FEDERAL DISTRICT ARCHIVE
Southern District of West Virginia
Press releases recorded for this federal judicial district.
Federal Jury Finds Charleston Meth Dealer Guilty of Drug CrimesRead the Press Release
CHARLESTON, W.VA. – A federal jury found Don Lamont Wilkerson, 44, of Charleston, guilty of three counts of distributing methamphetamine, announced United States Attorney Mike Stuart. Wilkerson was convicted following a three day jury trial.
United States Attorney Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT).“We are pleased that our community will have one less drug dealer as a result of this jury verdict,” said United States Attorney Mike Stuart. “Wilkerson’s prior felony drug conviction obviously didn’t motivate him to stop being a criminal, so now he gets the privilege of being locked up for a long time.”
Witnesses for the United States testified that Wilkerson sold a total of five ounces of methamphetamine to a confidential informant on three separate occasions in September of 2016. The drug deals took place in retail parking lots in the South Hills and Kanawha City neighborhoods of Charleston. The drugs were subsequently analyzed by the U. S. Customs and Border Patrol’s Savannah laboratory. A forensic chemist testified that the drugs recovered were in fact methamphetamine with a purity level of at least 95%.
Wilkerson, who has a prior felony drug conviction, faces a mandatory minimum of twenty years and up to life in federal prison when he is sentenced on August 7, 2018.
Assistant United States Attorneys Gabriele Wohl and Steven I. Loew are in charge of the prosecution and tried the case before a federal jury. Senior United States District Judge David A. Faber presided over the trial.
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 illegal drugs, including methamphetamine. 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
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Roane County Man Sentenced to 5 Years in Prison for Distributing Child PornographyRead the Press Release
CHARLESTON, W.Va. - A Roane County man was sentenced today to 5 years for a child pornography crime, announced United States Attorney Mike Stuart. Kenneth Frederick Stier, also known as J D Stier, John Stier, John Davis, and John David Stier, a 30-year old from Spencer, West Virginia, previously pled guilty to distributing child pornography. United States District Court Judge Joseph R. Goodwin imposed the sentence. Stier was ordered to serve 20 years on federal supervised release after completion of his prison term, and to pay a $40,000.00 fine. He will also be required to register as a sex offender. Stuart commended the excellent work of the Federal Bureau of Investigation, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, the Roane County Sheriff’s Office, and the Alcohol, Tobacco, Firearms and Explosives.
“Over 600 images of a child were distributed by this predator. It’s disgusting and all like him are true monsters among us,” said United States Attorney Mike Stuart. “Stier’s sentence reflects the serious need to keep him away from our kids. Child porn is a crime of violence and every case and every predator will be dealt with seriously and harshly by my office.”
Stier admitted that he installed Kik messenger on his cell pohone. Kik Kik Messenger is an instant messenger application for mobile devices that allows users to send messages, pictures and videos. An undercover law enforcement operation revealed that on December 13, 2016, Stier used his cell phone to distribute two videos of child pornography to other individuals in a Kik chat group session.
Stier also admitted to distributing child pornography videos on another occasion and to possessing over 600 images and videos.
Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Wood County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Wood County man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Charles “Rusty” Conrad, 26, of Parkersburg, pled guilty to being a prohibited person in possession of a firearm. Conrad is prohibited from possessing any firearms due to a 2012 Wood County felony conviction for fraudulent use of an access device. During his plea hearing, Conrad admitted that on July 8, 2016, he possessed sawed-off .12 gauge shotgun at his Parkersburg residence. United States Attorney Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“I firmly believe in protecting our gun rights by keeping firearms out of the hands of felons like this guy,” said United States Attorney Mike Stuart. “We will work with our law enforcement partners every day of the week to prosecute criminals who violate gun laws.”
Conrad faces up to 10 years in federal prison when he is sentenced on June 20, 2018.
Assistant United States Attorney Matt Davis is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###Three More Defendants Plead Guilty for Roles in Federal Drug ConspiracyRead the Press Release
Defendants are latest to plead guilty out of nearly two dozen indicted after long-term narcotics investigation
CHARLESTON, W.Va. -- Three men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Jonathan Brockman, 34, of Fayette County, pled guilty 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, 47, of Fayette County, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, and a quantity of oxycodone. Rashaun Carter, aka “Show,” 40, 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. Brockman, Coleman, and Carter are three of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia. 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.
“Getting these poison peddlers - Brockman, Coleman, and Carter - off the streets will, pure and simple, save lives. They were pedaling a smorgasbord of opiates – including one of the most dangerous – fentanyl,” said United States Attorney Mike Stuart. “These drug thugs and others like them put kids, families and first responders in jeopardy,” continued Stuart. “We will lock them up every chance we get.”
Jonathan Brockman, admitted that between May 2017 and June 28, 2017, he took part in a drug trafficking conspiracy in Fayette County with multiple participants involving the distribution of heroin, oxycodone, fentanyl, and marijuana. Brockman admitted that he worked with another member of the drug trafficking organization to purchase a kilogram of heroin for the purpose of distributing heroin in and around Fayette County. Brockman further admitted to distributing oxycodone tablets in and around Fayette County. Brockman also admitted that on June 28, law enforcement officers executed a search warrant at his residence and on other property. During the search police officers recovered approximately 14 kilograms of marijuana at Brockman’s residence, 200 oxycodone tablets, and 75 tablets that contained a mixture of heroin, fentanyl, and oxycodone. Brockman intended to distribute all of the controlled substances recovered. Police officers also recovered over $182,000 in cash, 11 firearms, and a boat and trailer that Brockman admitted had been purchased with drug proceeds. Brockman agreed to forfeit the cash and boat as part of his plea agreement.
David Shaun Coleman admitted that between May 2017 and June 28, 2017, he too 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, aka “Show,” 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.
Brockman, Coleman, and Carter each face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Two defendants, Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 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 May 29, 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 May 29, 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 June 5, 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 May 30, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on May 30, 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 June 5, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Brockman, Coleman, and Carter plea hearings were held before Senior United States District Judge David A. Faber.
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
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Guatemalan National Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had a misdemeanor illegal entry conviction in Arizona and two prior removals
HUNTINGTON, W.Va. – Roberto Tulul-Ambrocio pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Mr. Tulul-Ambrocio, 29, of Sonola, Guatemala, faces up to 2 years of incarceration, a 250,000 dollar fine, supervised release for one year, and a special assessment when he is sentenced on May 14, 2018 by United States District Judge Robert C. Chambers. He also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of Immigration and Customs Enforcement (ICE).
“If you’re an illegal and we catch you, we’ll prosecute you and then send you back. If you won’t follow the law to come to the United States, you’ll break our laws when you’re here, you can’t stay,” said United States Attorney Mike Stuart.
On January 16, 2018, Mr. Tulul-Ambrocio was spotted by Immigrations and Customs Enforcement Agents in Hurricane, Putnam County, West Virginia during an investigation of a nearby business location. Approached by two Immigrations and Customs Enforcement Agents, Mr. Tulul-Ambrocio fled on foot and was apprehended after a short chase. Immigration and Customs Enforcement agents confirmed that Mr. Tulul-Ambrocio was not in the United States legally and he was taken into custody. Fingerprints taken from the defendant matched him to two prior removals in 2011. The first 2011 prior removal occurred when he was caught near Tucson, Arizona in August and removed from the United States In October of 2011, Mr. Tulul-Ambrocio was found in Nogalez, Arizona and convicted in federal court of the misdemeanor crime of illegal entry. After this conviction, Mr. Tulul-Ambrocio was subsequently removed again from the United States . Mr. Tulul-Ambrocio then reentered the United States a third time without legal permission from the Secretary of Homeland Security. Mr. Tulul-Ambrocio is a citizen of Guatemala.
Assistant United States Attorney Erik S. Goes is handling the prosecution.
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###Two More Defendants Plead Guilty for Roles in Federal Drug ConspiracyRead the Press Release
Defendants are latest to plead guilty out of nearly two dozen indicted after long-term narcotics investigation
CHARLESTON, W.Va. -- Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. George E. Brockman, II, 37, of Montgomery, entered his guilty 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,” 54, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. Brockman and Hill are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia. 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.
“Brockman and Hill were part of a large drug trafficking conspiracy that sold a smorgasbord of dangerous drugs,” said United States Attorney Mike Stuart. “My Office, along with our law enforcement partners, are serious about getting drug thugs and drug punks off the streets and away from our families. If you are a drug dealer and distributing opiates, cocaine, marijuana or any other illegal drug, we will aggressively prosecute you in the Southern District of West Virginia and seek the harshest penalties available to lock you up as long as we possibly can.”
George E. Brockman, II admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of heroin, cocaine, and oxycodone. Brockman admitted that he obtained over 100 grams of heroin from another co-defendant in this case, and intended to distribute the heroin in the southern district of West Virginia. Brockman further admitted that due to quality issues, he requested another co-defendant, James Rodney Staples, to exchange the heroin for cocaine, which he also planned to distribute in the southern district of West Virginia. Brockman also admitted to working with other members of the drug trafficking organization to obtain a kilogram of heroin and approximately 2000 oxycodone tablets to distribute around Fayette County. On June 28, pursuant to searches performed by law enforcement, police officers recovered 84.49 grams of heroin from a truck that Brockman possessed and over $124,000 that Brockman admitted were drug proceeds. $115,000 of that money was found in the trunk of a 2008 Ford Mustang GT500. Brockman has agreed to forfeit the cash as well as the Ford Mustang. As part of the plea defendant further agreed to the forfeiture of a 2016 Chevrolet Corvette.
Charles Hill 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 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.
Brockman and Hill each face at least five years and up to 40 years in federal prison when they are sentenced on June 5, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 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 May 29, 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 May 29, 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 June 5, 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 May 30, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on May 30, 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.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Brockman and Hill plea hearings were held before Senior United States District Judge David A. Faber.
