Southern District of West Virginia

Charleston, WV – United States Attorney Booth Goodwin announced today that his office has collected $7,847,442.99 in fiscal year 2014.  Of this amount, $2,887,853 was collected in criminal actions, $2,430,992 was collected in civil actions, and $1,923.369.99 was collected in asset forfeiture. 

Additionally, the U.S. Attorney’s Office for the Southern District of West Virginia worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $605,227 in cases jointly pursued.  Of this amount, $1,227 was collected in criminal actions and $604,000 was collected in civil actions.

Attorney General Eric Holder announced on November 19, 2014 that the Justice Department collected $24.7 billionin civil and criminal actions in the fiscal year ending Sept. 30, 2014.  The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.

“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder.  “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy.  And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”   

Goodwin noted, “The nearly $8 million collected represents more than 1.5 times the total operating budget for my office for an entire year.  These collections represent the collaborative efforts of my civil and criminal divisions, attorneys and staff, and numerous federal, state and local law enforcement agencies.  Working together, we not only keep our communities safer, but we hold those committing crimes financially accountable and disgorge their dishonest gains.”

This past May, the Southern District of West Virginia recovered $4.675 million as part of the settlement with Massachusetts-based Calloway Laboratories, Inc. relating to false billings submitted to West Virginia Medicaid and nationwide to Medicare.  The settlement represents the largest-ever recovery in a health care fraud case by a United States Attorney’s Office in West Virginia. 

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education. 

In addition to the civil and criminal collections, Goodwin’s office working with partner agencies and divisions, collected $1,923,369.99 in asset forfeiture actions in FY 2014. Forfeited assets are used to restore funds to crime victims and for a variety of law enforcement purposes.  This makes the total amount collected by Goodwin’s office in fiscal year 2014 to $7,847,442.99.  

Illegal Immigrant was Deported After Felony Drug Conviction

CHARLESTON, W. Va. -  United States Attorney Booth Goodwin announced that Jorge Leonardo Reyes-Figueroa, 26, from Honduras was sentenced today in federal court in Charleston to two and a half years in prison for illegal reentry into the United States following deportation.  He also faces administrative deportation after being released from prison. 

In 2010, Reyes-Figueroa, an illegal immigrant from Honduras, was convicted in Adams County, Colorado of a felony drug offense involving heroin distribution.  Following the criminal conviction, Reyes-Figueroa was deported to Honduras.  Sometime thereafter, Reyes-Figueroa illegally reentered the United States.  In May of 2014, officers with the West Virginia State Police found Reyes-Figueroa living in Ripley, West Virginia. 

The West Virginia State Police and the United States Department of Homeland Security conducted theinvestigation.  Assistant United States Attorney Erik S. Goes is prosecuting the matter on behalf of the United States of America.  

CHARLESTON, W.Va. – Two members of a heroin distribution ring operating in Washington County, Ohio and Wood County, West Virginia were sentenced today, announced United States Attorney Booth Goodwin.  Cordaro “Chops” Johnson, 23, and Zina Wakefield, 28,  previously pleaded guilty in August 2014 to distribution of heroin.  Johnson was sentenced to 44 months in federal prison.  Wakefield was sentenced to three years of probation.

This case was prosecuted as part of an investigation by the Parkersburg Police Department into a drug trafficking organization with ties to Marion, Ohio and Chicago, Illinois.  Daquarri Coats, 21, and Keith Irons, 23 of Marion, Ohio, and Marion Felder of Upper Sandusky, Ohio are currently serving, or have served federal prison sentences.  Gerri Rae Parker, 30, of Parkersburg awaits sentencing in February 2015. 

Assistant U.S. Attorney, Joshua C. Hanks handled 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. 

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Derrick Dujuan Greathouse, 36, of Columbus, Ohio, was sentenced today in federal court in Charleston to 70 months imprisonment for possession of crack cocaine with intent to distribute.  Greathouse entered a guilty plea in June of 2014, admitting that he possessed approximately more than 200 grams of cocaine base for distribution in Charleston.  Officers found the cocaine base in a rental car Greathouse was driving.  Officers also found nearly $15,000 in cash that Greathouse admitted was drug proceeds.  At the time of his arrest, Greathouse was on parole for a second degree murder conviction out of Wood County.

This case was investigated by the Metropolitan Drug Enforcement Network Team and the South Charleston Police Department.   

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Ronald Greer, 59, of Beckley, West Virginia, pled guilty in federal court in Beckley to distributing heroin.  Greer admitted that on August 29, 2014, he sold heroin to a person who was cooperating with law enforcement authorities.  The drug deal took place on Adrian Court in Beckley, West Virginia. 

