Southern District of West Virginia

CHARLESTON, W.Va. – A Charleston man caught selling methamphetamine in July and September 2017 pled guilty yesterday to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Michael Ginther, 35, entered his guilty plea to an indictment charging him with conspiracy to distribute five grams or more of methamphetamine.  Stuart lauded the joint investigation conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team. 

“An unbelievable amount of meth is being trafficked in Kanawha County and surrounding areas,” said United States Attorney Mike Stuart.  “My office and my law enforcement partners are working together like never before to disrupt and dismantle meth distribution networks operating throughout southern West Virginia.”

Ginther admitted that from at least June 2017 to September 2017, he allowed his residence to be used by Melody Legg to distribute methamphetamine in Kanawha County.  As part of the plea agreement, Ginther admitted to distributing approximately 9 grams of methamphetamine to a confidential informant in July 2017.   

Ginther faces at least 5 years but not more than 40 years in federal prison when he is sentenced on October 3, 2018.

The plea hearing was held before United States District Judge Joseph R. Goodwin.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

 

Follow us on Twitter: SDWVNews

  
 
###
 
 
 
 

HUNTINGTON, W.Va. – A Huntington man that was indicted for his role in a major, multi-state heroin and fentanyl network pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Terrell Redd, 43, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin.  The federal indictment also charged 14 other individuals involved in the Peterson Drug Trafficking Organization (DTO) with conspiracy to distribute heroin and fentanyl.  Additional Peterson DTO defendants were arrested and charged in Detroit.

“No revolving door. Both Project Huntington and Operation Saigon Sunset are critical to our efforts to dismantle heroin and fentanyl distribution networks and reduce violent crime in and around the City of Huntington,” said United States Attorney Mike Stuart.  “I am dead serious about my commitment to drive out criminal elements from Huntington. While the takedown on April 17th of this year was a monumental success, our work is not done until all defendants charged are held accountable for their crimes.”

Redd admitted that in January and February 2018 he conspired with Manget Peterson and Charles Graves, Jr. to sell heroin in the Huntington, WV area.  As part of the plea agreement, Redd admitted to distributing heroin to a confidential informant in February 2018.   

Redd faces up to 20 years in federal prison when he is sentenced on November 19, 2018.

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

The plea hearing was held before United States District Judge Robert C. Chambers.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

The drug prosecution is part of Project Huntington, an effort announced by United States Attorney Mike Stuart in March 2018 in response to the opiate epidemic and violent crime in southern West Virginia. 

 

Follow us on Twitter: SDWVNews  
 

###
 
 
 
 
 
 

HUNTINGTON, W.Va. – A Huntington man who was arrested as part of Project Huntington pled guilty today in federal court to drug and gun charges, announced United States Attorney Mike Stuart.  James Christopher Brady, 47, entered guilty pleas to distribution of crack cocaine and possession of an unregistered sawed-off shotgun before United States District Judge Robert C. Chambers.  Stuart commended the investigative effort of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Brady was selling drugs AND guns in Huntington,” said United States Attorney Mike Stuart.   “There is no doubt that Huntington is a safer city today as a result of the people we took off the streets as part of Project Huntington’s major takedown earlier this year.  Still, there is much work left to do. We will not lessen our efforts or reduce our sense of urgency until the criminal elements are driven out of West Virginia.”

On September 22, 2016, a confidential informant met with Brady at Brady’s residence located at 419 9th Street West in Huntington.  After negotiating with the informant, Brady left the residence to acquire crack cocaine which Brady agreed to sell to the informant.  Brady subsequently returned and distributed approximately 3 grams of crack cocaine to the informant in exchange for $250 in United States currency.

On January 12, 2017, the informant again met with Brady and Brady’s 9th Street West residence and negotiated the purchase of a firearm.  Brady and the informant then traveled to a residence on Cook School Road where Brady retrieved the firearm.  Brady subsequently sold the firearm to the informant in exchange for $160 in United States currency.  After examination, the firearm was determined to be a Savage/Springfield, model 944, 12 gauge weapon made from a shotgun which had a barrel measuring 13 and 7/16 inches and an overall length measuring 22 and 7/8 inches.  The firearm had been altered from its manufactured state and, based on the measurements, was required to be registered in the National Firearms Registration and Transfer Record.  A review of records revealed that the firearm was not registered.

As part of his plea, Brady also admitted to selling firearms to the informant in Huntington on three additional occasions.  Brady admitted that he sold two additional sawed-off shotguns which were not properly registered and an additional .380 caliber pistol.  Brady further admitted that he was previously convicted in federal court in Huntington of the felony offense of possession of an unregistered destructive device and thus, he was prohibited from possessing any firearms.      

Brady faces up to 30 years in federal prison when he is sentenced on November 19, 2018.

Assistant United States Attorney Joseph F. Adams is handling the prosecution.

This prosecution is part of Project Huntington, an effort announced by United States Attorney Mike Stuart in March 2018 in response to the opiate epidemic and violent crime in southern West Virginia. 

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 
 
 
 

Defendant had four prior removals for illegally entering the United States

BECKLEY, W.Va. –  Alonso Tapia-Gomez entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.  Tapia-Gomez,  36, of Michoacan, Mexico, faces up to 2 years of incarceration, a 250,000 dollar fine, supervised release for one year, and a special assessment of 100 dollars when he is scheduled to be sentenced on November 8, 2018.  Tapia-Gomez also faces removal proceedings at the conclusion of any sentence of incarceration.   United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE). 

“Four prior removals,” said United States Attorney Mike Stuart.  “One would think that Tapia-Gomez would have gotten the message by now.  Enter this country legally or face prosecution and deportation. We prosecute 100% of illegal reentry cases and we will continue until those entering illegally go back home, get back in line, and enter our great nation pursuant to our laws.”

On May 15, 2018,  Tapia-Gomez was driving a car on Interstate 64 near Beckley, Raleigh County, West Virginia when he was stopped by the West Virginia State Police for speeding.  Once stopped, Tapia-Gomez offered to the Trooper a Mexican Consular Identification document instead of a driver’s license.  The Trooper immediately contacted ICE agents to confirm alienage.  ICE spoke to Tapia-Gomez  and confirmed that he was not legally present in the United States. ICE agents drove to the area and placed Tapia-Gomez under arrest.  ICE agents further submitted Tapia-Gomez’s  fingerprints for a forensic examination.  The results of the examination matched him to four prior removals from the United States.  One prior removal was in 2009 and three prior removals were in 2010.  After being deported on four separate occasions, Tapia-Gomez then illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Tapia-Gomez is a citizen of Mexico.

Assistant United States Attorney Erik S. Goes handled the prosecutions.  Judge Irene C. Berger presided over the plea hearing.

 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 
 
 
 

BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a federal inmate pled guilty to a weapon charge.  Sterling Cleggett, 35, an inmate at the Federal Correctional Institution at McDowell, pled guilty to possessing a weapon inside the prison.  Stuart praised the investigative work of the Federal Bureau of Prisons. 

“Yet another inmate found in possession of shank,” said United States Attorney Mike Stuart. “Another inmate that will receive an extended stay at the FCI.”

Cleggett admitted that  on May 3, 2018, he possessed a handcrafted weapon commonly known as a “shank.”  A prison staff member found the weapon inside Cleggett’s pants.  Cleggett faces up to five years in prison when he is sentenced on December 11, 2018. 

Assistant United States Attorney John File is prosecuting the case.  Senior United States District Judge David A. Faber presided at the plea hearing.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###

 

BECKLEY, W.Va. –  United States Attorney Mike Stuart announced today that Jordan Goard, 27, of Fayette County, was sentenced to 100 months in federal prison for being a felon in possession of a firearm.  Goard’s sentence will run concurrently with a state sentence of over 60 years. Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service CUFFED Task Force. 

“It’s so unfortunate that as a result of Goard’s criminal actions, he will be spending the majority of his life behind bars,” said United States Attorney Mike Stuart.  “But my team is working tirelessly to prevent violence in communities throughout the Southern District by locking up prohibited persons that violate federal gun laws.”

Goard pled guilty in April, admitting that on February 2, 2017, he possessed a .40 caliber pistol in Beckley.  Law enforcement agents seized the firearm from him when they apprehended him on another matter. 

Assistant United States Attorney John File handled the prosecution.  United States District Judge Irene C. Berger imposed the sentence. 

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

 

Follow us on Twitter: SDWVNews  

 
###
 
 
 
 
 
 

Defendant had role in counterfeit check cashing scheme

BECKLEY, W.Va. –  A Beckley, West Virginia man was sentenced today for his role in a mail theft and counterfeit check cashing scheme, announced United States Attorney Mike Stuart.  Shawn Meadows, age 30, was sentenced to eight months of federal incarceration.  He was also ordered to pay more than $7106 in restitution to a bank who was the victim of the check cashing scheme. Meadows previously pled guilty on April 11, 2018 to the felony offense of uttering a counterfeit check. United States Attorney Mike Stuart praised the Beckley Police Department and the United States Postal Inspection Service for catching the three defendants while the scheme was ongoing. 

“Caught in the act,” said United States Attorney Mike Stuart.  “Thanks to the quick work of the Beckley Police Department and the U.S. Postal Inspection Service, this fraudulent scheme was brought to a quick end. It is gratifying to know that as a result of the prosecution, restitution will be paid to the victim bank.”

On November 30, 2015, Meadows, along with co-defendants Savion Thomas and Deandre Smith, participated in a scheme where Meadows was given a counterfeit check by Thomas and Smith, both of Atlanta, Georgia.  Smith and Thomas had rented a car in Atlanta, drove to the Beckley area and stolen checks from mailboxes in the Beckley, West Virginia area.  The stolen checks were then cleaned in such a way as to remove identifying information, counterfeited, and copied using a computer Smith and Thomas had brought with them.  Meadows was recruited to help cash the counterfeit checks at a local bank.  The copied counterfeit checks were cashed on the same day at three separate branches of the same bank in Beckley, West Virginia.  Two checks were successfully cashed.  The Beckley Police Department responded to a tip from bank employees and stopped the three men after the third attempt to cash the checks.  All three men gave statements admitting to their role in the mail theft and check cashing scheme.

Deandre Smith was sentenced for his role in the scheme on August 10, 2016, receiving a year of incarceration and a three year term of supervised release.  Savion Thomas is scheduled to be sentenced on August 22, 2018.

Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Eric Bacaj handled the prosecutions.  Judge Irene C. Berger presided over the sentencing hearing.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 

 

###

 

 

 

 

 

 

CHARLESTON, W. Va. – United States Attorney Mike Stuart announced today that former West Virginia Supreme Court of Appeals Justice Menis E. Ketchum II, age 75, was charged by Information with wire fraud.  Justice Ketchum served as a Supreme Court Justice from January 1, 2008 through July 27, 2018. 

“Corruption by public officials – any public official – is a priority of my office,” said United States Attorney Mike Stuart.  “The people of West Virginia have worked too hard and too long to tolerate misconduct that strikes at the heart of the public’s trust by their elected officials.  I believe it is a fundamental right of every West Virginian to have honest government with public officials worthy of the greatness of our citizens.”

The Information relates to Justice Ketchum’s repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia.  The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip.

Stuart praised the work of the Federal Bureau of Investigation, the West Virginia Legislative Commission on Special Investigations, and the Internal Revenue Service—Criminal Investigation Division.

“Throughout this investigation and including today’s filing of a federal information against Justice Ketchum, the system worked,” said United States Attorney Mike Stuart.  “This is not a sad day for West Virginia but, rather, a day in which our citizens should be comforted.  We are now one step closer to ending the crisis of this court.”