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
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Four Defendants Sentenced in Connection with Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. -- Four defendants were sentenced to federal prison today on firearm possession and theft charges, announced United States Attorney Mike Stuart. Justin Keith Branham, of Alum Creek, pled guilty to being a felon in possession of a firearm; Joshua Wade Sheets, of Danville, pled guilty to possessing and transferring stolen firearms; and Alisha Marie Esque, of Julian, and Jason Allen Davis, of Van, pled guilty to stealing firearms from a federally licensed firearms dealer. For their crimes, Branham was sentenced to 72 months in federal prison, while Sheets, Esque, and Davis were sentenced to 15, 18, and 12 months, respectively. United States Attorney Mike Stuart praised the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Boone County Sheriff’s Department, the West Virginia State Police, the Department of Homeland Security and the General Services Administration, Office of Inspector General.
On the night of November 4, 2016, Branham stole a vehicle from a Mine Safety and Health Administration facility located in Madison, West Virginia. He and Esque then drove to a local federally-licensed gun dealership, where Esque served as a lookout while Branham stole approximately 13 pistols, assault rifles, and shotguns. Sheets helped Branham sell the majority of the stolen weapons in Kanawha County, West Virginia. Following that sale, Branham advised Sheets and Davis how they could break into the dealer’s place of business and steal more firearms. Branham then assisted Sheets in stealing a second vehicle from the MSHA facility. On the night of November 5 or 6, 2016, Davis stood watch while Sheets – following Braham’s guidance – entered the dealer’s building and stole 14 guns. Davis fled the scene before the burglary was complete, but Branham arrived and assisted Sheets in transporting the guns to a Cross Lanes motel. Sheets, Branham, and Esque were tracked down and arrested at that motel on November 7, 2016, and Davis was arrested in Danville the following day. Branham is prohibited from possessing any firearms under federal law because of a 2013 felony conviction in Kanawha County, West Virginia, for burglary by breaking and entering.
“These gun thieves, who in turn sold the stolen guns, jeopardized the safety of our law abiding citizens and law enforcement. And we’re not going to tolerate that,” said United States Attorney Mike Stuart. “We will prosecute criminals who violate our gun laws to the fullest extent of the law in order to protect the public and our Second Amendment rights,” continued Stuart.
“We will aggressively investigate, identify and bring to justice those who endanger the public through illegal firearms trafficking,” said Stuart Lowrey, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Division. “These defendants disrupted lawful commerce in firearms and then diverted stolen guns into the illicit market without regard for future violent crimes that might be committed. This case reflects the commitment among law enforcement agencies and the U.S. Attorney’s Office to reduce violent crime in West Virginia.”
Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., handed down the sentences.
This case was prosecuted as part of Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Federal & State Law Enforcement Authorities Announce Formation of Special Unit to Fight Public CorruptionRead the Press Release
Citizen Assistance Encouraged
Innovative Corruption “Button” Rolled OutCHARLESTON, W.Va. -- United States Attorney Mike Stuart and representatives from federal and state law enforcement announced today the formation of a Public Integrity Special Investigations Unit to investigate corrupt public officials, the misuse of public funds, campaign and election law violations and suspected criminal activity.
The Public Integrity Special Investigations Unit includes representatives from federal and state agencies including the Federal Bureau of Investigation; the United States Postal Inspection Service; the Internal Revenue Service – Criminal Investigation Division; the Inspector General’s Offices of the United States Department of Health and Human Services, the United States Department of Housing and Urban Development, the United States Department of Veterans Affairs, Department of Defense and the Department of Homeland Security; the West Virginia State Police; the West Virginia Commission on Special Investigations; and the West Virginia State Auditor’s Office. The West Virginia Secretary of State’s Office will assist in investigating campaign and election law violations.
“Maintaining public integrity is a tremendous priority for me and for the Southern District of West Virginia,” said U.S. Attorney Stuart. “Public corruption is a cancer on our system of government. If it’s not rooted out, the cancer grows. It causes the public to be cynical about the honesty of public officials and public institutions. There is an absolute burden on public officials and persons in a position of public authority to be honest brokers to protect the integrity of public service and the taxpayers’ wallets. Dirty politicians and dirty public officials must and will be held accountable for violations of the public trust,” Stuart continued.
U.S. Attorney Stuart explained that the Special Investigations Unit is focused on rooting out not only corrupt elected officials, but also federal, state and municipal employees who use their position for personal gain at the expense of the public. The Special Investigations Unit will investigate corruption that threatens public resources, the electoral process, and fair economic opportunities for citizens and businesses. The Special Investigations Unit is also charged with uncovering corruption within both public and private institutions that receive and misuse taxpayer dollars.
“The FBI is joining forces with our federal agency partners to combat public corruption and maintain public integrity throughout the southern district,” said Special Agent in Charge Bob Johnson. “The FBI looks forward to participating in this Special Investigative Unit with the USAO and our other federal, local and state law enforcement partners as we work to investigate allegations of federal crimes.”
“The Postal Inspection Service has enjoyed a close relationship with the U.S. Attorney’s Office for the Southern District of West Virginia through the years working intricate and complex fraud cases that involve the illicit use of the U.S Mails,” said Inspector in Charge Tommy Coke of the U.S. Postal Inspection Service. “The U.S. Postal Inspection Service welcomes the formation of the USAO’s Public Integrity Special Investigations Unit, a partnership that presents a tremendous opportunity for agencies to pool resources and expertise to ensure public officials are held accountable.”
“Investigating public corruption remains one of IRS Criminal Investigation’s highest priorities,” said Kimberly Lappin, Special Agent in Charge, Internal Revenue Service. “Public trust is broken when elected or appointed officials commit crimes – most often triggered by greed and resulting in unlawful personal financial gain.”
“As part of the Public Integrity Special Investigations Unit, HHS OIG will ensure that taxpayer’s dollars are not wasted though public corruption and are instead used for their intended purpose of providing needed care and assistance for the most vulnerable members of our society – including the elderly, poor, and children,” said Maureen Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Health and Human Services, Office of the Inspector General. “Working with our federal, state, and local law enforcement partners, we will continue to vigorously bring those who steal from these vital public programs to justice.”
“Today’s announcement affirms our dedication to aggressively pursue those that choose to engage in illicit behavior that undermines HUD programs,” said Bertrand Nelson, Special Agent in Charge, Mid-Atlantic Regional Office, HUD Office of Inspector General. “We will continue to work steadfastly as a partner of the Public Integrity Special Investigations Unit to bring cases such as these to prosecution.”
“The U.S. Department of Veterans Affairs OIG looks forward to joining with our federal and state law enforcement partners as part of the Public Integrity Special Investigations Unit,” said Kim Lampkins, Special Agent in Charge, U.S. Department of Veterans Affairs, Office of Inspector General, Mid-Atlantic Field Office. “Public officials who break the law or use their positions for personal gain undermine the work of government. The VA OIG is dedicated to investigating fraud, waste, and abuse, and we will contribute our expertise to this team to hold officials accountable for their actions.”
According to U.S. Attorney Stuart, “I am looking forward to working closely not only with my federal partners but also our West Virginia partners. The West Virginia State Auditor’s Office is an invaluable resource for uncovering waste, fraud and abuse and the WV Secretary of State’s Office brings unparalleled expertise in maintaining the integrity of our election system through the investigation and prosecution of those that commit campaign and election fraud.”
“I am honored for the Secretary of State’s Office to have been asked to join this very important effort to address public corruption in West Virginia. I commend U.S. Attorney Mike Stuart for bringing this partnership together to work toward that end,” said Secretary of State Mac Warner.
U.S. Attorney Stuart encouraged citizens to report corrupt activity by either reporting suspected illegal activity by visiting the USAO’s website (https://www.justice.gov/usao-sdwv) and clicking on the “Corruption” button, an innovative new website reporting link, to route email tips to the U.S. Attorney’s Office, or calling 1-800-659-USAO.
“West Virginia’s unfortunate history with corruption is well known, but so is this Office’s history of combating corrupt activity,” said U.S. Attorney Stuart. “Our efforts have been aided by a dogged media and courageous, conscientious citizens, business owners and public officials who have provided information about corrupt activity. We call on public servants, the vast majority of whom are honest brokers, to not look the other way when they see indications of corruption. We cannot overstate the importance of citizen participation in our fight against corruption, and we urge all citizens to assist us in this effort.”
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Deanna Eder
(304) 345-2200 deanna.eder@usdoj.govFollow us on Twitter: @SDWVNews and @USAttyStuart
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Ripley Man Sentenced to Federal Prison for Possession of a Pipe BombRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Steven Jones, 31, of Ripley, was sentenced to 12 months and a day in federal prison for possession of a pipe bomb. Jones pled guilty in December, admitting that on November 6, 2017, he possessed a pipe bomb he had constructed in his garage. Jones further admitted having built and detonated two additional pipe bombs and posting videos of the explosions on the internet. Stuart commended the investigative efforts of the West Virginia State Police, the Jackson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“A citizen tip to authorities about a pipe bomb prevented what could have been a horrific tragedy. Cases like this depend on the vigilance of citizens bravely willing to step forward to report this kind of dangerous activity,” said United States Attorney Mike Stuart. “The horrific events happening in Austin, Texas, are a tragedy we don’t want to happen here in West Virginia. Bombs in the hands of citizens are highly dangerous, reckless and illegal. My Office is committed to strengthening the relationship between the public and law enforcement so that we can keep dangerous criminals like this bomb maker behind bars.”
United States District Judge Joseph R. Goodwin imposed the sentence in federal court in Charleston. Assistant United States Attorney Joshua Hanks prosecuted the case.
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California Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. -- Steve Jones, 35, from Riverside, California, pled guilty today before United States District Court Judge Joseph R. Goodwin to conspiracy to distribute 500 grams or more of methamphetamine, announced United States Attorney Mike Stuart. At the hearing, Jones admitted to obtaining pound quantity packages of methamphetamine on at least two occasions in 2017 that had been shipped from California to West Virginia and delivering them to another individual who had arranged their shipment. Once Jones delivered the packages he and others he was involved in distributing methamphetamine with in the Kanawha Valley were supplied large amounts of methamphetamine to sell. The proceeds were then returned to the individual who had arranged the shipments. Jones further admitted to having been involved in the distribution of between 500 grams and 1.5 kilograms of pure methamphetamine. Jones faces from 10 years to life imprisonment and a $10,000,000.00 fine when he is sentenced on June 14, 2018. Stuart praised the joint investigation conducted by MDENT, DEA and the Kanawha County Sheriff’s Department.