Greer faces up to 20 years in prison and a $1,000,000 fine.  United States District Judge Irene C. Berger scheduled the sentencing for March 4, 2015.

The Beckley/Raleigh County Drug and Violent Crime Unit conducted the investigation.

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 opiates.  The United States 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. 

HUNTINGTON, W.Va. –  United States Attorney Booth Goodwin announced today that Leroy Lumpkin Wilson, also known as Brian Knowles and B. K., 33, of Lexington, Kentucky, pled guilty in federal court in Huntington today to conspiracy to distribute cocaine and heroin.  Wilson admitted that between as early as 2010 and January 20, 2014, he worked as a drug courier for Mark Silverburg, a drug supplier for Kenneth Newman, also known as “K-Kutta.” Wilson transported cocaine from around Lexington to Huntington for Newman.  Wilson also carried payments for the cocaine from Newman to Silverburg.

On January 8, 2014, Wilson brought approximately $6,800 from Newman’s residence on Artisan Avenue in Huntington to Silverburg in Kentucky. On January 9, 2014, Silverburg instructed Wilson to travel from Lexington to Newman’s residence in Huntington.  Prior to that drive, Silverburg placed a brown paper bag in the trunk of the car Wilson was driving. Once Wilson arrived at Newman’s residence, Newman took two plastic bags full of cocaine out of the brown paper bag. Wilson estimated the total weight of the cocaine to be between 6 and 9 ounces.

Wilson also performed construction work on rental property owned by George Newman, Kenneth Newman’s brother.  Wilson was paid in cash and in heroin for the work performed.  George Newman instructed Wilson to pay his workers in heroin.

Silverburg, the Newman brothers, and seven other defendants have pled guilty to various charges stemming from the year-long investigation by the United States Drug Enforcement Administration, United States Bureau of Alcohol, Tobacco, Firearms and Explosives, Huntington Police Department, and the Metropolitan Drug Enforcement Network Team.  The investigation revealed that in addition to cocaine and heroin, members of the Newman conspiracy were responsible for distributing oxycodone, crack cocaine, morphine, MDMA, known on the street as “Molly” or “Ecstasy,”  and marijuana.

Wilson faces up to 20 years imprisonment and a $1 million fine when he is sentenced on February 23, 2015.

The 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. 

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Christopher D. Norman, 34, of Ranger, West Virginia,  was sentenced to four years and nine months in federal prison for his involvement in the distribution of oxycodone in Lincoln County, West Virginia.  The sentenced was imposed by United States District Court Judge John T. Copenhaver Jr.

Norman previously pled guilty in May of 2014, admitting that on August 23, 2012, he sold oxycodone to a confidential informant working with law enforcement.   In addition to the August 12, 2012 drug deal, the same confidential informant bought oxycodone from Norman five other times.  Norman admitted distributing oxycodone in Lincoln County on nearly a daily basis for the past five years. 

The case was investigated by the Huntington Violent Crime and Drug Task Force and the West Virginia State Police.  

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. 

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that a Huntington man was sentenced today to three years and five months in federal prison for unlawfully acquiring five guns from a Huntington pawn shop.  Estill Timothy Slone, 46, previously pled guilty in federal court in Huntington to being a felon in possession of a firearm.

On February 26, 2014, Slone and Brittany Amanda Hewlett went to a Huntington pawn shop to buy five guns.  Hewlett completed the required federal firearms form on which she lied claiming to be the actual purchaser of the guns when she knew the guns were really for Slone.  Hewlett had agreed to acquire the guns for Slone who was prohibited from possessing a firearm because he was a convicted felon.  On March 4, 2014, Slone and Hewlett returned to the pawn shop to complete the transaction.  The guns were delivered to Slone by an undercover ATF agent, after which Slone was immediately arrested. 

Hewlett was sentenced in August of 2014 to 12 months and 1 day imprisonment for her role in this offense.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 working with existing local programs that target gun crime.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Bonita Witt-Hird, 60, of Thorpe (McDowell County) West Virginia, pled guilty today in federal court in Charleston to filing fraudulent water quality reports.
Witt-Hird was formerly employed as the office manager for Richmorr Associates, Inc., an environmental engineering firm in Elkview, West Virginia.  Richmorr provides water sampling services to wastewater treatment plants throughout West Virginia.  Wastewater plants are required by state and federal law to sample wastewater discharges.  The results are submitted to the West Virginia Department of Environmental Protection (WVDEP).  WVDEP reviews the results to ensure compliance with water quality standards.  In the event of non-compliance, WVDEP may levy fines or, in extreme cases, shut down the wastewater treatment plant. 