"West Virginians deserve public officials they can trust and who will represent them honestly and fairly," said Assistant Special Agent in Charge Nick Boshears. "The public needs to know they can have the highest confidence those who violate their trust will be held accountable."

The Information carries a penalty of up to 20 years imprisonment, a $250,000 fine, and a term of supervised release of up to 3 years.

 

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

 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart

 

###

 

 

CHARLESTON, W.VA. – United States Attorney Mike Stuart announced that Labaron Bulley, 32, of Charleston, pled guilty today before United States District Court Judge John T. Copenhaver, Jr., to being a felon in possession of a firearm.  Stuart credited the collaborative investigative efforts of the Charleston Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF) with the successful prosecution of Bulley.

“We are working closely with the Charleston Police Department to reduce violent crime, particularly on the City’s west side,” said United States Attorney Mike Stuart.  “Prosecuting prohibited persons like Bulley that continue to possess guns is critical to our efforts.”

Bulley admitted to possessing a firearm on March 15 of this year at his girlfriend’s west side residence. At the time he possessed the firearm, Bulley admitted that he had been convicted in 2014 in West Virginia of the felony offense of attempting to commit a felony. Bulley faces up to 10 years imprisonment and a $250,000.00 fine when he is sentenced on October 30, 2018.

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

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
###
 

CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference at approximately 10:00am on Tuesday, July 31, 2018, to discuss the West Virginia Supreme Court of Appeals.  

 

WHO:            Mike Stuart

                        United States Attorney

                        Southern District of West Virginia

                        

WHAT:         Press Conference

 

WHEN:         Tuesday, July 31, 2018 @ approximately 10:00am*  

 

WHERE:       United States Attorney’s Office

                      Robert C. Byrd United States Courthouse

                      300 Virginia Street

                      4th Floor, Room 4000

                      Charleston, WV  25301

     

*All media must present government-issued photo identification (such as a driver’s license) and valid media credentials.  Media representatives should be through security and in the U.S. Attorney’s Office no later than 9:40 a.m. with cameras/media devices set up by 9:50 a.m.  Media will be permitted to access the facility beginning at 9 a.m..    

                         

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
 
 
###
 
 
 
 

 

CHARLESTON, W.Va. – A Mingo County felon was sentenced today to a year and a month in federal prison for a gun charge, announced United States Attorney Mike Stuart. Robert Lee Brewer, 58, of Kermit, previously pled guilty to being a felon in possession of a firearm. Stuart commended the investigative efforts of the Mingo County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“Just like the saying, ‘Nothing good happens after midnight,’” said United States Attorney Mike Stuart.  “Nothing good happens when a convicted felon possesses stolen firearms. We will prosecute these cases every day of the week in an effort to make our communities safer.”

On January 20, 2017, deputies with the Mingo County Sheriff’s Office went to Brewer’s house to investigate a report that he had purchased a stolen gun. During an interview with law enforcement, Brewer admitted that he bought the gun, an F.I.E., Model E15, .22 caliber revolver. He further admitted that he knew he was not supposed to possess guns because of his felony conviction. Brewer additionally admitted that he had a rifle in his residence, and gave deputies permission to search. Deputies located the rifle, a Savage Arms, Model Mark II, .22 caliber rifle in Brewer’s house.

Through further investigation of pawn shop records, law enforcement determined that the .22 rifle was also stolen. Furthermore, Brewer admitted that in November 2016, he had another stolen firearm, a CBC, Model 715T, .22 caliber rifle, in his residence. Brewer was prohibited from possessing any firearms under federal law because of a 2012 conviction in Mingo County Circuit Court for delivery of hydrocodone.

Assistant United States Attorney Clint Carte is responsible for the prosecution. Senior United States District Judge David A. Faber imposed the sentence.

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

Follow us on Twitter: SDWVNews and USAttyStuart 

 

###

HUNTINGTON, W.Va. – A Huntington woman who was caught selling heroin and fentanyl in 2016 pled guilty today in federal court in Huntington, announced United States Attorney Mike Stuart.  Ashley Dawn Russell, 26, entered a guilty plea to distribution of heroin and fentanyl before United States District Judge Robert C. Chambers.  Stuart commended the investigative work done by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“Drug dealers are mixing fentanyl with everything from heroin to meth and marijuana,” said United States Attorney Mike Stuart.  “Fentanyl is deadly.  As part of Project Huntington and the newly announced Operation Synthetic Opioid Surge initiative, we are prosecuting dealers of synthetic opioids to the fullest extent of the law regardless of quantity.  We will clean up these streets no matter how many dealers we have to prosecute.” 

Russell admitted that on August 3, 2016, she assisted Traemone Miller in conducting a drug transaction at 904 Marcum Terrace in Huntington.  On that date, a confidential informant met with Miller and gave him $700 which was the purchase price for heroin.  Miller left the apartment and provided Russell with heroin which she then distributed to the informant.  A chemist with the West Virginia State Police laboratory confirmed after forensic analysis that the heroin was in fact approximately 5 grams of a heroin and fentanyl mixture. 

Russell faces up to 20 years in federal prison when she is sentenced on November 13, 2018.

Assistant United States Attorney Joseph F. Adams is handling the prosecution. 

The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 

 
###
 

 

HUNTINGTON, W.Va. – A Columbus man caught selling crack cocaine within 1000 feet of Marshall University in July 2017 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Shawn Bryson, also known as “Shorty,” 27, entered his guilty plea to distributing crack cocaine within 1000 feet of Marshall University.  Stuart commended the work of the Huntington Police Department.

“My office works closely with our law enforcement partners in Huntington including the Huntington Police Department, the Marshall University Police and President Gilbert to ensure the safety of Marshall students,” said United States Attorney Mike Stuart.  “Drug dealers should take note.  Those putting our young people at risk by peddling dangerous drugs near a school, whether it be a primary, secondary or post-secondary school, will be charged accordingly.  Marshall University is a terrific University and a critical asset to the state of West Virginia.  Maintaining the safety of its campus and its students is a priority.” 

On July 6, 2017, an individual told officers he had just purchased crack cocaine from “Shorty” at 1531 Rear Avenue, Apartment A in Huntington.  Officers conducted a search warrant and recovered approximately 33 grams of crack cocaine.  As part of the plea agreement, Bryson admitted that he intended to sell that crack cocaine as well.   

Bryson faces a minimum of one year and up to forty years in federal prison when he is sentenced on November 13, 2018.

Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.

 

Follow us on Twitter: SDWVNews  

 
###
 
 
 

Multiple Count Indictment Including Illegal Distribution of Opioids Resulting in Death

 

CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that a federal grand jury sitting in Charleston returned a 15-count indictment against Muhammed Samer Nasher-Alneam, M.D.  Stuart commended the agencies that conducted the investigation leading to the indictment:  Federal Bureau of Investigation, Drug Enforcement Administration, Department of Labor – Office of Inspector General (OIG), and the West Virginia State Police.   

The indictment charges Dr. Nasher with 9 counts of distribution of Schedule II controlled substances, including the opioids hydrocodone, oxycodone, methadone, and oxymorphone, not for legitimate medical purposes and beyond the bounds of medical practice. Two of those counts allege that the unlawful distribution of opioids resulted in the death of the patient. The indictment also alleges that Dr. Nasher maintained two different office spaces for the purpose of illegally distributing drugs. Finally, the indictment alleges that Dr. Nasher transferred proceeds from drug distribution to Turkey for the purpose of concealing the nature, location, source, ownership or control of the proceeds.

The indictment is the result of the formation of the Opioid Fraud and Abuse 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. 

“This United States Attorney plans to hold accountable medical providers that chose greed over patient care,” said United States Attorney Mike Stuart.  “Due to the funding provided because of the incredible commitment of this administration and Attorney General Sessions, we are aggressively going after doctors, pharmacies and other medical providers that contribute to the opiate epidemic purely for money. No medical provider should prey on individuals suffering from drug addiction for reasons rooted in personal greed.  Far too many West Virginians lose their lives every year to opioid overdoses. The resources of the OFADU will make a big difference in our state and enable us to reverse the trend of overdose deaths.  Drug dealers with a medical degree are still drug dealers.”

"This investigation highlights the FBI's commitment to combating the illegal distribution of opioids and narcotics by doctors," said Assistant Special Agent in Charge Nick Boshears. "Patients put their trust in doctors, and the FBI will continue to investigate those who exploit that trust and jeopardize the health of patients."

Assistant United States Attorneys Haley Bunn and Meredith George Thomas are handling the prosecution.

The indictment can be found

here .

 

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

 

Follow us on Twitter: SDWVNews  

 
###
 
 

Defendants are the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation

BLUEFIELD, W.Va. –  Three men were sentenced today to federal prison for their roles in a drug trafficking organization, announced United States Attorney Mike Stuart. David Shaun Coleman, 46, of Boomer, Fayette County, was sentenced to 60 months, or five years, in federal prison.  Rashaun Carter, 40, of Beckley, and Derrick Lamar Staples, 41, of Charleston, were each sentenced to 121 months, or 10 years, and one month in federal prison. 

Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“These drug dealers were responsible for a significant amount of drugs being distributed in our southern counties,” said United States Attorney Mike Stuart.  “The crimes committed by these defendants and the resulting community devastation warrant the lengthy sentences imposed.  Drug dealers like Coleman, Carter and Staples need to be locked up and removed from our communities.”

David Shaun Coleman previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, and a quantity of oxycodone. At the plea hearing, he previously admitted that between May 2017 and June 28, 2017, he participated in a drug trafficking organization that distributed more than 100 grams of heroin and oxycodone, in and around Fayette County.  Coleman admitted that during this time period, he received approximately 215 grams of heroin and approximately 700 oxycodone 30 mg  tablets from other members of the drug trafficking organization that he intended to distribute in the southern district of West Virginia.

Rashaun Carter previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, a quantity of cocaine, and a quantity of fentanyl.  At his plea hearing he admitted that between August 2016 and June 28, 2017, he assisted Velarian Carter, James Rodney Staples, and others in operating a drug trafficking organization that distributed more than 28 grams of cocaine base, or “crack,” more than 100 grams of heroin, and quantities of cocaine and fentanyl, in and around Beckley, Raleigh County, West Virginia.  Carter admitted to distributing cocaine base and over 100 grams of heroin to another member of the drug trafficking organization.  Carter also admitted to assisting other members of the drug trafficking organization in cooking cocaine into cocaine base, or “crack,” and distributing the same in Raleigh County.

Derrick Lamar Staples previously entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  Staples previously admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy in Raleigh and Kanawha Counties with multiple participants involving the distribution of cocaine and heroin.  Staples admitted to working with James Rodney Staples, Dominic Copney and others to distribute the controlled substances.  Staples admitted that other members of the drug trafficking organization would come to his residence in Charleston to pick up materials used to “cut” or prepare heroin for distribution.  He also admitted that on June 28, 2017, law enforcement officers executed a search warrant at his residence in Kanawha County.  During the search, agents found 706.99 grams of a mixture containing heroin and fentanyl, 34.4 grams of cocaine, a kilo press used to prepare drugs for distribution and two firearms.  Staples admitted it was his intent to distribute the controlled substances found during the search.  Law enforcement officers also seized over $70,000 in cash, jewelry, a car, and real estate that Staples admitted were drug proceeds or purchased with drug proceeds.  As part of the plea agreement Staples has agreed to the forfeiture of these items. 

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

Several other individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Jonathan O. Brockman faces not less than five years and up to 40 years in federal prison when he is sentenced on August 8, 2018.  James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on August 13, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  Karl Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime and is also scheduled for sentencing on August 13, 2018.  George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone and is also scheduled for sentencing on August 13, 2018.  He faces at least five years and up to 40 years in federal prison.