“Meth dealers like Steve Jones who come to our state from California are not welcome here. It is my sincere hope that since Mr. Jones decided to distribute large amounts of poison to our people, he will spend every day of the rest of his life behind bars,” said United States Attorney Mike Stuart. These out-of-state drug traffickers are a disgrace to humanity and a threat to honest law abiding citizens in our communities,” continued Stuart.
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 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.
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Project HuntingtonRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart issued the following statement this morning during a press conference held at the Sidney L. Christie Federal Building in Huntington:
Remarks as prepared for delivery
“Good morning.
Attorney General Sessions and this Administration is wholly committed to working with our federal, state and local partners to ensure the safety of our streets, our families and our children. Frankly, we will no longer tolerate drug dealers, drug traffickers, violent criminals, or illegal guns on the streets of the City of Huntington.
Our goal is simple- To make Huntington the “Safest City in America.”
In what we are calling, “PROJECT HUNTINGTON”, I have ordered a surge of federal prosecutors in Huntington – doubling the number of prosecutors and, within weeks, tripling our office and we will add even more prosecutors as circumstances require. My team is led by Assistant United States Attorney Monica Coleman, a veteran prosecutor with a record of aggressive, fearless prosecution and she will lead a team wholly dedicated to this effort. The instructions to my team cannot be more clear – “Put violent criminals and bad guys behind bars, off our streets, and away from the public as long as possible.”
I want to personally thank Mayor Williams, Huntington Interim Police Chief Dial, and Prosecutor Hammers for their partnership in this effort. “PROJECT HUNTINGTON” would not be possible without their commitment and support.
In addition to Mayor Williams, Chief Dial, and Prosecutor Hammers, with me today are:
Supervisory Special Agent Wes Quigley, FBI
Assistant Special Agent in Charge David Gourley, DEA
Resident Agent in Charge Adam Black, ATF
Sharon Frazier, Cabell County Assistant Prosecutor
Monica Coleman, Assistant United States Attorney
With the assistance and commitment of our federal partners, “PROJECT HUNTINGTON” and a surge of prosecution ensures that every federal resource possible will be dedicated to working with our state and local partners to “Take Back These Streets” from those that bring havoc, chaos and despair to the Greater Huntington area.
“PROJECT HUNTINGTON” ensures that Huntington’s “greatest days” lay ahead.
Thank you.”
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Former Lumber Executive Sentenced for Embezzling over $800,000Read the Press Release
BECKLEY, W.Va. – A former Chief Financial Officer for a Beckley lumber company who embezzled over $800,000 was sentenced to 41 months in federal prison and ordered to pay full restitution, announced United States Attorney Mike Stuart. James Matthew Miller, 43, previously pled guilty to two counts of wire fraud on December 6, 2017. Stuart praised the investigative work of the Federal Bureau of Investigation.
“Unscrupulous employees – be that rank and file workers or top executives -- can cause substantial financial harm to their employers. The prosecution of these crimes is vital to the success of West Virginia businesses,” said United States Attorney Mike Stuart.
Miller formerly worked as an executive for a lumber company until September 2013. In his role as Chief Financial Officer, his responsibilities included oversight of log inventories from vendors. From approximately December 31, 2007, to August 30, 2013, Miller admitted that he issued payments to a sham vendor, a close friend of Miller’s, and falsely inflated log inventories to conceal the fraud. He created a fictitious log vendor that has never hauled or delivered logs to the lumber company. Miller also admitted that he created false payment requests and then drafted and signed checks from the lumber company to the fake vendor. The fictitious vendor cashed the checks or deposited the checks in his bank account, then provided Miller with the money, minus a small amount Miller permitted the vendor to keep. During the course of the fraud, Miller was responsible for 160 checks totaling $822,396.63 from the company to the sham vendor. Miller admitted that he concealed the fraud and committed wire fraud by submitting company reports based on artificially inflated log inventories, and then emailed the reports to a lumber mill manager in Tennessee and a BB&T in Georgia.
Assistant United States Attorney Jennifer Rada Herrald was in charge of the prosecution. United States District Judge Irene C. Berger handed down the sentence.
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Fayette County Brothers Sentenced to Federal Prison for Roles in Drug Trafficking ConspiracyRead the Press Release
BECKLEY, W.Va. – Two Fayette County brothers were sentenced to federal prison today on drug charges, announced United States Attorney Mike Stuart. Cheyenne Fragale, 30, and Macon Fragale, 34, both from Boomer, previously entered guilty pleas to conspiracy to distribute and to possess with intent to distribute more than 500 grams of methamphetamine, a quantity of oxycodone, and a quantity of heroin. Cheyenne Fragale was sentenced to 144 months in federal prison, while Macon Fragale was determined to be a career offender and was sentenced to 200 months in federal prison. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department on these cases.
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.
“Prison time awaits those who peddle poison in our communities,” said U.S. Attorney Stuart. “These two brothers are not a good example for the model family. Their smorgasbord of drug dealing from meth, to pills to heroin has one spending the next 12 years behind bars and the other even longer. The message is, “Don’t sell drugs.””
Cheyenne and Macon Fragale previously admitted that between May 2017 and June 28, 2017, they took part in a drug trafficking conspiracy with multiple participants. They also admitted that during the course of the conspiracy, they distributed over 2,000 thirty mg tablets of oxycodone and over 500 grams of methamphetamine, as well as heroin. They additionally admitted that they sold the drugs in and around Fayette County. On June 28, 2017, law enforcement executed search warrants at several locations associated with the conspiracy. During the execution of the search warrants, officers seized over 300 grams of crystal methamphetamine, as well as heroin, fentanyl, and over $29,000 in cash. The methamphetamine was later laboratory tested and confirmed to be 94% pure. Cheyenne Fragale admitted that the cash was proceeds from drug dealing. As part of their plea agreements, Cheyenne and Macon Fragale both admitted to all the drug trafficking activity charged in the indictment.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 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 May 29, 2018.
Shaun Jones of Beckley has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin. Jonathan Moore, also of Beckley, 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 May 29, 2018.
Corey Larkin, of Beckley, 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 June 5, 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 May 30, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on May 30, 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.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. United States District Judge Irene C. Berger imposed the sentences.
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.
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West Virginia Business Owner Sentenced to Prison for Failing to Pay Employment TaxesRead the Press Release
A Fayette County, West Virginia, business owner was sentenced today to 15 months in prison for failing to pay over employment taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Michael B. Stuart for the Southern District of West Virginia.
According to documents and information provided to the court, from 2008 through 2012, Steve Lopez, 68, owned and operated Ready Transport Services (RTS), a transportation business that mainly provided taxi services. From 2009 through 2012 he also owned RTS Ice Cream, Coffee and Candy Shop. Both businesses were located in Montgomery, West Virginia. Lopez was responsible for collecting and paying over to the Internal Revenue Service (IRS) social security, Medicare, and income taxes withheld from his employees’ wages. He also was responsible for paying the employer’s share of his employees’ social security and Medicare taxes. Lopez admitted that he did not pay approximately $393,851 in employment taxes due to the IRS, including funds he withheld from his employees’ paychecks as well as money he owed as their employer.
In addition to the term of prison imposed, U.S. District Court Judge John T. Copenhaver Jr. ordered Lopez to serve three years of supervised release and to pay $393,851 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Stuart commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Mara Strier and Alexander Effendi, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Two Plead Guilty to Insurance Fraud by ArsonRead the Press Release
BLUEFIELD, W.Va. – Two men pled guilty today in federal court for their respective roles in a scheme to commit insurance fraud by arson, announced United States Attorney Michael B. Stuart. Dudley Bledsoe, age 63, of Hanover, Wyoming County, and Ricky Dwayne Gleason, age 54, of Peach Creek, Logan County, both pleaded guilty to a charge of unlawful monetary transactions before Senior District Court Judge David A. Faber in Bluefield. United States Attorney Mike Stuart commended the work of the United States Postal Inspection Service, the West Virginia State Police and the West Virginia Office of the Insurance Commissioner.
“As West Virginia citizens, we all ultimately pay the price for this type of crime. That is why, regardless of the amount of monetary loss, we will continue to aggressively prosecute individuals who perpetrate fraudulent schemes,” said United States Attorney Mike Stuart.
In the spring of 2012, Bledsoe, with the assistance of James Edward Lester, also known as “Punkin,” and others, purchased a house in Matoaka, Mercer County. The purchase price was approximately $38,000. They insured the property for over $300,000 and set fire to the house in December of 2012 using cardboard and unscented candle oil. Bledsoe, with the help of others, then filed false claims for the house and its contents. Bledsoe collected the proceeds and divided the proceeds with others involved in the scheme.
In May of 2013, Gleason purchased a house in his name on Norwood Road in Huntington, West Virginia for $100,000 and insured it for over $400,000. Funds for the purchase were provided by others involved in the scheme. The next month, Gleason and others staged the house to be burned using cardboard and unscented candle oil. While Gleason was out of town in order to concoct an alibi, others connected with the scheme set fire to the house. Gleason filed a claim for the loss of the house as well as false contents lists with the insurance company and collected over $280,000 in insurance proceeds. The proceeds were divided with others in the scheme.
Bledsoe and Gleason each face up to 10 years imprisonment and up to a $250,000 fine when they are sentenced on May 30, 2018. Windel Lester, James Edward Lester, also known as “Punkin,” Georgetta Kenney, Greg A. Lester and James Keith Browning are currently facing charges in a 40 count indictment for their respective roles in the scheme. Their trial is set for May 8, 2018, in Bluefield.
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Two More Defendants Plead Guilty for Roles in Federal Drug ConspiracyRead the Press Release
BLUEFIELD, W.Va. – Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. James Rodney Staples, 39, of Woodbridge, VA, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 5 kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin. Esau Burnette, 38, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. Staples and Burnette are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
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.
“A drug trafficking network has been dismantled as a result of this long-term, cooperative investigation. Along with our federal, state, and local law enforcement partners we will continue to take down networks of traffickers pedaling dangerous drugs in our communities,” said United States Attorney Mike Stuart.
James Rodney Staples 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, cocaine base, also known as “crack,” and heroin. Staples admitted that Velarian Carter, another co-defendant in this case, requested his help in operating the drug trafficking organization while Carter was incarcerated on other drug charges. Staples admitted he paid other members to assist him in distributing the controlled substances and to collect money acquired through the illegal drug trafficking. As part of the agreement, Staples agreed to the forfeiture of $50,000, which represented proceeds of his illegal drug trafficking activity.