From April of 2012 to June of 2013, Witt-Hird filed approximately 80 false reports with the WVDEP.  These false reports made it appear that current water quality sampling had been performed for the wastewater plants when, in fact, the test results had been copied from previous years.

Witt-Hird previously plead guilty on September 26, 2013 to obstructing an IRS investigation and is currently imprisoned on the sentence imposed for that offense.  For the fraudulent water quality report offense, Witt-Hird faces a maximum  penalty of two years imprisonment, and a fine of up to $250,000.  She is scheduled to be sentenced on January 5, 2015.

The investigation was conducted by the Environmental Protection Agency, Criminal Investigation Division, the WVDEP and the Federal Bureau of Investigation.  Assistant United States Attorney Erik  S. Goes is in charge of the prosecution. 

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Terry L. Daugherty, 49, of Nellis, West Virginia pled guilty in federal court in Charleston today to aiding and abetting the possession with intent to distribute methamphetamine. Daugherty admitted that he arranged the delivery of methamphetamine to a home in Nellis that he intended to recover and sell in the Boone County area. Daugherty promised the resident of the home some of the drugs in return for allowing the delivery to his address.  Daugherty also admitted that he had two similar packages of methamphetamine delivered to his own home, but changed the delivery site for the recent package out of concern that his house law enforcement might be watching his own home. Daugherty faces up to 20 years imprisonment and a $1,000,000.00 fine when he sentenced February 23, 2015.

The successful prosecution of Daugherty was the result of the combined efforts of the Drug EnforcementAdministration and the US 119 Drug and Violent Crime Task Force. 

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. 

CHARLESTON, W.Va. – A Saint Albans man who sold methamphetamine to an informant in Jefferson and Saint Albans, West Virginia on four occasions in November and December of 2012 was sentenced today to serve three years and ten months in federal prison, announced United States Attorney Booth Goodwin.  Alva Osborne, 47, previously pleaded guilty in April of 2014 to distribution of methamphetamine.

This case was investigated by the Metropolitan Drug Enforcement Network Team.   Assistant United States Attorneys Haley Bunn and Jennifer Rada Herrald handled the prosecution. 

CHARLESTON, W. Va. -  United States Attorney Booth Goodwin announced that John E. Swain II, 52, of Charleston, West Virginia pleaded guilty today to impersonating a federal law enforcement officer.  On April 14, 2014, Swain chased a Ford Explorer on I-77, while the passenger in Swain’s car waived a badge that appeared to belong to a United States Marshal.  The driver of the Ford Explorer was an undercover Kanawha County Detective.  When the Detective pulled over at the Greenbrier Street exit, Swain sped away.  The Detective followed Swain and directed him to stop.  When the Detective approached the car, Swain asserted that he was a United States Marshal from Richmond, Virginia.  Swain also advised that he asked his passenger to waive the badge because the Detective was driving too fast and Swain wanted him to slow down. The Detective contacted the United States Marshal in Richmond and learned that Swain had never been employed with the federal law enforcement agency.  When confronted, Swain admitted that he had lied to avoid arrest for impersonating a federal officer.  Swain claimed that he bought the fake badge on the internet. 

Swain faces a maximum penalty of three years in prison, a $250,000 fine and three years of supervised release, when sentenced on February 23, 2015. 

The United States Marshal Service and the Kanawha County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Erik S. Goes is responsible for the prosecution.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Shannon Murray, 42, of Charleston, West Virginia was sentenced today in federal court in Charleston to one year and one day in federal prison.  Murray previously pled guilty in August of 2014 admitting that he sold oxycodone pills to a confidential informant working with the Metropolitan Drug Enforcement Network Team (“MDENT”) on February 25, 2013 at a home on Kirkwood Drive in Charleston. Following the drug deal,  Murray was arrested with another individual believed to have been the Detroit source for the pills Murray sold. 

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.  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. 

CHARLESTON, W. Va. -  United States Attorney Booth Goodwin announced that Felipe Vargas-Briones, 28,  was sentenced to twelve months and one day in prison for the federal offense of  reentering the United States after previous deportation to Mexico.  He also faces administrative deportation from the United States at the conclusion of his sentence. 

Vargas-Briones was convicted in July of 2008 for being an illegal immigrant in possession of a firearm.  Following the conviction, he was deported to Mexico and prohibited from returning to the United States.  During a routine traffic stop in May of 2014, West Virginia State Police found Vargas-Briones near Chelyan, West Virginia. The West Virginia State Police and the United States Department of Homeland Security conducted the investigation.  Assistant United States Attorney Erik S. Goes prosecuted the matter on behalf of the United States of America.   The Honorable John T. Copenhaver, Jr. presided over the sentencing.

