG, DEA and MFCU, members 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.  Assistant United States Attorneys Alan McGonigal and Jennifer Mankins handled the matter on behalf of the United States.  The settlement agreement can be found here: https://www.justice.gov/usao-sdwv/press-release/file/1160101/dl?inline=.

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

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HUNTINGTON, W.Va. – Two defendants involved in drug offenses last year in Huntington were sentenced today in federal court, announced United States Attorney Mike Stuart.  Marquan Charles Williams, 27, was sentenced to 67 months in federal prison after previously pleading guilty to possession with intent to distribute heroin.  In a separate prosecution, Krista N. Ramey, 25, was sentenced to 24 months in federal prison after previously pleading guilty to distributing methamphetamine.  Stuart commended the investigative efforts of the FBI Drug Task Force, the Cabell County Sheriff’s Department and the Huntington Police Department.

“If you are a drug dealer -- regardless of whether it’s fentanyl, heroin, methamphetamine, or any other illegal drug -- and we find you, we will prosecute you and put you behind bars for as long as possible,” said United States Attorney Mike Stuart.

In the Williams prosecution, officers with the Huntington Police Department were conducting surveillance at the Greyhound bus station in Huntington on May 23, 2018, when they observed Williams and another individual arrive on a bus from Detroit.  Officers continued to conduct surveillance and observed Williams and the other individual enter a residence on West 7th Avenue in Huntington.  The other individual was then seen leaving the residence and entering a vehicle which was stopped by officers.  During the traffic stop, officers recovered a bag containing over 100 grams of fentanyl. 

Officers subsequently executed a search warrant at the West 7th Avenue residence.  When officers entered, they located Williams in the kitchen processing and bagging an additional quantity of fentanyl which Williams admitted that he intended to sell.  Williams further admitted as part of his plea agreement that he directed the other individual to take the fentanyl seized during the traffic stop to a local motel to store it for later distribution.

In the Ramey prosecution, a confidential informant contacted Ramey on August 17, 2018, to arrange the purchase of methamphetamine.  The informant then traveled to Ramey’s residence on South High Street in Huntington where Ramey distributed methamphetamine to the informant.  As part of her plea, Ramey admitted that she also distributed methamphetamine to the informant on August 20, 2018, and that investigators seized four firearms during a search of her residence on August 23, 2018. 

Assistant United States Attorney Joseph F. Adams handled the prosecutions.  The sentences were imposed by United States District Judge Robert C. Chambers.

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Defendant fraudulently obtained over $44,000

HUNTINGTON, W.Va. –  A Huntington woman entered a guilty plea to the felony offense of fraudulently obtaining Social Security Income benefits, announced United States Attorney Mike Stuart.  Linda Crabtree, 54, faces up to 5 years of incarceration when she is scheduled to be sentenced on August 12, 2019.  She will also be required to pay restitution back to the United States Treasury.  United States Attorney Mike Stuart praised the work of the United States Social Security Administration-Office of Inspector General. 

“Theft of government program dollars will not be tolerated,” said United States Attorney Mike Stuart.  “Many West Virginians depend on these critical benefits.  We all suffer when fraudsters like Crabtree take money to which they aren’t entitled.”

Crabtree applied for Title XVI Social Security benefits in 2004.  These Social Security benefits are based on income and living arrangements, and create a duty on the recipient to report a change in income or living arrangements.  In 2004, Crabtree indicated that she was married, but claimed she was not residing with her spouse.  In fact, Crabtree was residing with her spouse and they had been married and living together since 2004. Their combined income would have lowered the amount of money she was receiving every month from the Social Security Administration.  From December 2004 through December 2017, Crabtree received $24,735 in Social Security benefits in excess of the amount she was due. 

Crabtree also received additional money she was not entitled to receive as the representative payee on behalf of her daughter.  This resulted in overpayments to Crabtree as a representative payee in the amount of $19,502.  In total, Crabtree obtained $44,237 in benefits she was not entitled to receive.  On November 6, 2017, Crabtree gave a detailed statement to federal investigators with the Office of Inspector General admitting that she was living with her spouse the entire time and knew that she was receiving money that she was not entitled to receive.

Assistant United States Attorney Erik S. Goes handled the prosecution.  United States District Judge Robert C. Chambers presided over the hearing.

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Defendant Intended to Distribute Over 196 Grams of Powerful Carfentanil

HUNTINGTON, W.Va. – An Ohio man pled guilty today to a federal drug trafficking crime, announced U. S. Attorney Mike Stuart.  Martel Trayvelle Easton, 21, of Akron, pled guilty to possessing with intent to distribute over 196 grams of carfentanil. Carfentanil is a form of fentanyl but 100 times more powerful, and 10,000 times more powerful than morphine. It is used as an elephant tranquilizer, and is commonly mixed with heroin and known on the street as “pink heroin.”

“100 times more powerful than fentanyl.  10,000 times more powerful than morphine.  An elephant tranquilizer,” said United States Attorney Mike Stuart.  “If law enforcement had not intervened before these drugs hit the streets of Huntington, many West Virginians would have lost their lives.  I so much appreciate law enforcement’s tireless fight against evil.  They put their own lives in peril every day in an effort to save the lives of the citizens of our great state.”

On February 7, 2018,  the Huntington Violent Crime and Drug Task Force, along with member of the Huntington Police Department, served a search warrant at 1217 10th Avenue in Huntington after seeing drug traffic from that apartment, which was being used a storage house for drugs. Easton was in the apartment when law enforcement entered and ran out the back door while throwing cash. After a brief struggle, Easton was subdued and arrested.  Law enforcement also seized approximately 8 grams of methamphetamine during the search.