Esau Burnette 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. Burnette 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. Burnette 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.” Burnette admitted that the cash was obtained through the illegal drug trafficking activity and has agreed to forfeit the cash to the United States.
Staples faces at least 10 years and up to life, and Burnette faces at least five years and up to 40 years in federal prison, when they are sentenced on May 30, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 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 May 29, 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 May 29, 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 June 5, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Staples and Burnette plea hearings were held before Senior United States District Judge David A. Faber.
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
Princeton Man Pleads Guilty to Federal Drug ChargesRead the Press Release
BLUEFIELD, W.Va. - A Princeton man pleaded guilty today to federal drug crimes, announced United States Attorney Mike Stuart. Jerome Jones, 53, of Princeton, West Virginia, entered his guilty plea to 7 counts distribution of a quantity of cocaine base, 2 counts possession with intent to distribute a quantity of cocaine base, and 1 count distribution of a quantity of cocaine.
Stuart praised the work of the West Virginia State Police. “We are committed to working with the fine men and women of the West Virginia State Police in their efforts to make West Virginia communities safer places to live, work and play,” said United States Attorney Mike Stuart.
Jones admitted that between May 18, 2016, and November 13 , 2017 , he sold quantities of cocaine and cocaine base to a confidential informant who was working with the police. Jones further admitted that on June 1, 2016 , and then again on December 20, 2017 , the West Virginia State Police executed a search warrant and at his residence and seized quantities of cocaine and cocaine base.
Jones faces up to 20 years in federal prison on each county when he is sentenced on May 30, 2018. United States District Judge David A. Faber presided over the plea hearing.
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Media AdvisoryRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart will hold a brief press conference at 9:00am on Thursday, March 15, 2018 to discuss collaborative efforts to address the opioid scourge and violent crime in the City of Huntington.
WHO: Mike Stuart, United States Attorney, SDWV
Mayor Steve Williams, City of Huntington
Interim Police Chief Hank Dial, Huntington Police Department
Supervisory Special Agent Wes Quigley, FBI
Assistant Special Agent in Charge David Gourley, DEA
Resident Agent in Charge Adam Black, ATF
Corky Hammers, Cabell County Prosecuting Attorney
Sharon Frazier, Cabell County Assistant Prosecutor
WHAT: Press Conference
WHEN: Thursday, March 15, 2018 @ 9:00am
WHERE: Sidney L. Christie Federal Building
845 Fifth Avenue
Huntington, WV 25701
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U.S. Attorney Announces 98-Count Superseding Indictment Against Owners, Managers and Physicians Associated with HOPE Clinic and Related CompanyRead the Press Release
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today a federal grand jury returned a 98-count superseding indictment against the owners, managers and physicians associated with HOPE Clinic. The superseding indictment added 29 counts of distributing and dispensing controlled substances outside the usual course of professional practice and not for medically legitimate purposes to six different customers on various occasions from 2013 through 2015 by Sanjay Mehta, D.O., Michael T. Moran, M.D., Mark Clarkson, D.O., Vernon Stanley, M.D., Brian Gullett, D.O., William Earley, D.O., Paul W. Burke, Jr., D.O., and Rowsell Tempest Lowry, M.D. Among the 29 counts added, two counts charge Joshua Radcliffe, the son of PPPFD owner, Mark T. Radcliffe, with aiding, abetting, counseling, commanding and procuring, Sanjay Mehta, D.O., with the distribution of controlled substances on two separate occasions to two separate customers.
“The additional 29 charges were necessary as a result of the facts underlying this terrible case,” said U.S. Attorney Mike Stuart. “A physician’s first oath is to ‘do no harm,’ but sadly when physicians do not uphold this oath, a lot of irrevocable harm is done.”
In addition, the superseding indictment charges all defendants with a conspiracy to distribute and dispense controlled substances outside the usual course of professional practice and not for medically legitimate purposes, and charges defendants Blume and Mark Radcliffe with maintaining drug-involved premises in Beckley, Beaver and Charleston. Included in the superseding indictment are 91 counts charging several physicians with distribution of controlled substances not for legitimate medical purposes and outside the usual course of professional practice. Sanjay Mehta, D.O., a former physician at the Beckley and Beaver HOPE Clinic locations, is also charged with two counts of distribution of controlled substances causing death. Ten of the defendants are charged with conspiracy to launder drug proceeds by paying bonuses to HOPE Clinic physicians and employees of Patients, Physicians, and Pharmacists Fighting Diversion, Inc. (PPPFD), to encourage continued prescribing of Schedule II narcotics to customers.
The investigation was conducted by the following agencies:
- U.S. Department of Health and Human Services, OIG
- Internal Revenue Service, Criminal Investigations
- Food and Drug Administration – Office of Criminal Investigations (OCI)
- Federal Bureau of Investigation
- Drug Enforcement Administration
- West Virginia State Police
- Metropolitan Drug Enforcement Network Team (MDENT)
- Beckley Police Department
- Kentucky State Police
- Harrison County (KY) Sheriff’s Department
- Appalachia HIDTA
The additional charges announced today are part of the on-going effort by the United States Attorney’s Office to aggressively target medical professionals involved in the unlawful distribution of opioids and other dangerous controlled substances.
If convicted on all charges as alleged in the indictment, Dr. Blume and Mark Radcliffe face up to 100 years; Joshua Radcliffe faces up to 60 years; Teresa Emerson faces up to 20 years; Michael Moran faces up to 80 years; Sanjay Mehta faces a forty year mandatory minimum sentence up to life imprisonment; Vernon Stanley faces up to 300 years; Brian Gullett faces up to 380 years; Mark Clarkson faces up to 100 years; William Earley faces up to 300 years; Paul Burke faces up to 200 years; and Roswell Tempest Lowry faces up to 140 years.
This case 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.
Please note: An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Three More Defendants Plead Guilty for Roles in Federal Drug ConspiracyRead the Press Release
BLUEFIELD, W.Va. – Three Beckley men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Shaun A. Jones, 40, pled guilty to possession with intent to distribute more than 100 grams of heroin. Corey D. Larkin, 38, entered his guilty plea to conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. Jonathan Vincent Moore, 34, pled guilty to possession with intent to distribute more than 500 grams of cocaine. Jones, Larkin, and Moore are three of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
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.
“This case shows how united and determined we are in fighting the drug scourge,” said U.S. Attorney Stuart. “With 23 defendants charged, the results speak for themselves. Drug dealers had better take notice that all levels of law enforcement – federal, state, and local – are working together to make sure that drug crime results in hard time.”
Shaun Jones 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. He also agreed to forfeit the cash as it represented the proceeds of his illegal drug trafficking activity.
Corey D. Larkin 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 Vincent Moore also 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.
Jones, Larkin, and Moore each face at least five years and up to 40 years in federal prison when they are sentenced. Jones and Moore are scheduled for sentencing on May 29, 2018. Larkin’s sentencing is scheduled for June 5, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 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 May 29, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Jones, Larkin, and Moore plea hearings were held before Senior United States District Judge David A. Faber.
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
###Charlotte Man Sentenced on Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that Timothy Fields, 40, of Charlotte, was sentenced to 30 months in federal prison for distribution of hydromorphone. Fields pled guilty in November, admitting that on January 18, 2017, he distributed a quantity of hydromorphone to a confidential informant in Bluefield. He also admitted that he distributed hydromorphone and cocaine base on other occasions, and that he manufactured a quantity of cocaine base, all as charged in the indictment. Stuart commended the investigative efforts of the Southern Regional Drug and Violent Crime Task Force.
“The illegal trafficking of prescription opioids and other dangerous drugs has devastated our southernmost counties. My Office will continue to fight for West Virginia families struggling with opioid addiction by aggressively prosecuting those responsible for distributing them throughout our communities,” said United States Attorney Mike Stuart.
Senior United States District Judge David A. Faber imposed the sentence in federal court in Bluefield. The case was investigated under the Bluefield Pill Initiative, 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. 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 in communities across the Southern District. Assistant United States Attorney John File prosecuted the case.
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Detroit Drug Dealer Sentenced to More Than 12 Years in Federal PrisonRead the Press Release
HUNTINGTON, W.Va. – A Detroit man caught with heroin and a firearm in July 2017 was sentenced today by United States District Court Judge Robert C. Chambers to 151 months in federal prison, announced United States Attorney Mike Stuart. Antonio Newson, 43, previously pled guilty to possession with intent to distribute 100 grams or more of heroin.
“Thanks to the tireless work of the Huntington FBI Drug Task Force, yet another Detroit drug dealer has been taken off the streets of Huntington. Together with our law enforcement partners, we are taking Huntington back, one Detroit drug dealer at a time,” said United States Attorney Mike Stuart. Continued Stuart, “At the pace we’re locking up Detroit thugs, the State of Michigan should be sending us money to help pay prison costs.”
On July 10, 2017, officers with the Huntington FBI Drug Task Force executed a search warrant at Newson’s residence, 1748 Jefferson Avenue, Apartment 1, in Huntington, West Virginia. During the search, officers located approximately 983 grams of heroin in a closet. Officers also located a firearm in the closet. As part of the plea agreement, Newson admitted that the heroin and the firearm belonged to him. Newson also admitted to the other drug activity charged in the indictment. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
This case was 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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Columbus Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – A Columbus, Ohio man who sold heroin and an illegal firearm in Huntington in 2016 pled guilty today to a federal gun and drug charges, announced United States Attorney Mike Stuart. Jamal Marsalas Glass, 20, entered his guilty pleas to distributing heroin and carrying a firearm during and in relation to a drug trafficking crime. U.S. Attorney Stuart credited the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and emphasized the importance of the agency’s role in addressing gun crime in the City of Huntington.
“The only thing my Office is more committed to than prosecuting dangerous out-of-state drug dealers is prosecuting drug dealers that carry guns. We are aggressively prosecuting gun toting drug dealers.” said United States Attorney Mike Stuart.