CHARLESTON, W.Va. – A Dunbar man who illegally possessed a firearm on November 30, 2012, pleaded guilty today to a federal firearms charge, announced U.S. Attorney Booth Goodwin.  Blaine Jerome Ivery, 32, pleaded guilty in federal court in Charleston to being a felon in possession of a firearm. At approximately 3 a.m. on November 30, 2012, members of the Charleston Police Department were parked outside of the Impulse night club on Capitol Street in downtown Charleston when they heard what they believed to be a gunshot.  Officers then watched Ivery run a red traffic light in a car near the area where the gunfire sounded.  When officers stopped the car, Ivery tossed a loaded Hi-Point 9mm semiautomatic from the passenger side of the car onto the sidewalk.  Ivery was alone in the car. A spent 9 mm shell casing was also recovered from inside the vehicle.

Ivery had previously been convicted in the Circuit Court of Kanawha County, West Virginia, in 2010 of wanton endangerment with a firearm.  He faces up to ten years in federal prison when he is sentence on February 18, 2015.  The Charleston Police Department, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, conducted the investigation.  Assistant United States Attorneys Haley Bunn and Jennifer Rada Herrald are in charge of the prosecution.

The case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a commitment of U.S. Attorney Goodwin’s office and other officials nationwide to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Jury also returns guilty verdicts on Federal Gun Charges and Witness Tampering

CHARLESTON, W.Va. – Late Friday, a federal jury sitting in Charleston returned a guilty verdict on all five counts of an indictment against Willie Slocum, Jr., 35, of Detroit, Michigan.  Slocum was convicted following a five day trial of conspiracy to distribute over one kilogram of heroin, conspiracy to distribute oxycodone, two counts of being a felon in possession of a firearm, and one count of tampering with a witness. The jury heard testimony last week from fifteen witnesses who purchased heroin and pills from Slocum, and who sold pills and heroin for Slocum in the Charleston area.  Slocum was prohibited from possessing firearms by virtue of felony convictions in Michigan in 1999 for Second Degree Murder, Assault with Intent to Murder and Felony Possession of Firearms.  Slocum faces up to life imprisonment when he is sentenced on February 4, 2015, by United States District Judge John T. Copenhaver, Jr., who also presided over the trial.

The Kanawha County Sheriff’s Office conducted the investigation.   

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 and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. 

Beckley, W.Va. – United States Attorney Booth Goodwin announced today that a federal inmate pled guilty and was sentenced in federal court in Beckley for possessing a dangerous weapon.  Desmel Cooper, 32, an inmate at the Federal Correctional Institution at Beckley, admitted that on July 1, 2014 he possessed a shank, a handcrafted prison weapon, at the prison.  United States Magistrate Judge R. Clarke VanDervort sentenced Cooper to one year in prison, to be served consecutively to the sentence he is now serving.    The case was investigated by the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney John File.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Jason Calendar, 38, of Beckley, West Virginia, pled guilty in federal court in Charleston to distributing heroin.  Calendar admitted that on August 1, 2014, he sold heroin to a person who was cooperating with law enforcement authorities.  The drug deal took place on Laurel Terrace in Raleigh, West Virginia. 

Calendar faces up to 20 years in prison and a $1,000,000 fine.  United States District Judge Irene C. Berger scheduled the sentencing for February 11, 2015.

The Beckley/Raleigh County Drug and Violent Crime Unit conducted the investigation.

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 opiates.  The United States 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.  

Defendant swindled victims out of more than $210,000 in bogus investment scheme

Huntington, W.Va. – A Point Pleasant man today admitted defrauding two elderly victims of more than $210,000 in a bogus investment scheme, United States Attorney Booth Goodwin announced. Mark Anthony, 40, of Point Pleasant, West Virginia, pleaded guilty to mail fraud in a hearing before Chief United States District Judge Robert C. Chambers.

Anthony admitted that over a span of nearly 10 years, he deceived an elderly Point Pleasant couple into believing that he was a licensed investment representative who would invest their money in high-yielding annuities and money-market accounts. The couple gave him more than $210,000 of their savings to invest, with the wife continuing to give Anthony money for supposed investments after her husband passed away. Instead of investing the money, Anthony stole it, spending the couple’s nest egg to buy things for himself and pay personal expenses. Occasionally, Anthony mailed the couple a small check that he pretended was a return on their investments, but which actually was Anthony’s own money that he sent to keep them on the hook. Anthony also mailed the couple fake tax forms that pretended to show their income from investments Anthony had made for them. 