Several defendants in this case have already been sentenced.  Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization.  His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges.  Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively.  Rory White of Montgomery was sentenced to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison.  Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone. 

On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison.  He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively.  Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.

 

Follow us on Twitter: SDWVNews  

 
###
 
 
 
 

BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two inmates at the Federal Correctional Institution at McDowell pled guilty to possessing handcrafted weapons known as “shanks.” 

“Shanks.  So many shanks.  All too frequently, inmates are found to be in possession of weapons, or shanks,” said United States Attorney Mike Stuart.  “The importance of the searches conducted by Bureau of Prison staff members cannot be overstated.”

Carlos Diaz-Bernard, 34, admitted that on February 14, 2018, he possessed a piece of plastic sharpened to a point on one end and hidden inside his pants.   Ricardo Delgado-Vazquez, 36, admitted that on April 20, 2018, he possessed a piece of metal sharpened to a point on one end,  which he had hidden in the sleeve of his jacket.  Prison staff members found the weapons during searches of the inmates.  The two men face up to five years in prison, consecutive to the sentences they are now serving.  Their sentencings are scheduled for November 27, 2018.

The Federal Bureau of Prisons investigated the cases, and Assistant United States Attorney John File is handling the prosecutions.  Senior United States District Judge David A. Faber presided over the plea hearings.

 

Follow us on Twitter: SDWVNews  

 
###
 
 

BLUEFIELD, W.Va. – Two felons pled guilty to federal gun crimes, announced United States Attorney Mike Stuart. 

“My Office is using all available resources to address violent crime in the District,” said United States Attorney Mike Stuart.  “In fact, as I recently announced, we will soon have additional prosecutors working to make our communities even safer by prosecuting more cases like that of Phillips and Quick.”

Scott Phillips, 33, of Parkersburg, entered his guilty plea to being a prohibited person in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Phillips admitted that on February 3, 2017, he possessed two 9mm pistols in Parkersburg.  On that date, when Parkersburg police stopped a vehicle Phillips was riding in, he fled on foot and unsuccessfully attempted to hide the weapons.  Phillips is prohibited from possessing any firearms due to a 2006 Wood County felony burglary conviction.

Reed Ryan Quick, 47, of White Sulphur Springs, also entered a guilty plea to being a prohibited person in possession of a firearm. U.S. Attorney Stuart praised the investigation conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Quick admitted that on January 20, 2018, he possessed Ruger 9mm pistol while attempting to purchase drugs in Charleston. Quick is prohibited from possessing any firearms due to a 2015 Greenbrier County felony conviction for operating a clandestine methamphetamine lab.

Both Phillips and Quick face up to 10 years in federal prison when sentenced on December 4, 2018.

Assistant United States Attorney Matt Davis is handling the prosecutions. The plea hearings were held before Senior United States District Judge David A. Faber.

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

Follow us on Twitter: SDWVNews and USAttyStuart 
 

 
 
###

 

 

BECKLEY, W.Va. – United States Attorney Mike Stuart announced today two federal inmates appeared in court in connection with possession of weapons.

“My team works closely with Bureau of Prisons staff to prosecute these cases,” said United States Attorney Mike Stuart. “If these inmates want to add more federal prison time to their current sentences, then so be it.”

Coleman Ferrell, 31, an inmate at the Federal Correctional Institution at Beckley, was sentenced to 12 months in prison to run consecutively with the sentence he is currently serving.  Ferrell pled guilty in April, admitting that on December 22, 2017, he possessed a piece of metal sharpened to a point on one end, a handcrafted weapon often called a “shank.”  A staff member found the weapon in Ferrell’s shoe during a search. 

The case was investigated by the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney John File.  United States District Judge Irene C. Berger imposed the sentence. 

 

BLUEFIELD, W.Va. – Tyler Romine, 27, an inmate at the Federal Correctional Institution at McDowell, pled guilty to possession of a weapon, admitting that on April 18, 2018, he had a weapon consisting of two combination locks attached to a belt.  Romine used the weapon to strike another inmate.  A staff member recovered the weapon after Romine obeyed an order to put it on the ground.  Romine faces up to five years for this offense, and the sentence will run consecutively to the sentence he is now serving.  His sentencing hearing is scheduled for November 27, 2018.

The case was investigated by the Federal Bureau of Prisons and is being prosecuted by Assistant United States Attorney John File.  Senior United States District Judge David A. Faber presided at the plea hearing.

 

Follow us on Twitter: SDWVNews

  
 
###
 
 
 
 
 
 

CHARLESTON, W.Va. –  United States Attorney Mike Stuart issued the following statement regarding the settlement between the Department of Justice (DOJ), Environmental Protection Agency (EPA) and the State of West Virginia and CSX Transportation:

“The 2015 train derailment was a terrible event causing a declaration of a state of emergency, evacuation of our citizens, and destruction to property.  It placed public health and environmental resources at serious peril.   I’m very pleased that today’s actions will hopefully deter similar events in the future and that West Virginia will directly receive $1 million of the $2.2 million settlement.”

For more information on the settlement, please see DOJ’s press release below.

 

Department of Justice

Office of Public Affairs

---

FOR IMMEDIATE RELEASE

Tuesday, July 24, 2018

Department of Justice, EPA, State of West Virginia Settle With CSX Transportation Over 2015 Derailment and Oil Spill in Mount Carbon, W.Va.

Today, the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and State of West Virginia announced a settlement with CSX Transportation Inc. to resolve its liability for state and federal water pollution violations related to a 2015 oil spill caused by a train derailment in Mount Carbon, West Virginia. Under the terms of the settlement, CSX Transportation will pay penalties of $1.2 million to the United States and $1 million to West Virginia. 

“Federal law requires the transport of oil through communities like Mount Carbon to be done safely, whether by rail or any other mode. When accidents happen and public health or the environment is harmed, the Justice Department will respond with strong action in close coordination with our federal and state partners,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement imposes serious fines under the Clean Water Act for the 2015 CSX train derailment in West Virginia and seeks to deter similar incidents from happening in the future. I applaud the joint efforts of DOJ, EPA, and the State of West Virginia on this case.”

“The 2015 CSX train derailment in Mount Carbon, West Virginia caused significant damage and disruption to that community,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “Through this settlement EPA, DOJ, and the State of West Virginia are holding CSX Transportation accountable for these consequences.”  

On February 16, 2015, a CSX Transportation train with 109 railcars carrying crude oil derailed in Mount Carbon. Twenty-seven tank cars, each containing approximately 29,000 gallons of Bakken crude oil, derailed, and about half of the tank cars ignited. The resulting explosions and fires destroyed an adjacent home and garage. Local officials declared a state of emergency, nearby water intakes were shut down, and residents in the area were evacuated.

EPA and the West Virginia Department of Environmental Protection joined with other federal, state, and local agencies in responding to the incident. In response to federal and state orders, CSX Transportation has taken steps to remedy the damage and disruption caused by the oil spill. Separately, under a state-negotiated provision, CSX Transportation will help improve surface water quality in the area impacted by the oil spill through a contribution of $500,000 to a state-administered fund to upgrade a water treatment facility in Fayette County, West Virginia.

Some of the oil discharged during and following the train derailment flowed into the Kanawha River and Armstrong Creek. Freshwater bodies are particularly sensitive to fuel spills, which may damage fish and bird habitat and threaten drinking water supplies. 

The proposed settlement is subject to a 30-day public comment period and final court approval. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html. 

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
 
###

HUNTINGTON, W.Va. – A Kentucky man who robbed over $32,000 from a bank in Wayne County pleaded guilty today, announced United States Attorney Mike Stuart. Steve Ray Meeks, 62, of Louisa, Kentucky, entered his guilty plea to bank robbery. U.S. Attorney Stuart commended the investigative efforts of the FBI, the Wayne County Sheriff’s Office, the Louisa, Kentucky, Police Department, the Kentucky State Police, and the West Virginia State Police.

“Meeks was determined to rob the Community Trust Bank and he was ultimately successful,” said United States Attorney Mike Stuart.  “But thanks to the quick response and teamwork of West Virginia and Kentucky law enforcement agencies, he was quickly apprehended and brought to justice.”

Meeks admitted that on January 12, 2018, he robbed the Community Trust Bank in Fort Gay. The day before, Meeks admitted that he had approached the bank with his hood over his head and a ski mask covering his face and tried to get in after the bank had closed. During the morning staff meeting at the bank prior to opening, the bank employees discussed the individual they saw who had tried to get in the day prior. After that meeting, the same individual with the exact same clothes on tried to get in the bank again before it opened. Meeks admitted that he left and returned to the bank after it opened, when he could get in the unlocked door. Meeks further admitted that upon entering the bank, he brandished a weapon that appeared to be a handgun, requested that the tellers put all the money in a bag he brought with him, and threatened to shoot or kill them all.

Following the robbery, Meeks admitted that he drove into Kentucky with a Wayne County Sheriff’s deputy pursuing him, who then shortly after entering Kentucky, turned over the pursuit to a Louisa Police Department officer. Meeks admitted that during the pursuit, he threw large sums of cash from the robbery out the window. Law enforcement deployed stop strips to flatten his tires and Meeks was apprehended. The weapon from the robbery was later found in Fort Gay along the path where Meeks initially fled on foot, and it was discovered to be a BB gun that resembled an actual handgun, without an orange cap on the barrel or any other safety markings to indicate otherwise. Investigators and bank employees determined that the amount Meeks robbed was approximately $32,372.00.    

Meeks faces up to 25 years in federal prison when he is sentenced on October 22, 2018.

Assistant United States Attorney Clint Carte is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the plea hearing.

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
 
###

CHARLESTON, W.Va. – A Saint Albans man pled guilty today to a federal fentanyl charge, announced United States Attorney Mike Stuart.  Travis Raynard Edwards, 30, entered his guilty plea to possession with intent to distribute 40 grams or more of fentanyl before United States District Judge Irene C. Berger.  Stuart commended the investigative efforts of the Drug Enforcement Administration.

“Our efforts are focused on getting guys like Edwards off the streets,” said United States Attorney Mike Stuart.  “We will prosecute every dealer of fentanyl to the fullest extent of the law.  As announced just last week, we are dedicating even more resources to address the problem of synthetic opioids.”

On March 2, 2018, DEA task force officers executed a search warrant at Edwards’ apartment on Shadyside Road in Saint Albans.  They seized 195 grams of fentanyl and two firearms.  Edwards has prior felony convictions of unarmed robbery and delivery of a controlled substance. 

Edwards faces a mandatory minimum of five years and up to 40 years in prison when he is sentenced on October 25, 2018.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 
 
 
 

CHARLESTON, W.Va. – An Ohio man was sentenced today to federal prison for his role in a methamphetamine distribution conspiracy, announced United States Attorney Mike Stuart. Joshua Gregory Richardson, age 34, of Columbus, Ohio, was sentenced to 71 months’ imprisonment.  Richardson had previously pled guilty in in February of this year.  Stuart praised the work of MDENT.

“The influx of meth continues,” said United States Attorney Mike Stuart.  “I applaud this conviction that puts another meth dealer behind bars.”