Easton faces a minimum of 10 years and up to life imprisonment when he is sentenced on August 12, 2019.  United States District Judge Robert C. Chambers presided over the plea hearing.  Assistant United States Attorney Greg McVey is handling the prosecution.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart, along with federal and state law enforcement officials, will hold a press conference on Monday, May 6, 2019, at 9:30a.m., to discuss a significant civil settlement.

Where:             United States Attorney’s Office, SDWV

                          300 Virginia Street East, Room 4000

                          Charleston, WV

When:              Monday, May 6, 2019 @ 9:30am

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BECKLEY, W.Va. – A federal jury returned a guilty verdict in the trial of a Beckley man for being a felon in possession of a firearm, announced United States Attorney Mike Stuart. John Henry Swain, 44, was convicted following a one-day jury trial.

“I am a firm supporter of the Second Amendment,” said United States Attorney Mike Stuart.   “But Swain is prohibited from possessing firearms because of his previous felony conviction.   Enforcing federal gun laws is critically important to public safety because it keeps guns out of the wrong hands.  I want to thank ATF and my Assistant United States Attorneys, Ryan Saunders and Steve Loew, for their work in this case.” 

Witnesses for the United States testified that on September 20, 2018, Swain, along with two other individuals, was being investigated for public intoxication and open container in downtown Beckley. Swain was the only one who was non-compliant. He continuously put his hands in his pocket and waistband area. Swain then fled on foot and maneuvered his hands towards his waist during the foot pursuit. He was apprehended and a canine tracked a 9mm Taurus pistol along the path of flight. After Swain’s arrest, law enforcement read him his Miranda rights and in a recorded interview, Swain admitted to possessing the firearm and that he wanted to get a clip and shoot it to see what it sounded like. Swain was prohibited from possessing any firearm under federal law because of a 2008 federal conviction in the Southern District of West Virginia for being a felon in possession of a firearm. 

Swain faces up to 10 years in federal prison when he is sentenced in August 22, 2019.  Swain will remain in custody pending his sentencing.

The Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorneys Ryan A. Saunders and Steven I. Loew are in charge of the prosecution and tried the case before a federal jury. United States District Judge Irene C. Berger presided over the trial.

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

SDWVNews and USAttyStuart

 
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CHARLESTON, W.Va. – United States Attorney Mike Stuart provided the following statement regarding a federal investigation into the 2016 floods disaster relief:

“The deadly 2016 floods were a seminal event for West Virginia. Too many of our precious citizens lost their lives. Many other lives were terribly impacted. Critical infrastructure including roads, bridges, and water systems were destroyed or significantly interrupted. And too many West Virginians lost their most critical personal asset – their homes.  Many lives were literally turned upside down.  To this day, the future remains uncertain for too many of our friends and neighbors.

Post-disaster, the federal government committed millions of taxpayer dollars to disaster relief for recovery with the intent that the assistance would help rebuild lives and rebuild communities.  Critical federal resources through FEMA and the Department of Housing and Urban Development are essential to the rebuilding process and must be used wisely, timely and legally. 

Every available dollar for disaster relief must be spent on disaster relief.  Diversion, fraud, corruption or delay cannot and will not be tolerated.  

Desperate communities and West Virginians depend on critical, limited dollars to assist in recovery.  Desperate communities and West Virginians need certainty that in a future disaster intended assistance will be delivered timely and spent properly.  West Virginians need to be reassured that federal law enforcement is now investigating this matter.  Rest assured, my office is working with appropriate federal agencies to investigate the issues of disaster relief, and use of federal funds related to the historic 2016 floods and I can assure our citizens that any party that abused their position of authority, violated the public trust, or misused taxpayer dollars will be held accountable, if warranted.”

SDWVNews and USAttyStuart

 
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HUNTINGTON, W.Va. – A Mercer County, West Virginia, felon who possessed a firearm in May 2018, was sentenced today to 37 months in prison, announced United States Attorney Mike Stuart.

Kelvin Maurice Freeman, 29, previously admitted that on May 31, 2018, he possessed a firearm while he was traveling on Interstate 64 in Cabell County, West Virginia.   Freeman was prohibited from possessing any firearm under federal law because he was convicted in April 2018 for Child Endangerment in Tazewell County, Virginia.

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

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

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Austin Garland Burke, 64, and Timmy Allen Kemper, 58, were indicted today for the use of unlawful force on a pretrial detainee at the Western Regional Jail in Barboursville, West Virginia, while they were acting as internal affairs officers with the West Virginia Regional Jail and Correctional Facility Authority, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Southern District of West Virginia Michael B. Stuart, and FBI Pittsburgh Division Special Agent in Charge Robert A. Jones.

Burke and Kemper are charged with one count of deprivation of rights under color of law. According to the indictment, on Feb. 27, 2015, Burke and Kemper were responsible for the use of unlawful force against the detainee, who was injured when a flashbang grenade and a stinger grenade were deployed in his cell and he was then hogtied and transported in a K-9 vehicle to another correctional facility. The indictment also alleges that the defendants’ acts involved the use of a dangerous weapon and resulted in bodily injury to the detainee.

The count carries a maximum penalty of 10 years of imprisonment. An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.

This case was investigated by the FBI Pittsburgh Division, Huntington, West Virginia Resident Agency. It is being prosecuted by Trial Attorneys Olimpia E. Michel and Kathryn E. Gilbert of the Department of Justice’s Civil Rights Division and Assistant United States Attorney Rachel Kincaid for the Southern District of West Virginia.