On August 25, 2016, a confidential informant contacted Glass to purchase heroin. The informant also negotiated the purchase of a firearm from Glass. The informant subsequently met with Glass inside an Apartment at the Marcum Terrace housing projects in Huntington. Inside the apartment, Glass sold the informant approximately 3 grams of heroin. Glass also sold the informant a 9mm pistol which had the serial number obliterated in violation of federal law. Glass further admitted as part of his plea agreement that he possessed a separate .38 caliber revolver when he conduct the transaction.
Glass faces up to 20 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 June 11, 2018. Assistant United States Attorney Joseph F. Adams is responsible for the prosecution.
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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
This case is also being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Parkersburg man sentenced to federal prison for drug crimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to two years in federal prison for a drug charge, announced United States Attorney Mike Stuart. Nathaniel Pittman, 27, previously pled guilty to possession with intent to distribute heroin and cocaine. U.S. Attorney Stuart commended the investigative efforts of the Wood County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“The citizens of Parkersburg are some of the finest folks in West Virginia,” said U.S. Attorney Stuart. “We won’t tolerate drug dealers in Parkersburg or anywhere in this district, and we will continue working to keep them off the streets and locked up for their crimes.”
On July 7, 2016, members of the Wood County Sheriff’s Office conducted a traffic stop of Pittman’s vehicle and seized heroin and cocaine. Pittman admitted that he possessed the drugs found in his vehicle, and that he intended to sell the drugs. Lab testing confirmed that the drugs law enforcement recovered were over 80 grams of heroin and over 90 grams of cocaine.
Assistant United States Attorney John Frail handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was 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.
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Logan County man pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Logan County man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Joshua Edie, 34, of Chapmanville, entered his guilty plea to being a prohibited person in possession of firearms. U.S. Attorney Stuart commended the investigative efforts of the Chapmanville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“I support our Second Amendment rights wholeheartedly,” said U.S. Attorney Stuart. “I also firmly believe in protecting our gun rights by keeping firearms out of the hands of drug users, domestic abusers, and felons. We will keep working with our law enforcement partners to prosecute criminals who ignore and violate our gun laws.”
Edie admitted that around January 30, 2017, he possessed five firearms in his apartment in Chapmanville. He further admitted that, at the time, he was a user of methamphetamine and that he had been convicted of a misdemeanor crime of domestic violence in Ohio in 2010.
Edie faces up to 10 years in federal prison when he is sentenced on May 30, 2018.
Assistant United States Attorney Gabriele Wohl is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Huntington woman pleads guilty to pain pill conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Lorie A. Mayhon, 43, entered her guilty plea to conspiracy to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.
“We’re working every day with law enforcement in Huntington to get pain pills off the streets,” said U.S. Attorney Stuart. “Pill pushers need to understand that there’s nothing but hard time waiting for those who try to sell their poison in our communities.”
Mayhon admitted that on September 15, 2017, she assisted in arranging the sale of oxycodone pills to a confidential informant working with the DEA. The drug deal was scheduled to take place at a residence on Collis Avenue in Huntington, where the informant met with Mayhon and codefendants Joseph Melbar and Curtis Holcomb to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, Mayhon and Holcomb left Melbar’s residence to pick up another codefendant to acquire the pills. After the codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington. During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.
Mayhon faces up to 20 years in federal prison when she is sentenced on June 4, 2018. Both Melbar and Holcomb previously pled guilty for their roles in the conspiracy and each faces up to 20 years in prison. Melbar is scheduled to be sentenced on May 29, 2018. Holcomb is scheduled to be sentenced on May 7, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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.
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Detroit man sentenced to federal prison for heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who was part of a group selling heroin in Huntington in 2015 was sentenced today to three years and 10 months in federal prison, announced United States Attorney Mike Stuart. Marquis Tamal Quinton Evans, 26, previously pleaded guilty to possession with intent to distribute 100 grams or more of heroin. U.S. Attorney Stuart commended the investigative efforts of the Huntington FBI Drug Task Force.
“These Detroit drug thugs only learn the hard way,” said U.S. Attorney Stuart. “We will work with law enforcement until drug criminals figure out that selling heroin in Huntington gets you a one way ticket behind bars.”
Between July and October of 2015, Evans and others distributed heroin that was transported from Michigan to the Huntington area. On October 5, 2015, the Huntington FBI Drug Task Force conducted a search at 1826 Old 16th Street Road in Huntington. Agents located Evans inside the residence, as well as two other individuals. During the search, agents seized approximately 300 grams of heroin and over $51,000 in cash. Evans admitted that he and the other individuals intended to sell the heroin.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
This case was 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.
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Chicago man sentenced to over four years in federal prison for role in drug conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Chicago man was sentenced today to four years and a month in federal prison for his role in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Richard Fleming previously pleaded guilty to aiding and abetting the attempted distribution of 100 kilograms or more of marijuana. A total of 15 other individuals were successfully prosecuted as a result of the investigation. Additionally, law enforcement seized over a million dollars in drug proceeds and an airplane belonging to this drug trafficking organization.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Putnam County Sheriff’s Department, the Metropolitan Drug Enforcement Network Team, the Muskingum County Sheriff’s Department in Ohio, the Lawrence County Sheriff’s Department in Ohio, the United States Marshals Service, the Kentucky State Police, the Indiana State Police, the Huntington Police Department, and the Policia Federal Ministerial of Mexico. U.S. Attorney Stuart further commended several Drug Enforcement Administration agents for their investigation this case, including agents from Charleston, Columbus, Phoenix, Tucson, Chicago, Denver, and Hermosillo, Mexico.
“Drug criminals who think they can avoid prison by fleeing the country are dead wrong. If you run, we will work with our law enforcement partners to hunt you down and bring you to justice,” said U.S. Attorney Stuart. “Public safety is a top priority of my office, and we will take whatever measures are necessary to ensure that drug traffickers get the punishment they deserve.”
Fleming admitted that he traveled to Putnam County on March 12, 2010, to pick up approximately $600,000 of drug proceeds from a March 5, 2010, shipment of over 300 kilograms of marijuana on behalf of a drug trafficking organization operating out of Arizona and Mexico. Unbeknownst to Fleming and the drug trafficking organization, law enforcement intercepted the marijuana before it could be delivered. When Fleming arrived in Putnam County to pick up the cash, he actually met with an undercover officer who provided him with a duffel bag he represented contained approximately $600,000 in drug proceeds. Fleming then left the area and began travelling back to provide the money to other members of the drug trafficking organization. A traffic stop was conducted on Fleming’s vehicle in Kentucky and the duffel bag was recovered.
Fleming was originally charged in July 2010 and released on bond. On September 7, 2011, he failed to appear for his trial and a bench warrant was issued for his arrest. Fleming remained a fugitive until he was arrested in Mexico in August 2017. He admitted that he fled the United States to avoid prosecution in this case.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was brought 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.
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Pennsylvania man pleads guilty to federal drug chargesRead the Press Release
BECKLEY, W.Va. – A Pennsylvania man pled guilty today to federal drug crimes, announced United States Attorney Mike Stuart. Angel Diaz-Gibson, 26, of Reading, entered his guilty plea to distribution of heroin and to using a phone to facilitate a drug felony. U.S. Attorney Stuart commended the investigative efforts of the Greenbrier Valley Drug and Violent Crime Task Force.
“If you make the mistake of selling heroin in Southern West Virginia, I can assure you that we have an aggressive team that will use every tool to hold you accountable,” said U.S. Attorney Stuart. “Selling heroin in my district will put you behind bars for a long time.”
Diaz-Gibson admitted that on August 22, 2015, he sold 148 stamps of heroin to a confidential informant in Fairlea in Greenbrier County. Each stamp is considered to be one dose of heroin. Diaz-Gibson further admitted that he had a telephone conversation with the informant to help set up the drug deal. He also admitted that he had distributed a total of about 740 heroin stamps in Greenbrier County.
Diaz-Gibson faces up to 24 years in federal prison when he is sentenced on June 6, 2018.
Assistant United States Attorney John File is responsible for the prosecution. United States District Judge Irene C. Berger presided over the plea hearing.
This case is being prosecuted under the Greenbrier Valley Heroin and Pill Initiative, 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.
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Huntington man pleads guilty for role in pain pill conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Joseph W. Melbar, 54, entered his guilty plea to aiding and abetting the possession with intent to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.
“Getting pain pills off the streets of Huntington and holding drug criminals accountable is a top priority for me and my office,” said U.S. Attorney Stuart. “We are going to continue working with law enforcement to make sure that those who prey on the citizens of Huntington face serious hard time behind bars.”
Melbar admitted that on September 15, 2017, he arranged a drug deal for oxycodone pills with a confidential informant working with the DEA. The drug deal was scheduled to take place at Melbar’s residence on Collis Avenue in Huntington, where the informant met with Melbar, codefendant Curtis Holcomb, and another codefendant, to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, the codefendants left Melbar’s residence to acquire the pills. After Melbar’s codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington. During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.
Melbar faces up to 20 years in federal prison when he is sentenced on May 29, 2018. Holcomb previously pled guilty to possession with intent to distribute oxycodone and faces up to 20 years in federal prison when he is sentenced on May 7, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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.
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Huntington man pleads guilty to federal gun chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. John Weathers, 32, entered his guilty plea to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police Violent Crime and Drug Task Force.
U.S. Attorney Stuart said, “The good citizens of Huntington need to know that my office is committed to cleaning up the streets by aggressively prosecuting drug criminals and holding them accountable with serious prison time.”
On December 5, 2017, officers with the DEA and the West Virginia State Police Violent Crime and Drug Task Force conducted a controlled buy of methamphetamine from Weathers. After determining Weathers was staying at the Econo Lodge in Huntington, officers obtained a search warrant and located a STAR Firestar 9mm pistol in a bag on the floor of the room. Weathers was prohibited from possessing any firearm under federal law because of a 2012 federal drug conviction in the Southern District of West Virginia.
Weathers faces up to 10 years in federal prison when he is sentenced on May 7, 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.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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U.S. Attorney Mike Stuart to hold press conference today regarding indictmentRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference at 2:00 p.m. today announcing an indictment.
WHO: Michael B. Stuart, United States Attorney, Southern District of West Virginia
FBI Officials
West Virginia Legislature Commission on Special Investigations Officials
Other Law Enforcement Officials
WHAT: Press Conference
WHEN: Thursday, February 22, 2018, at 2:00 p.m.