From approximately December 1, 2016, to December 20, 2016, Richardson was a supplier of dealer amounts of methamphetamine to another dealer in Cross Lanes, West Virginia.    On December 20, 2016, members of the Metropolitan Drug Enforcement Network Team (MDENT) conducted a controlled purchase of approximately 1 ounce of methamphetamine from the local Cross Lanes dealer.  After the controlled purchase, but before the agents left the area, Richardson arrived to collect money owed him for methamphetamine he had previously provided the local dealer. Agents followed Richardson from Cross Lanes into Ohio, where Ohio authorities conducted a traffic stop of his  vehicle. A drug dog was at the scene and positively indicated on the vehicle. No drugs were found at the time.  Richardson, however, possessed $9883 in cash at the time of the stop, $900 of which was pre-recorded buy money from the controlled purchase conducted in Cross Lanes earlier that day. Agents also downloaded text messages between defendant and the local dealer in which they discuss the sale of methamphetamine.  The court also ordered that the cash found on him in Ohio be forfeited to the United States.

United States District Court Judge Irene C. Berger imposed the sentence.  Assistant United States Attorney R. Gregory McVey handled the prosecution. 

 

Follow us on Twitter: SDWVNews  

 
###
 
 
 
 
 
 

 

HUNTINGTON, W.Va. – A Detroit woman caught with pain pills in Huntington in 2015 was sentenced today to 6 months in federal prison, announced United States Attorney Mike Stuart.  Kieyonda Annette-Marie Toler, 28, previously pled guilty to possession with intent to distribute oxymorphone in federal court in Huntington.  Stuart commended the investigation conducted by the FBI Drug Task Force.

“A good number of drug carriers have taken the bus from Detroit to Huntington to deliver drugs,” said United States Attorney Mike Stuart.  “And for a good number of those people, the next bus they ride will be headed to a federal prison.” 

On December 3, 2015, members of the Huntington FBI Drug Task Force were conducting surveillance at the Greyhound Bus Station located in Huntington.  Officers observed Toler exit a bus that had arrived from Detroit, Michigan and approached Toler to speak with her.  Officers subsequently seized marijuana and an oxymorphone tablet Toler had in possession and Toler was placed under arrest.  After Toler was transported to the Western Regional Jail, a correctional officer seized an additional 58 oxymorphone tablets Toler had concealed in her pants.  Toler admitted that she intended to provide some of the tablets to Mark Bush upon her arrival in Huntington.

Bush was previously sentenced in August of 2017 to 17 and 1/2 years in federal prison for his role in operating a heroin trafficking conspiracy between Detroit and Huntington.  

Assistant United States Attorney Joseph F. Adams handled the prosecution.  United States District Judge Robert C. Chambers presided over these cases.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 

BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that a Toledo, Ohio drug dealer was sentenced in federal court in Beckley.  William James Springer, 33, was sentenced to 96 months in prison for distribution of oxymorphone.  Stuart praised the work of the Greenbrier Valley Drug and Violent Crime Task Force.

“An Ohio drug dealer getting pills from Detroit to distribute in Greenbrier County,” said United States Attorney Mike Stuart.  “These out-of-state drug dealers have found every corner of our great state and are bringing devastation and misery to our communities.  And we’re going to do our best to protect our citizens by locking them all up.”

Springer pled guilty in April, admitting that on October 5, 2016, he distributed oxymorphone pills to a confidential informant in Ronceverte.  He further admitted that between September 2016 and December 2016 he was involved in distributing a total of about 300 40 mg oxymorphone pills in Greenbrier County, including pills which he distributed as charged in the indictment.

The investigation previously resulted in lengthy prison sentences for three other people who were involved with Springer in his scheme of bringing oxymorphone from Detroit to sell in Greenbrier County.  Joshua Adam Smith, 36, of Lewisburg, pled guilty to distribution of oxymorphone and was sentenced to 96 months.  Tremaine Dean Pool Jr., 23, of Romulus, Michigan, pled guilty to possession with intent to distribute oxymorphone and was sentenced to 40 months.  Jessica Nicole Honaker, 26, of White Sulphur Springs, pled guilty to aiding and abetting the distribution of oxymorphone and received a sentence of 24 months.

Assistant United States Attorney John File handled the prosecution.  United States District Court Judge Irene C. Berger imposed the sentence on Springer. 

 

Follow us on Twitter: SDWVNews

  
 
###
 

New Indictment Adds Obstruction of Justice Charge

CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that the federal grand jury which returned the original indictment against West Virginia Supreme Court of Appeals Justice Allen H. Loughry II last month has today returned a superseding indictment. Loughry, 47, of Charleston, West Virginia, was charged on June 19, 2018, in a 22-count Indictment that was unsealed today. The new indictment adds an obstruction of justice count, in addition to the existing wire and mail fraud, false statements, and witness tampering offenses.

The new count charges that between December 4, 2017, and May 24, 2018, Loughry knowingly and corruptly endeavored to influence, obstruct, and impede the due administration of justice—a pending federal grand jury investigation the existence of which Loughry was well aware, according to the superseding indictment. The superseding indictment goes on to explain that Loughry allegedly obstructed justice by, among other things, deflecting attention away from his own misconduct and blaming others for improperly using Supreme Court funds and property; creating a false narrative about when a Cass Gilbert desk was moved to his home and under whose direction; using invoices not related to the transfer of a leather couch and the Cass Gilbert desk to his home in 2013 to buttress the false narrative he created, and repeating the false narrative to a Special Agent of the FBI in an interview on March 2, 2018.

“Today, a federal grand jury returned a superseding indictment against West Virginia Supreme Court of Appeals Justice Allen Loughry,” said United States Attorney Mike Stuart.  “The new indictment adds another very serious charge -- obstruction of justice -- which, in addition to the charges included in the original indictment, expose  Loughry to a possible sentence of 405 years in prison.  It’s very disappointing that a former Chief Justice of the highest court in the State of West Virginia would engage in such egregious conduct.  Obstruction of justice is one of the most serious of offenses and for that conduct to be conducted by a Supreme Court Justice is, frankly, just plain stupefying.”

The 23-count Indictment charges Loughry with sixteen counts of mail fraud (Counts 2, 3, 4-17), which carry a penalty of up to 20 years for each count; two counts of wire fraud (Counts 1 and 19), which carry a penalty of up to 20 years for each count; three counts of making false statements to a federal agent (Counts 21-23), which carry a penalty of up to 5 years for each count; one count of witness tampering (Count 18), which carries a penalty of up to 20 years; and the new charge in Count 20 for obstruction of justice, which carries a penalty of up to 10 years in prison.  If convicted on all counts in the Indictment, Loughry faces a possible sentence of up to 405 years in prison, a fine of $5.75 million, and a term of supervised release of up to 3 years.

The superseding indictment can be found

here .

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

###

CHARLESTON, W.Va. – A Wayne County man pled guilty today to a sex crime, announced United States Attorney Mike Stuart.  Joshua I. Morrison entered his guilty plea to one count of sexual abuse of a minor.  Stuart commended the investigation conducted by the Federal Bureau of Investigation. 

“It’s a parent’s worst nightmare,” said United States Attorney Mike Stuart.  “To have a child victimized in this way is unimaginable period.  But to think it would happen while on a family vacation is even worse.  My office stands ready to prosecute every single child sex offender brought to us by our law enforcement partners.”

Morrison admitted that the sexual abuse took place on board a cruise ship in international waters on or about 12 a.m. on January 9, 2016.  He admitted that he was 18 years old at the time, the minor was 12 years old at the time, and he knew the minor was 12 years old at the time.  He further admitted that she performed oral sex on him and that he attempted to engage in sexual intercourse.

Morrison faces up to 15 years in federal prison when he is sentenced on October 11, 2018.  He will also be required to register as a sex offender.

Assistant United States Attorney Emily J. Wasserman is handling the prosecution.  The plea hearing was held before United States District Judge Joseph R. Goodwin.

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

 

Follow us on Twitter: SDWVNews  

 
###
 

ADDITIONAL AUSA POSITION ALLOCATED IN CONJUNCTION WITH OPERATION SYNTHETIC OPIOID SURGE (S.O.S.)

SDWV Receives 1 of only 10 positions in the Country

CHARLESTON, W.Va. –  Earlier today, Attorney General Jeff Sessions and U.S. Attorney Mike Stuart today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.

As part of Operation S.O.S., the Department of Justice selected the United States Attorney’s Office for the Southern District of West Virginia (SDWV) as one of only 10 districts in the nation, to launch this important enforcement surge. With Operation S.O.S., a new additional AUSA is being allocated to the District solely to focus on implementing the new surge. 

In addition to the new resources of Operation S.O.S., the Attorney General and DOJ previously announced an additional four prosecutors are being allocated to the SDWV. The new prosecutors represent the largest single increase of new prosecutors in the history of the SDWV and the largest percentage increase for any district in the nation. 

“In the six months since I became United States Attorney, five additional prosecutors have been allocated to my office,” said United States Attorney Mike Stuart. “It is unprecedented. More new positions than Miami, Pittsburgh, Philadelphia, Phoenix, or many of the largest, fastest growing areas in the country. Literally the largest percentage increase of any district in the entire nation. This is the largest increase of new AUSAs in the history of the SDWV and is a testament to the hard work and accomplishments of my entire team. 

The number of cases we are prosecuting, particularly in the area of drugs and violent crimes, have substantially and exponentially increased since I took office.  For example, we have seen a nearly 400% and 80% increase in prosecutions of illegal firearms and illicit narcotics, respectively. IT’S BIG! IT’S HUGELY BIG!

With five additional prosecutors, I can assure you this trend will continue and we can dedicate even more resources to our offices in Beckley and Huntington in addition to our growth in Charleston.  I am beyond grateful for the trust and confidence the Attorney General and the Department of Justice have demonstrated in my leadership and in the efforts of my staff by awarding the District with such a significant increase in prosecutors.  

We are excited by the opportunity to grow the office and bring in even more bright, capable, hard-working attorneys to focus on crime issues important to the citizens of West Virginia.

These are exciting times and maybe the most significant time for law enforcement in the history of southern West Virginia. We are literally shaping the future of law enforcement in this district for at least the next generation.”

 

Follow us on Twitter: SDWVNews  

 

###

 

 

 

SDWV 1 of 10 Sites Selected in the Country

CHARLESTON, W.Va. –  Attorney General Jeff Sessions and United States Attorney Mike Stuart today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.

As part of Operation S.O.S., the Department will launch an enforcement surge in 10 districts with some of the highest drug overdose death rates, including the Southern District of West Virginia.  In 2016, an estimated 890 people died of drug overdoses in West Virginia, 574 of which occurred in the Southern District of West Virginia.  Opioid-related overdoses accounted for 492 of the District’s overdose deaths, with 226 of them being fentanyl-related.

Each participating United States Attorney’s Office (USAO) will choose a specific county and prosecute every readily provable case involving the distribution of fentanyl, fentanyl analogues, and other synthetic opioids, regardless of drug quantity. The surge will involve a coordinated DEA Special Operations Division operation to insure that leads from street-level cases are used to identify larger scale distributors. Operation S.O.S. was inspired by a promising initiative of the United States Attorney’s Office in the Middle District of Florida involving Manatee County, Florida.

"When it comes to synthetic opioids, there is no such thing as a small case," Attorney General Sessions said. "In 2016, synthetic opioids killed more Americans than any other kind of drug. Three milligrams of fentanyl can be fatal--that's not even enough to cover up Lincoln's face on a penny. Our prosecutors in Manatee County, Florida have shown that prosecuting seemingly small synthetic opioids cases can have a big impact and save lives, and we want to replicate their success in the districts that need it most. This new strategy—and the new prosecutors who will help carry it out—will help us put more traffickers behind bars and keep the American people safe from the threat of these deadly drugs."

In addition, the Organized Crime Drug Enforcement Task Forces (OCDETF) Executive Office will send an additional two-year term Assistant United States Attorney to each participating district to assist with drug-related prosecutions.

“I really appreciate the confidence that the Attorney General has demonstrated in my leadership and the work being done in my office,” said United States Attorney Mike Stuart.  “Our aggressive law enforcement actions are being recognized and rewarded by the Administration and the Department of Justice.  We fully intend to capitalize on this historic opportunity for West Virginia.  We look forward to working closely with our federal, state and local law enforcement partners to make this new AUSA position as productive as possible and significantly reducing the number of synthetic opioid overdose deaths in the District.”

The 10 participating districts are:

Northern District of Ohio

Southern District of Ohio

Eastern District of Tennessee

Eastern District of Kentucky

Southern District of West Virginia

Northern District of West Virginia

District of Maine

Eastern District of California

Western District of Pennsylvania

District of New Hampshire

In Manatee County, a county just south of Tampa with a population of about 320,000, overdoses and deaths skyrocketed in 2015 (780 overdoses/84 opioid related deaths) and 2016 (1,287 overdoses/123 opioid related deaths). In summer of 2016, local law enforcement reported frequent, street-level distribution of fentanyl and carfentanil for the first time.

To combat this crisis, the Middle District of Florida committed to prosecuting every readily provable drug distribution case involving synthetic opioids in Manatee County regardless of drug quantity. The effort resulted in the indictments of forty five traffickers of synthetic opioids. Further, from the last six months of 2017 to the last six months of 2016, overdoses dropped by 77.1% and deaths dropped by 74.2%. Overall, the Manatee County Sheriff’s Office went from responding to 11 overdoses a day to an average now of less than one per day. 

Follow us on Twitter: SDWVNews  
 

###

Defendants are the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation

BLUEFIELD, W.Va. –  Five men were sentenced today to federal prison for their roles in a drug trafficking organization, announced United States Attorney Mike Stuart. Shawn Akiem Anderson, 44, of Mount Hope, was sentenced to 108 months, or 9 years, in federal prison.  Shaun Jones, 40, Jonathan Vincent Moore, 34, and Charles E. Hill, 54, all of Beckley, were sentenced to 120, 97, and 60 months in federal prison, respectively.  Corey Larkin, 38, also of Beckley, was determined to be a career offender and sentenced to 188 months, or 15 years and 8 months, in federal prison.  

Yesterday, Esau Burnett, 39, of Beckley, was sentenced in conjunction with his role in the drug trafficking organization.  Burnett was sentenced to 66 months in federal prison after previously entering a plea to conspiracy to distribute and possession with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine.  Velarian Carter will appear tomorrow before Senior United States District Judge David A. Faber for sentencing.

Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“Heroin. Fentanyl. Methamphetamine. Crack. Cocaine. Marijuana. Guns. A career offender. A prison inmate already serving a 20 year sentence still running a drug business back in his hometown,” said United States Attorney Mike Stuart.  “Raleigh County is no doubt a safer place to live with these drug dealers behind bars.  As a result of great teamwork and a thorough investigation, this drug trafficking organization has been shut down.”

Shawn Anderson previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute less than 50 kilograms of marijuana and admitted that between May 2017 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine, heroin, and marijuana. Anderson admitted to working with Detria Carter and others to distribute marijuana in and around Raleigh County. Anderson also admitted that he distributed or possessed with the intent to distribute approximately 44 kilograms of marijuana during this time frame. Funderburk previously admitted that between August 2016 and March 1, 2017, he assisted Velarian Carter, Detria Carter, and others, in operating a drug trafficking organization. Funderburk also admitted that on March 1, 2017, he was arrested in Charleston, and during a subsequent search, police discovered that he possessed cocaine, crack, and methamphetamine. Funderburk also possessed a Glock 27, .40 caliber, semi-automatic pistol, that he admitted was used for protection of his drugs and drug proceeds.

Shaun Jones previously entered a guilty plea to possession with intent to distribute more than 100 grams of heroin and admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine and heroin. Jones admitted to working with James Rodney Staples and others to distribute cocaine and heroin in and around Raleigh County. Jones also admitted that on June 28, 2017, law enforcement officers executed a search warrant at his residence.  During the search officers found over 200 grams of heroin, a quantity of methamphetamine, a quantity of cocaine, and over $50,000 in cash.  Jones admitted he intended to distribute the controlled substances found in his house.  The money seized is being forfeited as the cash represented the proceeds of his illegal drug trafficking activity.

Corey Larkin previously entered a plea to conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin.  At his plea hearing he admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and heroin in and around Beckley, Raleigh County, West Virginia. During this time he admitted to distributing approximately one kilogram of cocaine.  Larkin also admitted that on June 14, 2017, police officers made a traffic stop on a car he was driving.  During the stop, officers seized 133.97 grams of a mixture containing heroin and fentanyl, and $2,983 in cash.  Larkin further admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley.  Officers found over $8,000 in cash, approximately 41 grams of cocaine, and a kilo press, often used to compress powder cocaine into “bricks.”  Larkin has agreed to forfeit all the cash seized. 

Jonathan Moore previously admitted that between August 2016 and June 28, 2017, he took part in the drug trafficking conspiracy with multiple participants involving the distribution of cocaine and heroin.  He further admitted that on April 26, 2017, the Drug Enforcement Administration, with the assistance of a confidential informant, made a controlled purchase of approximately one ounce of cocaine from Moore at his residence in Beckley.  He also admitted that on June 28, 2017, a search warrant was executed at his residence.  During the search, officers found over 1,500 grams of cocaine, eight firearms, and over $90,000 in cash.  He agreed to forfeit the firearms and over $90,000 in cash that was obtained through the illegal drug trafficking network. 

Charles Hill previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine.  Hill previously admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and more than 28 grams of cocaine base, or “crack,” in and around Beckley, Raleigh County, West Virginia.  Hill also admitted to assisting Velarian Carter, Detria Carter, and Rashaun Carter in distributing ‘crack,” in Raleigh County.  During this time he admitted to distributing and possessing with intent to distribute approximately 15 ounces of “crack.”  Hill further admitted to meeting with other members of the drug trafficking organization to discuss and plan the manufacturing of cocaine into cocaine base.  When officers executed a search warrant at Hill’s residence in Beckley on June 28, 2017, they recovered an additional 47.17 grams of “crack” that Hill intended to distribute in the community of Beckley. 

Esau Burnett previously admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and more than 28 grams of cocaine base, or “crack,” in and around Beckley, Raleigh County, West Virginia.  Burnett admitted to assisting in manufacturing cocaine into “crack.”  During this time he admitted to distributing and possessing with intent to distribute approximately 20 ounces  of cocaine.  Burnett further admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley.  Officers found $2,797 in cash, and a quantity of “crack.”  Burnett admitted that the cash was obtained through the illegal drug trafficking activity and has agreed to forfeit the cash to the United States. 

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

Several other individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on August 13, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  Karl Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime and is also scheduled for sentencing on August 13, 2018.  George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone and is scheduled for sentencing on July 25, 2018.  He faces at least five years and up to 40 years in federal prison.

Jonathan O. Brockman of Kimberly, Fayette County, previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration.  David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone.  Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl.  Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 26, 2018.

Derrick L. Staples, of Charleston, entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018.  Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 26, 2018.

Several defendants in this case have already been sentenced.  Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively.  Rory White of Montgomery was sentenced to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison.  Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone. 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart

 
 
###
 

 

BECKLEY, W.Va. – A Beckley firefighter pled guilty today to committing mail fraud, announced United States Attorney Mike Stuart.  Michael Cowger, 50, admitted that he fraudulently received over $20,000 from the City of Beckley, West Virginia University, and Beaver Volunteer Fire Department.  Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Beckley Police Department.

“First responders – firefighters, policeman and others – are role models and heroes in our communities,” said United States Attorney Mike Stuart.  “It is disheartening when someone who should be a role model is responsible for fraud and deceit,” said United States Attorney Mike Stuart. “Although the resulting losses may seem minimal to some,  no level of fraud is insignificant when committed by an individual in a position of trust.”   

Cowger served as a firefighter at the Beckley Fire Department, worked as a part-time instructor for West Virginia University’s College of Engineering and Mineral Resources, and volunteered at the Beaver Fire Department, where he held the position of Fire Chief.   Cowger admitted that he submitted reimbursement requests for supplies, travel, and training expenses to those entities, when he knew he had already sought reimbursements  for the same expenses or another entity had already paid the expenses.  For example,  Cowger used his West Virginia University Purchasing Card (“P-Card”), a credit card that WVU paid directly, to purchase gas and rent a vehicle for certain trainings, yet also requested mileage from the City of Beckley for those same trainings, falsely indicating that he used his personal vehicle for the same travel, when in fact he had used a vehicle rented via the P-Card. Cowger also admitted that to complete his scheme, at times he created fictitious and duplicate receipts on his computer. He also admitted that he manipulated his hotel and training reservations and payments at times to ensure that he received two receipts with two different credit card numbers for the same events to conceal from the City of Beckley that he had used a WVU P-Card to pay for the events. 

Cowger agreed to pay restitution in the following amounts: $15,638.28 to the City of Beckley; $5,099.64 to West Virginia University; and $204.85 to the Beaver Volunteer Fire Department.

Cowger faces up to 20 years in federal prison when he is sentenced on September 17, 2018.

Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. United States District Judge Irene C. Burger presided over the hearing.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

###

CHARLESTON, W.Va. – A Charleston man caught selling methamphetamine in June 2017 pleaded guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. William Naylor, 30, entered his guilty plea to an indictment charging him with conspiracy to distribute methamphetamine.  Stuart praised the joint investigation conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.  

“We are prosecuting an increasing number of meth defendants,” said United States Attorney Mike Stuart.  “This is a most disappointing trend.  And for those drug users that think meth is safer than heroin – beware – we are finding that meth is often laced with other drugs and leading to overdoses.”

Naylor admitted that from at least June 2017 to September 2017, he worked with Melody Legg to distribute methamphetamine in Kanawha County.  As part of the plea agreement, Naylor admitted to distributing methamphetamine to a confidential informant in June 2017.   

Naylor faces up to 20 years in federal prison when he is sentenced on October 4, 2018.

The plea hearing was held before United States District Judge Joseph R. Goodwin.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

 

Follow us on Twitter: SDWVNews  

 
###
 

 

CHARLESTON, W.Va. – Multiple defendants pled guilty to federal methamphetamine charges today, announced United States Attorney Mike Stuart.  Stuart praised the efforts of law enforcement agencies working in partnership with his office to fight the recent resurgence of methamphetamine in West Virginia. 

“As methamphetamine continues to become the illicit drug of choice throughout southern West Virginia,” said United States Attorney Mike Stuart, “my Office will continue to work with our law enforcement partners to vigorously prosecute meth distributors peddling their poison in our communities.  We are going to use every resource available to us to ensure that today’s meth doesn’t become the crisis that opiates have posed to our communities and families.”

TWO PLEAD GUILTY TO ROLES IN FEDERAL DRUG CONSPIRACY

Travis Thomas, 26, and Melody Legg, 43, entered their guilty pleas to an indictment charging them with conspiracy to distribute methamphetamine.  The joint investigation was conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.  

Thomas admitted that from at least June 2017 to September 2017, he supplied Melody Legg and others with five grams or more of methamphetamine to distribute for money in Kanawha County.   As part of the plea agreement, Thomas admitted to distributing approximately 23 grams of methamphetamine to Melody Legg in August 2017.  Legg admitted that from at least June 2017 to September 2017, she distributed methamphetamine for Travis Thomas and others in Kanawha County.  She conspired with Travis Thomas, William Naylor, Timothy Boggs, and Michael Ginther to distribute more than 50 grams of methamphetamine in exchange for money.   