WHERE: Robert C. Byrd United States Courthouse
300 Virginia Street, East
Charleston, WV 25301
United States Attorney’s Office
4th Floor, Suite 4000
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Montgomery man pleads guilty for role in federal drug conspiracyRead the Press Release
BECKLEY, W.Va. – A Montgomery man pled guilty today for his role in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Rory White, also known as “Dub,” 34, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin and a quantity of oxycodone. White is one of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies. The investigation was 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 provided assistance throughout the investigation.
“The teamwork that law enforcement demonstrated to complete this investigation is outstanding,” said U.S. Attorney Stuart. “I can assure you that we will keep working together as a team to hold drug criminals accountable and take back our communities from this drug epidemic.”
White admitted that between October 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants. During this time period, White admitted to working with Cheyenne Fragale and others to distribute heroin and oxycodone in the Fayette County area. White also admitted that he distributed approximately 5,400 thirty mg oxycodone tablets and approximately 900 grams of heroin to Cheyenne Fragale and others. He further admitted that he knew Cheyenne Fragale and others intended to redistribute the pills and heroin. White faces at least five and up to 40 years federal prison when he is sentenced on June 6, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 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 April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 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 May 29, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The White plea hearing was held before United States District Judge Irene C. Berger.
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.
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Investiture Ceremony for Mike Stuart as United States Attorney for the Southern District of West VirginiaRead the Press Release
CHARLESTON, W.Va. – The Investiture Ceremony for Mike Stuart, United States Attorney for the Southern District of West Virginia (SDWV), will take place on Friday, March 2, 2018, at 2:00 p.m. Stuart will be joined by United States Senator Shelley Moore Capito, Congressman Evan Jenkins, American war hero and Medal of Honor recipient Woody Williams, members of the Judiciary, distinguished guests and family to celebrate his appointment.
WHAT: Investiture Ceremony for Michael B. Stuart as United States Attorney, SDWV
WHEN: Friday, March 2, 2018, at 2:00 p.m.
WHERE: Robert C. Byrd United States Courthouse
300 Virginia Street, East
Charleston, WV
Seventh Floor Ceremonial Courtroom
NOTE: All media must present government-issued photo identification (such as a driver’s license) and valid media credentials. Media may begin arriving at 1:00 p.m. and must have cameras set by 1:30 p.m. Media should RSVP to USAWVS.Ceremony@usdoj.gov.
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Former Logan County Schools Superintendent indicted for fraud schemeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that former Logan County Schools Superintendent Phyllis Doty, 68, of Logan, was indicted by a federal grand jury today for charges relating to a scheme to defraud the Logan County Board of Education of money and property. U.S. Attorney Stuart was joined in the announcement by officials from the FBI and the West Virginia Legislature Commission on Special Investigations.
“The numbers as alleged in the indictment are not massive in scale, but corruption in any amount, the theft of precious taxpayer dollars, violations of the public trust by public officials is a true cancer to society,” said United States Attorney Mike Stuart. “There is no such thing as a little bit of public corruption. We will not tolerate it. Standing in defiance of public corruption is a fundamental priority for this United States Attorney and the United States of America,” continued Stuart.
U.S. Attorney Stuart commended the investigative work of the FBI and the West Virginia Legislature Commission on Special Investigations and Assistant United States Attorney Gabriele Wohl for handling the prosecution.
The indictment alleges that Doty, who retired from Logan County Schools in 2016, stole over $12,000 in electronic devices purchased by the Logan County Board of Education and used public funds to decorate and supply her son's August 2015 wedding. The scheme began in 2011 when the Logan County Board of Education regularly purchased Apple iPods and iPads for Logan County Schools staff. Between 2011 and 2015, Doty is alleged to have stolen at least 20 of these devices, and either sold them on eBay for profit, or gave them to family members as gifts. Doty directed the purchase of the devices or purchased them herself, and then sold them online or gave them away to her family.
According to the indictment, the scheme included ordering over $6,500 in wedding supplies with Logan County Board of Education money. These items included bread baskets, easels, drink dispensers, columns, and decorative urns. Doty claimed that these items were requested by Logan County teachers, however, the teachers knew nothing of these orders and the items mostly remained in boxes until they were used for the wedding. It is further alleged that Doty gave some of these items away to the wedding planner following the wedding.
The indictment also accuses Doty of covering up her scheme once an investigation into suspicious spending became public. It is alleged that the cover-up occurred by Doty attempting to influence a Logan County Board of Education staff member of the falsehood that she had permission to take iPods purchased by the Logan County Board of Education, and then by Doty asking the wedding planner to return the gifted items to a Logan County school.
The indictment charges Doty with two counts of wire fraud, which carries a penalty of up to 20 years in federal prison for each count; two counts of theft from a program receiving federal funds, which carries a penalty of up to 10 years in federal prison for each count; and one count of mail fraud, which carries a penalty of up to 20 years in federal prison.
Attached, please find the indictment.
Please note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Columbus man pleads guilty to federal methamphetamine chargeRead the Press Release
BECKLEY, W.Va. – A Columbus man pled guilty today to a federal methamphetamine crime, announced United States Attorney Mike Stuart. Joshua Gregory Richardson, 33, entered his guilty plea to conspiracy to distribute methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team, the Ohio State Police, and the Coal Grove Police Department in Ohio.
“Out-of-state drug traffickers need to stay out of our state,” said U.S. Attorney Stuart. “Columbus dealers like Richardson aren’t welcome here.”
Richardson admitted that in December 2016, he was a supplier of methamphetamine to a drug dealer in Cross Lanes. Richardson further admitted that on December 20, 2016, law enforcement conducted a controlled purchase of methamphetamine at the house of that Cross Lanes drug dealer. After the controlled purchase, but before officers left the area, Richardson went to the same house to collect money for methamphetamine he was supplying to the drug dealer. Following the controlled purchase, law enforcement in Ohio conducted a traffic stop of Richardson’s vehicle and seized nearly $10,000 in cash, $900 of which was pre-recorded buy money from the controlled purchase earlier the same day. Agents also downloaded text messages in which Richardson and the drug dealer discussed the sale of methamphetamine.
Richardson faces up to 20 years in federal prison when he is sentenced on June 6, 2018.
Assistant United States Attorney R. Gregory McVey is responsible for the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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 illegal drugs, including methamphetamine. 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.
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Two more defendants plead guilty for roles in federal drug conspiracyRead the Press Release
BLUEFIELD, W.Va. – Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Shawn Akiem Anderson, 44, of Mt. Hope, entered his guilty plea to conspiracy to distribute and possess with intent to distribute less than 50 kilograms of marijuana. Karl Funderburk, 31, of Teays Valley, entered his guilty plea to using and carrying a firearm during a drug trafficking crime. Anderson and Funderburk are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
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.
“This case shows how united and determined we are in fighting the drug scourge,” said U.S. Attorney Stuart. “With 23 defendants charged, the results speak for themselves. Drug dealers had better take notice that all levels of law enforcement – federal, state, and local – are working together to make sure that drug crime results in hard time.”
Shawn Anderson 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.
Karl Funderburk 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.
Anderson faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Funderburk faces at least five years and up to life in federal prison when he is sentenced on May 29, 2018.
Other individuals implicated as a result of this drug investigation have entered guilty pleas and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, previously pled guilty to conspiracy to distribute and to possess with intent to distribute more than 500 grams of methamphetamine, a quantity of oxycodone, and a quantity of heroin. They both face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Tiffany Ramsey, also of Boomer, previously entered a guilty plea to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine, a quantity of heroin, and a quantity of oxycodone. Ramsey faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Donald Scalise, of Montgomery, previously entered a guilty plea to conspiracy to distribute oxycodone. Scalise faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Dominic Copney, of Beckley, previously entered a guilty plea to conspiracy to distribute and possess with the intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 2018. Detria Carter, of Beckley, previously pled guilty to possession with intent to distribute more than 500 grams of cocaine. She faces a mandatory minimum sentence of not less than five and up to 40 years in federal prision when she is sentenced on April 24, 2018. Velarian Carter, the brother of Detria Carter, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of crack, and more than 100 grams of heroin. He faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Anderson and Funderburk plea hearings were held before Senior United States District Judge David A. Faber.
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.
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Ohio man pleads guilty to federal drug crimeRead the Press Release
HUNTINGTON, W.Va. – An Ohio man who sold crack to an informant in September 2016 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Stephen Somon, 44, of Ironton, entered his guilty plea to aiding and abetting the distribution of crack. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“If you sell your poison in Huntington, you’re making a big mistake, and it will cost you dearly,” said U.S. Attorney Stuart. “We’re taking back the streets of Huntington and the only hospitality we are offering drug dealers is a long stay in a prison cell, and that cell doesn’t come with turn down service or a chocolate on the pillow.”
On September 13, 2016, law enforcement used a confidential informant to arrange a drug deal for crack in the area of the Little Caesar’s on 1st Street in Huntington. Somon admitted that he arrived and gave the informant crack in exchange for $850. As part of the plea agreement, Somon also admitted that he allowed others to reside at his residence for the purpose of distributing crack.
Somon faces up to 20 years in federal prison when he is sentenced on May 29, 2018.
Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor are handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This 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 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.
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Cross Lanes man pleads guilty to receiving child pornographyRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes man pled guilty today to a child pornography crime, announced United States Attorney Mike Stuart. Charles William Lourett, 62, entered his guilty plea to receiving child pornography. U.S. Attorney Stuart commended the investigative efforts of the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, the FBI, and the FBI Violent Crimes Against Children Task Force.
U.S. Attorney Stuart said, “We have no tolerance for predators or these disgusting crimes. We will use every tool at our disposal to aggressively prosecute those who use the Internet to target and exploit children.”
Lourett admitted that on September 22, 2016, he received a video of a prepubescent minor engaged in sex acts. The video was received on Lourett’s computer located at his residence. The investigation revealed that Lourett was using a peer-to-peer file sharing program to download, receive, and distribute child pornography. Lourett further admitted to possessing over 600 images and videos of minors engaged in sex acts.