Thomas faces at least 5 years but not more than 40 years in federal prison and Legg faces 10 years to life in federal prison when they are sentenced on October 3, 2018.

The plea hearings were held before United States District Judge Joseph R. Goodwin.  Assistant United States Attorney Stephanie S. Taylor is in charge of the prosecutions.

CHARLESTON MAN PLEADS GUILTY TO DISTRIBUTION OF METHAMPHETAMINE

CHARLESTON, W.Va. -- Charles Smith, 42, of Charleston, pled guilty today before United States District Court Judge John T. Copenhaver, Jr., to distribution of 50 grams or more of methamphetamine.  The Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department conducted the investigation.

Smith admitted to providing approximately 5 ounces of methamphetamine to a confidential informant working with the DEA in exchange for $1800 on January 30th of this year. The transaction occurred on the parking lot of the Save-A-Lot Store on Virginia Street west in Charleston.

Smith faces from 10 years to life imprisonment and a $10,000,000 fine when he is sentenced on October 16, 2018.  AUSA John Frail is handling the prosecution.

BOONE COUNTY MAN PLEADS GUILTY TO METHAMPHETAMINE CHARGE

Larry Dingess, 49, of Nellis, Boone County, also pled guilty before United States District Court Judge John T. Copenhaver, Jr., to possessing methamphetamine for distribution.  The Boone County Sheriff’s Department conducted the investigation.

Dingess admitted that on March 17, 2016, he was found to be in possession of a large quantity of methamphetamine during a search of his person by members of the Boone County Sheriff’s Department.  Deputy Sheriff’s had gone to Dingess’ Nellis home to arrest him on an unrelated warrant when he was found in possession of methamphetamine.

Dingess faces from 5 to 40 years imprisonment and a $5,000,000 fine when he is sentenced on October 11, 2018.

 

Follow us on Twitter: SDWVNews and USAttyStuart  

 
###

CHARLESTON, W.Va. – A Roane County man pled guilty today to a child pornography crime, announced United States Attorney Mike Stuart. Devin Wolfe entered his guilty plea to one count of receipt of child pornography.  Stuart commended the investigation conducted by the Federal Bureau of Investigation and the West Virginia State Police.

“Prosecuting child pornography crimes is a priority for my office,” said United States Attorney Mike Stuart.  “We will continue to work with law enforcement to protect our most vulnerable by vigorously prosecuting pedophiles who prey on children.”

Wolfe admitted to possessing images and videos depicting child pornography on October 12, 2016.  He received these images and videos from the internet, including from the website “4chan.”  One of the images, which he downloaded on August 21, 2016 at his residence in Roane County, depicted an adult male engaged in sexual intercourse with a prepubescent female.  Wolfe further admitted to possessing at least 6 videos and 730 images.  Many of the minors depicted in the videos and images have been identified by the National Center for Missing and Exploited Children.

Wolfe faces at least 5 and up to 20 years in federal prison when he is sentenced on October 10, 2018.  He will also be required to register as a sex offender.

Assistant United States Attorneys Jennifer Rada Herrald and Emily Wasserman are handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 
 
 
 

 

 

 

CHARLESTON, W.Va. – A Hurricane man who possessed a firearm in April 2017 was sentenced today to 27 months in federal prison, announced United States Attorney Mike Stuart. Brandon Pistore, 34, previously pled guilty to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the St. Albans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

On April 19, 2017, an officer with the St. Albans Police Department stopped a vehicle Pistore was driving and discovered a gun. The officer seized the firearm, a Davis Industries, Model P380 pistol. Pistore later admitted that it was his gun. He was prohibited from possessing any firearm under federal law because of a 2006 federal drug conviction for conspiracy to manufacture methamphetamine.  

“Just another felon with an illegal firearm,” said United States Attorney Mike Stuart.  “So many felons and so many illegal firearms, too many press releases read the same.  That’s okay.  We are going to keep arresting and prosecuting them to the fullest extent of the law for the longest prison sentences possible.”

Assistant United States Attorney Meredith George Thomas was in charge of the prosecution. Senior United States District Judge David A. Faber handed down the sentence.

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

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 

CHARLESTON, W.Va. – A Parkersburg man pled guilty yesterday to a federal gun charge, announced United States Attorney Mike Stuart.  Anthony Michael Mowery, 42, entered his guilty plea to being a felon in possession of a firearm before United States District Judge Joseph R. Goodwin.  Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

“Recidivism is real,” said United States Attorney Mike Stuart.  “Far too often convicted felons like Mowery, who are prohibited from possessing guns, continue their criminal conduct.   Prosecution of felons in possession of firearms is vital to public safety.”

On August 19, 2016, Mowery possessed a Hi Point 9mm semiautomatic pistol during an argument he had with Joseph Daniel Mills near the little league baseball field in the vicinity of Buckeye Street and Camden Avenue in Parkersburg.  Video evidence provided by Mills showed Mowery brandishing a pistol at Mills from the passenger seat of a vehicle.  During the altercation, Mowery fled with the driver, abandoning the vehicle at the scene.  Police recovered nine millimeter ammunition from the vehicle and a Hi Point pistol and magazine in the field nearby.   Mowery was prohibited from possessing the firearm as a result of his previous felony convictions for child abuse and unlawful assault.  In an unrelated matter, Mills has since been convicted of methamphetamine trafficking and was sentenced on May 25, 2018 to 108 months in federal prison. 

Mowery faces up to 10 years in prison when he is sentenced on October 4, 2018.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 
 

###
 
 
 
 
 
 

 

CHARLESTON, W.Va. – A Parkersburg woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart.  Amie Nicole VanCamp, 36, entered her guilty plea to obtaining a controlled substance by misrepresentation, fraud, forgery, deception and subterfuge. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the Parkersburg Police Department.

“A medical professional that succumbs to opioid addiction and diverts pain medication away from patients who need it is tragic, and unfortunately, not all that uncommon,” said United States Attorney Mike Stuart.  “We will continue to work with DEA and our state and local law enforcement partners to prosecute cases like this as part of our efforts to combat the opioid epidemic.”

VanCamp was formerly employed as a staff nurse by Camden Clark Medical Center in Parkersburg from 2014 until her termination on June 27, 2015. Part of her job at the hospital was administering medication to patients. She admitted that she became addicted to pain pills such as oxycodone and hydrocodone, and on several occasions took pills intended for patients for her personal use. She also admitted that she would fraudulently document that the medication had been dispensed to the patient. She specifically admitted that on June 23, 2015, she took two 5mg hydrocodone pills that were intended for a patient, and instead of dispensing the medication, kept the pills for her personal use and falsely documented in the patient file that the medication had been given to the patient.

VanCamp faces up to four years in federal prison when she is sentenced on October 1, 2018.

Assistant United States Attorney Clint Carte is responsible for the prosecution. United States District Judge John T. Copenhaver, Jr., presided over the plea hearing.

Follow us on Twitter: SDWVNews and USAttyStuart 

 

###

Defendant is latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation

BECKLEY, W.Va. – A Beckley woman was sentenced to federal prison on drug charges, announced United States Attorney Mike Stuart. Detria Carter, 33, of Beckley, previously entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine.  Carter was sentenced to 151 months, or 12 years and 7 months, in federal prison.  U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“Instead of learning a lesson from her brother who was locked up on unrelated drug charges, Detria Carter decides to maintain his drug business,” said United States Mike Stuart.  “Now she’ll be spending almost 13 years in federal prison.”

Carter previously admitted that between October 2016 and June 28, 2017, she took part in a drug trafficking conspiracy with multiple participants.  During this time period, she was assisting her brother in maintaining a drug trafficking organization while he was incarcerated on unrelated drug charges.  The drug trafficking organization was responsible for distributing cocaine, crack cocaine, and heroin in and around Raleigh County. During the course of the conspiracy, Carter admitted to having other participants in the conspiracy cook cocaine into cocaine base or “crack” at her house and to distributing the controlled substances in and around Southern West Virginia. 

Additionally, Carter admitted that on May 25, 2017, she was stopped by an officer with the Beckley Police Department.  At this time, Carter possessed 996 grams of cocaine, approximately 454 grams of cocaine base, or “crack,” and a quantity of fentanyl.  Carter admitted that it was her intent, and the intent of the drug trafficking organization, to distribute these controlled substances in Raleigh County.  Police officers also found two firearms within the same bag the controlled substances were found.

Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Six defendants have been sentenced for their involvement in the drug conspiracy.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene C. Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months.  Judge Berger also sentenced Rory White of Montgomery to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison by Judge Berger.  Dominic Copney of Beckley, has been sentenced to two years in federal prison by Senior United States District Judge David A. Faber.  Donald Scalise, of Montgomery, was sentenced to three years in federal prison for conspiring to distribute oxycodone.  He was also sentenced by United States District Judge Irene C. Berger.  Others still awaiting sentencing include Velarian Carter, of Beckley, who faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on July 10, 2018.  Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on July 2, 2018.  Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on July 11, 2018.   

Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on July 10, 2018.

Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin.  Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018. 

Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin.  He also faces at least five years and up to 40 years in federal prison when he is sentenced on July 11, 2018. 

Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine.  He faces at least five years and up to 40 years in federal prison when he is sentenced on July 10, 2018.  James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on July 10, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.

George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone.  Charles Hill, aka “Unc,” of Beckley, entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine.  They both face at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.

Jonathan O. Brockman of Kimberly, Fayette County, previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration.  David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone.  Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl.  Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.

Derrick L. Staples, of Charleston, entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018.  Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 25, 2018.

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

These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
 
###

 

CHARLESTON, W. Va. -- An Indian national and Wisconsin resident who attempted to apply for a West Virginia birth certificate using a fake passport was sentenced yesterday to time served and three years of supervised release, announced United States Attorney Mike Stuart.  Stuart commended the investigative work of the Diplomatic Security Service within the United States Department of State.

“Attempting to obtain or use false personal identification documents is a serious offense,” said United States Attorney Mike Stuart.  “In turn, as a matter of national security, my Office will take cases like this very seriously and prosecute every case to the fullest extent possible.” 

Mohammed Maaz, also known as Adam Rizk, 20, pleaded guilty on May 24, 2018, to passport fraud after he submitted a phony Canadian passport purporting to identify his mother to the West Virginia Department of Health and Human Resources in February 2017.  He was attempting to obtain a birth certificate that he could then use to fraudulently secure a United States passport.  Maaz had been detained since his arrest on March 5, 2018.

Assistant United States Attorney Gabriele Wohl handled the prosecution. The sentence was imposed by United States District Judge Joseph R. Goodwin.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 

 

###

 

 

 

Both defendants had  prior misdemeanor convictions for illegally entering the United States

BECKLEY, W.Va. –  Jeyson Francisco Sanchez-Castillo and Olvin Alexis Ramos-Diaz both were sentenced  to time served for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.   Sanchez-Castillo, 19, of  and Ramos-Diaz, 21, both of Honduras, pleaded guilty on May 2, 2018 and had been in custody since February 28, 2018—nearly four months of federal incarceration.  United States District Judge Irene C. Berger remanded both men for deportation proceedings as immigration authorities had placed a detainer on them.   United States Attorney Mike Stuart praised the work of Immigration and Customs Enforcement (ICE). 

“The revolving door must end,” said United States Attorney Mike Stuart.  “If we want a country, we must have a border.  If people want to come here, they should get in line and enter legally.  Otherwise, they can expect to be prosecuted and deported in every case.” 

On February 28, 2018,  both Sanchez-Castillo and Ramos-Diaz were arrested by ICE agents, who were conducting targeted law enforcement operations in the Beckley area.  Agents observed defendants leaving a home on their way to work to at a restaurant in Beckley, West Virginia.  After stopping the cars and confirming their identity, both men admitted they were not in the United States legally and were placed under arrest.  ICE agents submitted Sanchez-Castillo’s and Ramos-Diaz’s  fingerprints, forensically matching both of them to prior removals from the United States in 2017.  They both also forensically matched Texas misdemeanor convictions of Illegal Entry into the United States.  After being deported, Sanchez-Castillo and Ramos-Diaz both illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Sanchez-Castillo and Ramos-Diaz are citizens of Honduras.

Assistant United States Attorney Erik S. Goes handled both prosecutions.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 

BECKLEY, WV—United States Attorney Mike Stuart announced today that a former Federal Bureau of Prisons official pled guilty to unlawfully engaging in sexual activity with female inmates at the Federal Prison Camp at Alderson.  Stuart commended the investigation conducted by the Federal Bureau of Prisons (BOP), the Department of Justice Office of Inspector General and the Federal Bureau of Investigation (FBI). 

“The Federal Bureau of Prisons is charged with protecting public safety by ensuring federal offenders serve sentences of imprisonment in safe, secure and humane facilities,” said United States Attorney Mike Stuart.  “Grimes’ criminal conduct undermines the very mission of the organization and is not representative of the professionalism BOP expects from employees.  Prosecution of cases like this helps to ensure the protection of federal inmates and the integrity of the criminal justice system.”

Jarred Grimes, 39, of Inverness, Florida, pled guilty to four counts of sexual abuse of a ward and two counts of abusive sexual contact involving a ward.  Grimes admitted to having sexual intercourse with four inmates and other sexual activity with two other inmates between about November 2016 and December 2017.  Grimes was a captain when the crimes occurred, and was in charge of all correctional and security functions at the prison.  Under federal law, the inmates were not capable of giving consent to engage in any sexual activity with Grimes.  Grimes resigned from the Bureau of Prisons in December 2017.  Under the terms of his plea agreement, he faces up to ten years in prison when he is sentenced on October 17, 2018. 

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

 

Follow us on Twitter: SDWVNews  

 
###
 
 
 
 

 

CHARLESTON, W.Va. – A Charleston man caught selling methamphetamine in July 2017 pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Timothy Boggs, 21, entered his guilty plea to an indictment charging him with conspiracy to distribute five grams or more of methamphetamine.  Stuart praised the joint investigation conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.  

“Excellent teamwork by law enforcement resulted in the conviction of this meth dealer,” said United States Attorney Mike Stuart.  “We continue to address the resurgence of meth throughout southern West Virginia communities with aggressive prosecution.”

Boggs admitted that from at least June 2017 to September 2017, he distributed methamphetamine for Melody Legg in Kanawha County.  As part of the plea agreement, Boggs admitted to distributing approximately 13 grams of methamphetamine to a confidential informant in July 2017.   

Boggs faces at least 5 years but not more than 40 years in federal prison when he is sentenced on October 4, 2018.

The plea hearing was held before United States District Judge Joseph R. Goodwin.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

 

Follow us on Twitter: SDWVNews

  
 
###
 
 
 

Comprehensive drug investigation led to the indictment of nearly a dozen defendants, all of whom have now pled guilty

CHARLESTON, W.Va. – Three defendants implicated in a federal heroin conspiracy were sentenced this week, announced United States Attorney Mike Stuart.  Jennifer Benson and Bernard Spann of Parkersburg were sentenced today to 71 and 60 months in prison, respectively, and Dennis Carter of Detroit was sentenced on Monday to 188 months  imprisonment, for guilty pleas each previously  entered  to conspiracy to distribute 100 grams or more of heroin.  Stuart commended the collaborative investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Parkersburg Drug Task Force, the West Virginia State Police, the Wood County Sheriff’s Department, and the Police Departments of the cities of Parkersburg, Vienna, and Williamstown.

“This case brought down a significant heroin distribution network operating in and around Parkersburg,” said United States Attorney Mike Stuart.  “The citizens of Wood County are no doubt safer as a result of this prosecution.  I applaud the thorough investigation conducted by our federal, state and local partners which resulted in 11 convictions and lengthy sentences in this case.”

Benson, Spann, and Carter previously admitted to their involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. Benson and Carter admitted distributing between one and three kilograms of heroin, while Spann admitted to distributing between 100 and 400 grams of heroin.

Debra Martin, Joseph Reeder-Shaw, Ralph White, Jonathan Brown, Heather Wells, Kennedy Walker, Rachel Kuhn and Sir Pritis Williams, all codefendants involved in the same conspiracy as the three defendants sentenced this week, will be sentenced in August.

Assistant United States Attorney John Frail is in charge of these prosecutions. The plea hearings were held before United States District Judge Joseph R. Goodwin.

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 

 
###
 

The Justice Department today announced that John Perry Taylor IV, 34, from Charleston, West Virginia, was indicted by a federal grand jury in the Southern District of West Virginia on a charge of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

The indictment alleges that on or about the evening of Oct. 7, 2017, and into Oct. 8, 2017, in the Southern District of West Virginia, Taylor willfully caused bodily injury to a woman, A.P. The indictment alleges that Taylor caused bodily injury to A.P. using a dangerous weapon because of A.P.’s actual and perceived sexual orientation. Specifically, Taylor made derogatory comments regarding A.P.’s actual and perceived sexual orientation and used a glass bottle to hit A.P. multiple times on her head, causing her to suffer a laceration, bruising, and pain. 

If convicted, Taylor faces a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $250,000.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty.

This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Civil Rights Division Trial Attorney Christine M. Siscaretti and Assistant United States Attorney Gabe Wohl.  

Supreme Court Justice Charged with Obstruction of Justice and other federal Crimes

CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that West Virginia Supreme Court of Appeals Justice Allen H. Loughry II, 47, of Charleston, West Virginia, was charged by a federal grand jury in a 22-count Indictment that was unsealed today.   Loughry is a Justice on the West Virginia Supreme Court of Appeals, who was elected in November 2012 and sworn in on January 1, 2013.  The 22-count Indictment charges Loughrywith numerous fraud, false statements, and witness tampering offenses.

“A federal grand jury has charged a Justice on the state’s highest court with numerous and serious federal crimes,” said United States Attorney Mike Stuart.  “This is a solemn day for all West Virginians.  On this day—West Virginia Day—the people of our great state deserve better.  They have worked too hard and too long to tolerate misconduct that strikes at the heart of the public’s trust by their elected officials.  I intend to do all that I can to ensure that our people have the honest government they deserve.” 

Loughry is accused of using a government vehicle and submitting mileage claims for reimbursement; using a government vehicle and credit card on personal trips; and unlawfully converting to his own use a historically significant piece of furniture – a Cass Gilbert desk.  Justice Loughry was also indicted for attempting to corruptly obstruct and influence testimonial evidence of a Supreme Court employee in an imminent grand jury investigation.

"Public corruption is a top investigative priority for the FBI," said Assistant Special Agent in Charge Nick Boshears. "It erodes public confidence and undermines the Rule of Law. We want the people we serve to know the FBI will hold those accountable who betray the public's trust."

This morning, at approximately 7:30 a.m., Justice Loughry was arrested at his home by the FBI and brought to the Robert C. Byrd Courthouse in Charleston, West Virginia for processing and to schedule arraignment.  The arrest of Justice Loughry was without incident and it is not expected he will be detained pending trial in this matter.

“For the past several weeks, public officials across West Virginia have been quick to condemn Justice Loughry, perhaps with the hope that the crisis in public confidence with the Supreme Court could be expediently resolved by lodging all culpability on just one person – Justice Loughry,” said United States Attorney Mike Stuart. “That may or may not, however, be the case.  Our work continues on many fronts, including additional areas of corruption.  I urge public officials and the public to respect this process and allow the process to play out.”

“I want to praise the hard and thorough work of several law enforcement partners, agencies and individuals,” said United States Attorney Mike Stuart. “The amazing work of the FBI, the West Virginia Legislative Commission on Special Investigations, the Internal Revenue Service—Criminal Investigation Division, and Assistant United States Attorneys Philip H. Wright, L. Anna Forbes, and Eric Bacaj.  Late nights, long weekends, and hours and hours of investigative work – the FBI, WV-CSI, and my prosecutors are to be strongly commended.”

The 22-count Indictment charges Loughry with sixteen counts of mail fraud (Counts 2, 3, 4-17), which carry a penalty of up to 20 years for each count; two counts of wire fraud (Counts 1 and 18), which carry a penalty of up to 20 years for each count; three counts of making false statements to a federal agent (Counts 19-21), which carry a penalty of up to 5 years for each count; and one count of witness tampering (Count 22), which carries a penalty of up to 20 years.  If convicted on all counts in the Indictment, Loughry faces a possible sentence of up to 395 years in prison, a fine of $5.5 million, and a term of supervised release of up to 3 years.

​A copy of the indictment can be found 

here .

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 

HUNTINGTON, W.Va. - A Huntington man pled guilty today to being a felon in possession of ammunition, announced United States Attorney Mike Stuart. Landrius Tyree Boose, 34, entered his guilty plea to possession of ammunition by a prohibited person. U.S. Attorney Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

“A defendant like Boose would often be prosecuted in state court,” said United States Attorney Mike Stuart.  “However, as part of Project Huntington, defendants like Boose are being prosecuted federally because the federal system has stiffer penalties for gun crimes.  We are working closely with the Cabell County Prosecuting Attorney’s Office  to review drug and gun cases to determine the best venue for prosecution.”

On March 22, 2018, a Huntington Police Officer on patrol observed a Honda Accord with an expired registration sticker. The officer activated his emergency lights and began pursuing the vehicle. Boose, the driver of the Honda, admitted that he attempted to flee from the officer by speeding through a residential area of Huntington and crossing several busy intersections while not yielding or stopping for oncoming traffic. Boose further admitted that he eventually stopped at a parking lot, exited the car, and fled on foot.

Law enforcement soon apprehended Boose, and he admitted that he was carrying a backpack with a box of .45 caliber bullets. Boose additionally admitted that he had a set of digital scales and $380 cash in his pockets. Boose was prohibited from possessing ammunition under federal law because of a 2009 felony drug conviction in Cabell County Circuit Court.

Boose faces up to 10 years in federal prison when he is sentenced on September 18, 2018.

Assistant United States Attorney Clint Carte is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.

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

Follow us on Twitter: SDWVNews and USAttyStuart

### 
 

HUNTINGTON, W.Va. – A former Mason County Deputy Sheriff pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart.  Terry Lee Powell, 42, of Point Pleasant entered his guilty plea to possession of a stolen firearm before United States District Judge Robert C. Chambers.  Stuart commended the investigative efforts of the West Virginia State Police and the Mason County Sheriff’s Department.

“I often tell folks that one of my greatest honors as United States Attorney is being able to work every day with West Virginia law enforcement officers who are the best of the best,” said United States Attorney Mike Stuart.  “The overwhelming majority of our law enforcement officers conduct themselves with honor and integrity, and this United States Attorney will have their backs every single day.  However, when a law enforcement official breaks the law, my office will prosecute them to the fullest extent of the law.  For a law enforcement officer such as Powell to steal a gun and sell it to a drug dealer is unconscionable, a violation of public trust, a rebuke of the very law he swore to uphold, and a disgrace to his fellow officers.”