Lourett faces at least five and up to 20 years in federal prison when he is sentenced on May 22, 2018. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
First Assistant United States Attorney Lisa G. Johnston and Assistant United States Attorney Jennifer Rada Herrald are in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorney announces 69-count indictment charging owners, managers and physicians associated with Hope ClinicRead the Press Release
United States Attorney Mike Stuart announced the unsealing of a 69-count indictment charging a total of 12 individuals with operating a “pill mill.” The indictment charges the owners, managers and physicians associated with HOPE Clinic, which operated as a purported pain management clinic in Beckley, Beaver and Charleston, West Virginia, as well as Wytheville, Virginia, and a related company, with conspiring to distribute oxycodone and other Schedule II controlled substances, not for legitimate medical purposes and outside the usual course of professional practice, from November 2010 to June 2015.
United States Attorney Mike Stuart was joined in the announcement by Special Agent in Charge Maureen Dixon, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Philadelphia Regional Office and Assistant Special Agent in Charge Sherri Arp, Internal Revenue Service Criminal Investigations (IRS CI), Washington, D.C. Field Office. “I commend the work of my team, under the leadership of AUSAs Monica Coleman and Meredith Thomas and the critical work of our law enforcement partners,” said United States Attorney Mike Stuart. Stuart commended the investigation conducted by agents with:
- U.S. Department of Health and Human Services, OIG
- Internal Revenue Service, Criminal Investigations
- Food and Drug Administration – Office of Criminal Investigations (OCI)
- Federal Bureau of Investigation
- Drug Enforcement Administration
- West Virginia State Police
- Metropolitan Drug Enforcement Network Team (MDENT)
- Beckley Police Department
- Kentucky State Police
- Harrison County (KY) Sheriff’s Department
- Appalachia HIDTA
The charges announced today aggressively target medical professionals involved in the unlawful distribution of opioids and other dangerous controlled substances. “As of today, there are 69 counts. 10 doctors in total. Clinics from Beckley to Beaver, and Charleston to Wytheville. Lots and lots of pills, and even more misery,” said United States Attorney Mike Stuart. Stuart continued, “Home-grown drug dealers hidden behind the veil of a doctor’s lab coat, a medical degree and a prescription pad are every bit as bad as the heroin dealers from Detroit who bring their poisons to West Virginia. Today’s 69-count indictment is the continuation of our efforts to hold accountable those who prey on the good citizens of West Virginia.”
The following individuals are charged in the indictment: James H. Blume, Jr., D.O, Mark T. Radcliffe, Joshua Radcliffe, Michael T. Moran, M.D., Sanjay Mehta, D.O., Brian Gullett, D.O., Vernon Stanley, M.D., Mark Clarkson, D.O., William Easley, D.O., Paul W. Burke, M.D., Roswell Tempest Lowry, M.D., and Teresa Emerson, LNP. “We are committed to protecting all those in government health programs,” said Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “Working side by side with our law enforcement partners we will aggressively investigate charges of medical providers needlessly prescribing deadly opioids.”
In addition to the conspiracy charge, the indictment charges defendants Blume and Mark Radcliffe with maintaining drug-involved premises in Beckley, Beaver and Charleston, and includes 62 counts charging several physicians with distribution of controlled substances not for legitimate medical purposes and outside the usual course of professional practice. The indictment also charges Sanjay Mehta, D.O., a former physician at the Beckley and Beaver HOPE Clinic locations, with two counts of distribution of controlled substances causing death, and charges 10 of the defendants with conspiracy to launder drug proceeds by paying bonuses to HOPE Clinic physicians and employees of Patients, Physicians, and Pharmacists Fighting Diversion, Inc. (PPPFD), to encourage continued prescribing of Schedule II narcotics to customers.
According to the indictment, defendant James H. Blume, Jr., D.O., the owner of the HOPE Clinic, entered into a Physician Practice Management Agreement with defendant Mark T. Radcliffe, owner of PPPFD, to be the practice manager of the HOPE Clinic. The indictment alleges that together Blume and Radcliffe operated HOPE Clinic as a cash-based business that prescribed oxycodone and other Schedule II controlled substances to customers, while refusing to accept insurance, charging in-state customers at least $275 for an initial appointment, and at least $160 for each subsequent appointment. Out of state customers paid as much as $330 for initial visits and at least $185 for subsequent visits. The indictment alleges that HOPE Clinic practitioners prescribed thousands of oxycodone-based pills to individual customers and some HOPE Clinic locations, including Beaver and Charleston, averaged 65 or more customers a day during a 10-hour workday with only one practitioner working. In addition, the indictment alleges that Blume and Mark T. Radcliffe contracted the services of physicians without any knowledge of pain management who consistently conducted cursory, incomplete, or no medical examinations of Clinic customers and provided large amounts of Schedule II prescription medications to customers that they knew, and had reasonable cause to believe, were drug addicts. The indictment further alleges that Mark T. Radcliffe and his son, Joshua Radcliffe, neither of whom had any formal medical education or training, instructed medical practitioners at HOPE Clinic to provide customers with prescriptions for Schedule II controlled substances, sometimes in direct contrast with the practitioners’ clinical opinions.
"Those who facilitate the abuse of controlled dangerous substances are negatively impacting our entire community and will be held accountable,” said Kimberly Lappin, Special Agent in Charge, IRS Criminal Investigation, Washington D.C. Field Office. “Today’s indictment is a reminder that IRS-CI will remain vigilant in our financial investigations and will continue to work with our law enforcement partners to combat this type of conduct.”
If convicted on all charges as alleged in the indictment, Dr. Blume and Mark Radcliffe face up to 100 years; Joshua Radcliffe faces up to 20 years; Teresa Emerson faces up to 20 years; Michael Moran faces up to 60 years; Sanjay Mehta faces a forty year mandatory minimum sentence up to life imprisonment; Vernon Stanley faces up to 240 years; Brian Gullett faces up to 340 years; Mark Clarkson faces up to 80 years; William Earley faces up to 200 years; Paul Burke faces up to 180 years; and Roswell Tempest Lowry faces up to 120 years. In a related case, John Pellegrini faces up to 20 years imprisonment for his role in a conspiracy to commit money laundering.
This case 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.
Please find a link to the Indictment and Information below.
Indictment
Information
Please note: An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Hurricane felon pleads guilty to federal gun and drug crimesRead the Press Release
HUNTINGTON, W.Va. - A Hurricane man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart. Malcolm Hodges, 25, entered his guilty plea to being a felon in possession of a firearm and possessing methamphetamine with intent to distribute. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Dunbar Police Department.
“Drugs and guns are a bad combination. Either by itself can be deadly. Together they are lethal,” said U.S. Attorney Stuart. “Sadly, Hodges has earned a long time behind bars. The lesson is simple – don’t sell drugs and don’t illegally possess a gun.”
Hodges admitted that on September 1, 2016, he possessed a Smith and Wesson .45 caliber revolver. Officers recovered the weapon next to his car after he fled a DUI checkpoint in Putnam County. Hodges is prohibited from possessing any firearm because of a 2013 conviction in Kanawha County Circuit Court for wanton endangerment with a firearm.
Hodges also admitted to possessing with the intent to distribute over 72 grams of methamphetamine in Dunbar on April 23, 2017. Hodges threw the drugs out of his vehicle during a brief police pursuit, but officers with the Dunbar Police Department recovered the drugs shortly after the chase ended.
Hodges faces at least five and up to 50 years in federal prison when he is sentenced on May 21, 2018.
Assistant United States Attorney Matt Davis is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case is also 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, including methamphetamine. 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.
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Huntington man sentenced to prison for federal heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man caught with heroin in January 2015 was sentenced today to two years and a month in federal prison, announced United States Attorney Mike Stuart. Daniel Justin Watts, 32, previously pled guilty to a single-count indictment charging him with possession with intent to distribute heroin. U.S. Attorney Stuart commended the investigative efforts of the Huntington FBI Drug Task Force.
“A safe Huntington is a top priority for me and my office,” said U.S. Attorney Stuart. “I can assure you that aggressive prosecution of drug dealers and violent criminals is the cornerstone of our strategy to take back Huntington from the opioid crisis. The federal prison population is down 17% and there’s plenty of room at the inn for drug thugs.”
On January 7, 2015, agents with the Huntington FBI Drug Task Force arrested Watts in a parking lot at 1034 14th Street West in Huntington after observing him distributing heroin in the area. Officers transported Watts to the Huntington Police Department and, during a search, found heroin he had concealed in his groin area. The heroin was packaged for distribution, and Watts admitted that he intended to sell the drugs. As part of the plea agreement, Watts further admitted that he distributed heroin in Huntington during the months of December 2014 and January 2015.
Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor handled the case. United States District Judge Robert C. Chambers imposed the sentence.
This 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.
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Kanawha County man pleads guilty to gun and drug chargesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart. Fashawn Cannon, 27, of Hernshaw, entered his guilty plea to distribution of oxycodone and carrying a firearm during a drug trafficking crime. U.S. Attorney Stuart commended the investigative efforts of the U.S. Route 119 Drug and Violent Crime Task Force and the Kanawha County Sheriff’s Office.
“Violent drug dealers are going to have to learn that there’s a prison cell waiting for them if they push pain pills in our communities,” said U.S. Attorney Stuart. “My office’s aggressive prosecution of dangerous drug criminals will continue until we take back our streets from this epidemic.”
Cannon admitted that on November 17, 2017, he sold oxycodone at a residence on Carnation Lane in Hernshaw to a confidential informant working with law enforcement. Cannon further admitted that during the drug deal, he carried a Hi-Point, Model C9, 9mm pistol. That same day, officers seized the gun during a search, along with dealer quantities of heroin, fentanyl, and additional oxycodone.
Cannon faces at least five years and up to life in federal prison for the gun charge. He also faces up to 20 years in prison for the drug charge. The sentences will be served consecutively. Cannon is scheduled to be sentenced on May 16, 2018.
Assistant United States Attorney Matt Davis is responsible for the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case is also 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.
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Florida felon pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Florida man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Derrick Shane McCullough, 27, of Keystone Heights, entered his guilty plea to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“As a staunch supporter of the Second Amendment, I take the prosecution of criminals who violate the gun laws that protect that right extremely seriously,” said U.S. Attorney Stuart. “Dangerous felons who disregard our gun laws put our communities at risk, and we will continue working with law enforcement to keep guns out of the hands of criminals.”