Powell admitted that on July 4, 2015 he seized a World War II era Luger 9mm pistol during an investigation he was conducting at a residence on Ultra Lane in Ashton, West Virginia.  Instead of logging the weapon into evidence, Powell sold it for $2,500 to Eugene Asbury of Gallipolis Ferry.  Mason County Sheriff Gregory Powers had been conducting an internal investigation of Powell when he learned that West Virginia State Troopers found evidence of Powell’s theft and sale of the pistol while executing a federal search warrant at Asbury’s residence in April 2016.  Sheriff Powers referred the matter to the State Police for criminal investigation.  Asbury later pled guilty to federal drug trafficking and money laundering charges as a result of that investigation and will be sentenced on July 30, 2018.  Powell faces up to ten years in federal prison when he is sentenced on September 18, 2018.

Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 
 
 
 

He stole over $178,790 between 2013 and 2016 from Teays Valley Fire Department

In Separate Embezzlement Scheme Wife Embezzles over $75,000 from the Same Fire Department

HUNTINGTON, W.Va. – A Hurricane man and former West Virginia Cabinet Secretary pled guilty today to embezzling $178,790 from the Teays Valley Volunteer Fire Department, as well as to a related tax crime, announced United States Attorney Mike Stuart.  Clifford Keith Gwinn, 64, formerly the Cabinet Secretary of the West Virginia Department of Veterans Assistance, faces up to 15 years in prison, a $500,000 fine, 3 years of supervised release and a $200 special assessment when he is sentenced on September 17, 2018.  He has agreed to pay restitution to the Fire Department in the amount of  $178,790 and to the Internal Revenue Service in the amount of $68,281.  U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, the Office of Inspector General for the U.S. Department of Homeland Security, and the West Virginia Commission on Special Investigations.

“Egregious criminal conduct,” said United States Attorney Mike Stuart. “To steal from our first responders, those that save our lives and protect our homes, for personal greed is beyond comprehension.  It’s disappointing to say the least that a former public official serving at the highest levels of West Virginia state government would steal from first responders, the very folks who would run into danger to save him.  It’s tragic.  My team stands ready to aggressively prosecute elected officials who violate the basic public trust of honest service.”

Gwinn admitted that as Vice President and fiscal officer of the Fire Department, he was in charge of the financial affairs of the Fire Department and exercised significant control over the Fire Department’s finances.  He admitted that his duties included reporting income and expenditures to the Fire Department, preparing and submitting taxes for the Fire Department, and assisting with applications and reimbursements for federal grants, among other duties.   He further admitted that he, without authorization from the Fire Department, opened a Fire Department bank account where only he had signature authority, transferred funds into that account without the knowledge or authorization from the Fire Department, ensured certain health care insurance company reimbursements were deposited into that account, and wrote himself checks and checks to cash out of that account, which he then typically cashed.  He admitted that he further instructed the Fire Department’s Treasurer to write him checks from other Fire Department bank accounts and further misrepresented the amount of bank account balances to the Fire Department officers and board members.  He also admitted that he structured withdrawals out of the Fire Department’s accounts in series of transactions below $10,000, to prevent the banks from filing Currency Transaction Reports.  While he admitted that he systematically deposited cash into Fire Department bank accounts, his overall withdrawals and payments received significantly overwhelmed the amount of any deposits.   He also admitted that he had no authorization to write himself checks or receive and cash checks from the Fire Department, and was not entitled to any compensation. 

During the period from 2013 through 2016 that Gwinn embezzled $178,790 in Fire Department funds, the Teays Valley Volunteer Fire Department received grants from the Federal Emergency Management Agency (FEMA), an agency of the United States Department of Homeland Security. These grants allowed the Fire Department to pay firefighters and to purchase and maintain equipment.

Furthermore, Gwinn admitted that that while he was Vice President and fiscal officer for the Fire Department, the Fire Department withheld taxes from its employee’s paychecks, including federal income taxes, Medicare, and social security taxes, together known as payroll taxes.  He admitted that he knew that he had the corporate responsibility to collect, truthfully account for, and pay over the Fire Department’s payroll taxes.  Gwinn admitted that from October 31, 2015 through April 30, 2017, while Gwinn was a responsible person for payroll taxes, Fire Department failed to account for and pay over approximately $61,421.31 in payroll taxes. 

Gwinn further admitted that when he filed his personal income tax returns with the IRS, those returns were false because they failed to account for the funds he had embezzled from the Fire Department.

In a related prosecution, but separate embezzlement scheme, Gwinn’s wife, Kathy Sue Gwinn, 52, was sentenced yesterday for embezzling over $75,000 from the Teays Valley Volunteer Fire Department.   Kathy Gwinn was ordered to jail for a weekend a month for five months, ten months home confinement, and 3 years supervised release, plus probation.

Gwinn formerly served as the Treasurer of the Teays Valley Volunteer Fire Department. As Treasurer, she generated payroll checks for firefighters and signed the payroll checks on a Fire Department bank account. Gwinn volunteered for the Fire Department, and had no authority to write herself checks, nor was she entitled to wages, salary, or compensation for her role as Treasurer. Beginning in October 2014, and continuing through March 2017, she printed and wrote herself unauthorized checks from the Fire Department’s payroll account, noting on the memo line of the checks that the checks were for payroll, overtime, or tax preparation. Gwinn moved money from one fire department bank account into the bank account primarily used for payroll, and when she transferred those funds, she inflated the amount of the transfer to include enough to cover the unauthorized checks she planned to write to herself. Over the course of her scheme, she embezzled $75,356.70.  Gwinn was ordered to pay this amount in restitution.

During the period Gwinn embezzled funds, the Teays Valley Volunteer Fire Department received grants from FEMA, an agency of the United States Department of Homeland Security. These grants allowed the fire department to pay firefighters and to purchase and maintain equipment.

Assistant United States Attorney Meredith George Thomas was in charge of the prosecutions. United States District Judge Robert C. Chambers presided over the hearings.

 

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
###
 
 
 
 
 
 

HUNTINGTON, W.Va. – A Zanesville, Ohio man who possessed methamphetamine and a firearm in Huntington in 2017 pled guilty today to federal gun and drug charges, announced United States Attorney Mike Stuart. Rico Rodriquez Allen, 43, entered his guilty pleas to possessing with the intent to distribute methamphetamine and possessing a firearm during and in relation to a drug trafficking crime.  Stuart praised the work of the Huntington Police Department.

“Yet another armed, out-of-state drug dealer caught peddling poisons in Huntington,” said United States Attorney Mike Stuart.  “And yet another armed, out-of-state drug dealer that my office has prosecuted to the fullest extent of the law.  It will be a long time before Allen has a chance to step foot in Huntington again.”

On September 16, 2017, an officer with the Huntington Police Department was dispatched to a 911 call of a man slumped over his steering wheel on a private driveway in Huntington.  When officers arrived, Allen refused to exit the vehicle.  As Allen was removed from the vehicle, a Glock 22 pistol fell from underneath Allen.  Officers then obtained a search warrant for the vehicle.  Officers recovered approximately 162 grams of methamphetamine from a void in the center console.  Officers also recovered approximately 100 baggies, two digital scales, and four telephones.

Allen faces not less than 5 years nor more than 40 years in federal prison for the drug charge, and a mandatory minimum consecutive term of at least 5 years in federal prison for the gun charge, when he is sentenced by United States District Judge Robert C. Chambers on September 17, 2018.  Assistant United States Attorney Stephanie S. Taylor is responsible for the prosecution.

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

Follow us on Twitter: @SDWVNews and @USAttyStuart 

 
 
###
 
 

HUNTINGTON, W.Va. –  A Detroit man who led a multi-year conspiracy to distribute heroin in the Huntington area was sentenced today to 20 years in federal prison, announced United States Attorney Mike Stuart. Charles Duncan Pippins, 49, was previously convicted following a jury trial in January 2018 of conspiracy to distribute 100 grams or more of heroin.  Pippins also pled guilty to the other indicted charges – one count of distributing heroin and one count of possessing heroin with intent to distribute.  Stuart commended the investigation conducted by the Cabell County Sheriff’s Department.

“This sentence should put other Detroit drug dealers on notice,”  said United States Attorney Mike Stuart.  “If you come into our communities selling dangerous drugs like heroin and fentanyl, we will lock you up for a very long time.”

During the trial, witnesses for the United States testified that from the summer of 2013 to September 2016, Pippins conspired with others to distribute over 100 grams of heroin in the Huntington area. The evidence showed that during the course of the conspiracy, Pippins recruited multiple co-conspirators who transported heroin on his behalf from his residence in Detroit to Huntington. Witnesses testified that Pippins used the same individuals to distribute heroin, and to rent hotel rooms in their names, which he used for selling heroin. The evidence further showed that Pippins would front heroin to individuals to sell, and that they would bring the cash proceeds back to him at hotels in Huntington or at his residence in Detroit.

Pippins also pleaded guilty to the other indicted charges, admitting that on September 12, 2016, deputies with the Cabell County Sheriff’s Department used a confidential informant to make a controlled purchase of heroin from Pippins. The informant traveled to the Days Inn Hotel located on U.S. Route 60 in Huntington, where Pippins distributed heroin to the informant. Deputies executed a search warrant on his room, and as agents entered, Pippins flushed heroin down the toilet. During the search of the room, deputies seized approximately six grams of heroin that Pippins admitted he intended to sell. An analyst with the West Virginia State Police Forensic Laboratory confirmed that the heroin was mixed with fentanyl, a powerful opiate painkiller.

At today’s sentencing hearing, the Court found that Pippins was responsible for the distribution of at least 3 kilograms of heroin during the conspiracy.  The Court also imposed an increased sentence based on Pippins’ role as an organizer and leader of the conspiracy. 

Assistant United States Attorneys Joseph F. Adams and Matt Davis handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers.

This case was part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
###
 
 
 
 

 

HUNTINGTON, W.Va. – A Branchland man who helped break in a local pawn shop and steal firearms pled guilty today in federal court in Huntington, announced United States Attorney Mike Stuart.  Jonathan Chafin, 18, entered a guilty plea to theft of firearms from a federally licensed firearms dealer before United States District Judge Robert C. Chambers.   Stuart applauded the investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with assistance from the West Hamlin Police Department.

“Theft of firearms is a very serious crime,” said United States Attorney Mike Stuart.  “Stolen firearms most often end up in the wrong hands and involved in violent crimes – crimes that could kill law enforcement and other innocent people.  We cannot and will not tolerate such reckless disregard for the safety of our citizens.  Chafin and his codefendant should pay a serious price for their crimes. ”

On December 7, 2017, Chafin and Robert Lee Reid broke into Sportsmen’s Gun and Pawn located at 6440 US Route 60 in Barboursville to steal firearms.  Reid entered Sportsmen’s through a hole he and Chafin broke in the wall and stole a total of 10 firearms.  While inside, Reid passed the firearms through the hole in the wall to Chafin who waited outside.  Chafin and Reid were subsequently picked up in a vehicle and the vehicle was stopped in West Hamlin by a West Hamlin Police Officer.  During the traffic stop, the officer located the stolen firearms in the rear of the vehicle where Chafin and Reid were seated.  As part of his plea, Chafin also admitted that he assisted Reid in the May 15, 2017, theft of a total of 164 firearms, also from Sportsmen’s. 

Chafin faces up to 10 years in federal prison when he is sentenced on September 18, 2017.

Reid pleaded guilty on June 11, 2017, to multiple federal firearms charges for his role in the thefts and is scheduled to be sentenced on September 10, 2017.

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

 

Follow us on Twitter: SDWVNews and USAttyStuart 

 
###