On July 16, 2016, officers with the Charleston Police Department stopped a vehicle on Chandler Drive in Charleston for a seatbelt violation. When one of the officers asked if there was anything illegal in the car, McCullough, a passenger, told the officer that there was a gun under his seat. Officers subsequently seized a short-barreled shotgun that McCullough admitted he had brought into the vehicle with him. McCullough was prohibited from possessing any firearm under federal law because of felony convictions in Florida in 2014 for burglary of a dwelling and grand theft.
McCullough faces up to 10 years in federal prison when he is sentenced on May 10, 2018.
Assistant United States Attorney Gabriele Wohl is in charge of the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Detroit drug dealer sentenced to 10 years in federal prison for methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A Detroit man was sentenced today to 10 years in federal prison for a drug charge, announced United States Attorney Mike Stuart. Willie McCall, 34, previously pled guilty to distribution of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team.
“Let this sentence send a message to any Detroit criminals who want to set up shop in our state – your poison peddling is not welcome, and we’ll make sure you have plenty of time to think about it behind bars,” said U.S. Attorney Stuart. “You can be sure that my office is laser focused on keeping our streets safe by targeting drug dealers with aggressive prosecution.”
McCall admitted that on February 7, 2017, he sold methamphetamine to a confidential informant working with law enforcement. The drug deal took place outside a local business near Nitro. Later that same date, when McCall was arrested, law enforcement found $100 of recorded buy money in his possession that was used in the controlled purchase. At the time McCall committed this offense, he was on parole in Michigan for weapons charges.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
This case was 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, including methamphetamine. 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.
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Charleston meth dealer pleads guilty to federal drug chargeRead the Press Release
CHARLESTON, W.Va. – A Charleston man who sold methamphetamine while on federal supervised release pled guilty today, announced United States Attorney Mike Stuart. Ravi White, 27, entered his guilty plea to distribution of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team.
“Thanks to the brave work of officers who put their lives on the line every day to protect our safety, another drug dealer is off the streets,” said U.S. Attorney Stuart. “We will keep going after drug thugs until they get the message - we’re determined to put them out of business and behind bars for a long time.”
White admitted that on October 26, 2017, he sold nearly 90 grams of methamphetamine to a confidential informant working with law enforcement. The drug deal took place on McClung Street in Charleston. White further admitted that he also sold over 50 grams of methamphetamine to a confidential informant on two separate occasions in October 2017. Officers executed a search warrant on White’s residence on November 2, 2017, and seized $320 in recorded buy money from the controlled purchases of narcotics, as well as an additional $5,040 in cash and a handgun from his vehicle.
White faces at least five and up to 45 years in federal prison when he is sentenced on May 23, 2018.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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 illegal drugs, including methamphetamine. 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.
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Charleston man headed to prison for illegally possessing sawed-off shotgunRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to two years in federal prison for a gun crime, announced United States Attorney Mike Stuart. Joe Orville Fooce, III, 44, previously pled guilty to possession of a shotgun with a barrel length less than 18 inches and an overall length less than 26 inches not registered to him in the National Firearms Registration and Transfer Record. U.S. Attorney Stuart commended the investigative efforts of the South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“I support the Second Amendment 100%, but criminals who possess guns are a threat to innocent people, law enforcement, and, ultimately, the Second Amendment,” said U.S. Attorney Stuart. “As United States Attorney, I will make sure that my office continues working with law enforcement to prosecute anyone that cannot respect the Second Amendment and the gun laws that protect it.”
In July 2016, South Charleston police officers found Fooce unresponsive at an intersection. After Fooce was transported by medics, officers discovered the sawed-off shotgun in his backpack. Fooce admitted that he knew the firearm had been modified from its original length.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge Irene C. Berger imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Mingo County woman sentenced to federal prison for conspiracy to engage in sex trafficking of a minorRead the Press Release
CHARLESTON, W.Va. – A Mingo County woman was sentenced today to six years in federal prison, to be followed by 20 years of supervised release, for a sex trafficking crime involving a minor, announced United States Attorney Mike Stuart. Misty Dawn Baisden, 40, of Delbarton, previously pled guilty to conspiracy to engage in sex trafficking of a minor. Baisden was also ordered to register as a sex offender.
U.S. Attorney Stuart commended the investigative efforts of the FBI Violent Crimes Against Children Task Force, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Ashland Police Department, and the Boyd County Sheriff’s Department.
“The facts of this case are appalling and disgusting, and this case should send a strong message that there is absolutely no tolerance for sex trafficking of children. We will continue working tirelessly with our law enforcement partners to aggressively investigate and prosecute these predators,” said U.S. Attorney Stuart. “We will never shy away from our duty to hold those accountable who seek to harm our children and commit these despicable crimes.”
Baisden admitted that in March 2017, she conspired with her codefendant, David Wayne Young, using her cell phone to engage a minor in commercial sex. The communication involved photographs of a minor and the discussion of exchanging money, items, or other things of value for sexually explicit photographs or sexual activity. Baisden admitted that she understood from the entire conversation that Young would be providing her with assistance in engaging in commercial sexual activity with a minor. Young pled guilty to sex trafficking of a minor, and faces at least 15 years and up to life in federal prison when he is sentenced on May 1, 2018.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorneys announce initiative to combat violent crime and drug trafficking in Tri-State areaRead the Press Release
ASHLAND, Ky. – Today, the three United States Attorneys for the Tri-State area: Robert M. Duncan, Jr., of the Eastern District of Kentucky; Michael B. Stuart, of the Southern District of West Virginia; and Benjamin C. Glassman, of the Southern District of Ohio, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), state and local law enforcement and prosecutors, and other law enforcement partners announced the formation of a law enforcement working group, to enhance joint efforts to combat violent crime and drug trafficking in the Kentucky, West Virginia, and Ohio Tri-State area.
The working group met for the first time on February 9, 2018, in Ashland.
The collaboration is part of the U.S. Department of Justice’s enhanced Project Safe Neighborhoods (PSN) Program, a crime reduction program incorporating long-standing law enforcement partnerships to help produce a long-term, meaningful reduction in violent crime. PSN is a comprehensive approach to public safety, one that includes prevention, enforcement, and reentry efforts.
The working group will focus its efforts on individuals responsible for violent crimes and significant drug trafficking activities in the area. As part of the collaborative partnership, members of ATF, FBI, DEA, and state and local law enforcement personnel will meet regularly to share intelligence, and to review cases about the most dangerous offenders in the area, including those cases in which the offender’s conduct involves possession or use of a firearm. The cases will be evaluated to ensure that the most appropriate penalties will be applied to the offenders, whether in federal or state court. The ultimate goal of the collaboration is to reduce violent crime and access to illegal drugs, and make the Tri-State safer.
“As Attorney General Sessions has confirmed, combatting violent crime, reducing access to drugs, and partnering with state and local law enforcement efforts are top priorities for the Department of Justice,” said U.S. Attorney Duncan. “By working together to investigate and prosecute the most dangerous individuals in the Tri-State, we are sending a clear message that we will protect our communities against those who do them harm. If you are using firearms to commit acts of violence or illegally selling drugs – especially those that cause an overdose death – you are on notice: your conduct will not be tolerated; and if it continues, you risk arrest, prosecution, and the forfeiture of your freedom.”
“The good people of the Tri-State and good cities like Huntington, Ashland, Ironton and Portsmouth, have paid too high a price because of violent crime and the drug scourge. Effective partnerships, sharing resources and intelligence, and aggressive enforcement are the best offense to defeat those that bring chaos and despair to our communities,” said U.S. Attorney Stuart. “Now is the time to take our streets back from violent offenders and drug dealers that cause havoc. We are committed to working together as true partners in this fight to reduce violent crime, protect our citizens, and put dangerous criminals behind bars for as long as possible.”
“State lines don’t stop criminals from committing violence in our communities, so they shouldn’t stop our law enforcement efforts, either,” U.S. Attorney Glassman said. “Today’s announcement highlights our dedication to working together across governmental levels and geographic boundaries to get the job done.”
Today’s announcement follows U.S. Attorney General Sessions’s directives to federal law enforcement and prosecutors, to reinvigorate the Project Safe Neighborhoods Program in an effort to reduce rising violent crime in America, and to combat access to illegal drugs, particularly opiates and opioids.
Mexican national pleads guilty to immigration crimeRead the Press Release
HUNTINGTON, W.Va. – A Mexican national pled guilty today to an immigration crime, announced United States Attorney Mike Stuart. Nahum Ortiz-Perez, also known as Oscar Marin-Trujillo, 30, entered his guilty plea to illegally reentering the United States. U.S. Attorney Stuart commended the investigative efforts of the Milton Police Department and U.S. Immigration and Customs Enforcement.
“We are a nation of laws. Free sanctuary should never be provided to those that illegally enter our country,” said U.S. Attorney Stuart. “We will continue to prosecute individuals who illegally jump ahead of those following the rules and abiding by our immigration laws – laws that provide for critical immigration and protect American citizens.”
On December 3, 2017, Ortiz-Perez was spotted acting suspiciously in Milton in Cabell County near an auto repair shop. Milton Police Officers approached Ortiz-Perez, and he offered them a Mexican voter registration card as an identification document. The officers immediately contacted ICE agents, who responded to the scene, confirmed that Ortiz-Perez was not in the United States legally, and took him into custody.
Ortiz-Perez’s fingerprints matched him to a 2013 Idaho felony drug conviction. After his felony sentence in Idaho was discharged, Ortiz-Perez was deported from the United States. He reentered the United States in 2014, and was captured in Douglas, Arizona. Ortiz-Perez was again deported, and sometime afterward he reentered the United States. Ortiz-Perez gave a statement to law enforcement admitting he was not in the United States legally, that he had been deported on two prior occasions, and that he was a Mexican national subject to deportation proceedings. He also admitted to using multiple aliases while in the United States, including Oscar Marin-Trujillo, Wilson Ruiz-Martinez, Earnest Guzman, and Edgar Lucio.
Ortiz-Perez faces up to 10 years in federal prison when he is sentenced on May 14, 2018. He also faces deportation proceedings at the conclusion of his sentence.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the plea hearing.
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