“Protecting West Virginia’s senior citizens from scams like this has been a priority for me from day one,” said U.S. Attorney Goodwin. “This case is a reminder to stay vigilant. There are plenty more scammers out there like this defendant, who may seem trustworthy but are really out to separate people from their hard-earned savings. Always be wary of any deal that seems too good to be true.”

U.S. Attorney Goodwin’s website provides information for seniors to avoid becoming victims of fraud and other crimes: http://www.justice.gov/usao/wvs/Safe-senior-brochure.pdf.

Anthony faces up to 20 years in prison when he is sentenced on February 17, 2015. 

The West Virginia State Police Bureau of Criminal Investigation and the FBI investigated the case. Counsel to the United States Attorney Steve Ruby and Assistant United States Attorney Gabriele Wohl are handling the prosecution.

CHARLESTON, W.Va. – An Ohio man who twice sold heroin to an informant in Parkersburg, West Virginia was sentenced today to serve a year and a half in federal prison, announced United States Attorney Booth Goodwin.  Keith Irons, 24, of Cleveland, Ohio, previously pleaded guilty in April of 2014 to distribution of heroin.  On October 3 and 6, 2013, investigators from the Aggressive Crimes Enforcement (ACE) Task Force in Parkersburg used an informant to purchase $2,950.00 worth of heroin from Irons.

The investigation of Irons was part of a larger effort by ACE and the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) to dismantle a large heroin distribution ring involving individuals from Chicago, Illinois and Marion, Ohio.  Irons is one of six individuals prosecuted in federal court as a part of the investigation. 

This case was investigated by the ACE and the PNTF.   Assistant United States Attorney Joshua Hanks handled the prosecution. 

The 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. 

Appleton Sold Cocaine, Ecstasy and Heroin at Newman’s Direction

Huntington, W.Va. – United States Attorney Booth Goodwin announced that Brandon Jay Appleton, 25, of Belle, West Virginia, was sentenced today in federal court in Huntington to 33 months of imprisonment for possession with intent to distribute cocaine and MDMA, commonly known as “Molly” or “Ecstasy.”  On January 20, 2014, investigators working with the Drug Enforcement Administration conducted a search at 1814 Artisan Avenue, Huntington, West Virginia - the residence of Kenneth Dewitt Newman. At the time of the search, Appleton, who was in the residence, had a bag filled with smaller bags of MDMA and cocaine that he intended to sell.  Appleton was one of several defendants who pled guilty following an investigation of Newman and his associates for distributing illegal drugs in the Huntington area.  Phone calls intercepted during the course of the Newman investigation revealed that Appleton sold drugs, including cocaine, MDMA and heroin, at Newman’s direction.

In addition to the United States Drug Enforcement Administration, the Huntington Police Department, the Metropolitan Drug Enforcement Network Team and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives actively participated in the investigation.  The 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. 

HUNTINGTON, W.Va. –  United States Attorney Booth Goodwin announced that Anthony Quinlin Cooper, also known as “Ant,” 38, of Huntington, West Virginia pled guilty today in federal court to distribution of heroin.  On November 15, 2013, Cooper was caught selling heroin to a confidential informant working with the Huntington Violent Crime and Drug Task Force.  The sale took place at Cooper’s home in the Highlawn area of Huntington.  Audio and video recordings were made of the drug deal.  Following a search of his residence, Cooper admitted to additional heroin sales.  Cooper faces up to 20 years imprisonment and a $1 million fine when he is sentenced on February 17, 2015.

This case was investigated by the Huntington Violent Crime and Drug Task Force.  The 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. 

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that a Beckley man was sentenced in federal court for selling heroin.  Jason Kaylor, 31,  was sentenced to eight months in prison.  Kaylor previously pled guilty in July of 2014, to selling heroin to a person cooperating with law enforcement authorities.    The drug deal took place on Cunningham Avenue in Stanaford, West Virginia. 

This case was investigated by the Beckley Raleigh County Drug and Violent Crime Task Force and is being prosecuted under the Beckley Pill Initiative directed by the United States Attorney’s Office.   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 illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District. 

Defendant was sentenced by United States District Court Judge Irene C. Berger.

Charleston, W.Va. – United States Attorney Booth Goodwin filed an information in federal court in Charleston today against Russell R. Grimmett, also known as Rick Grimmett, for violating federal banking laws.  Banks are required by federal law to report all cash transactions in excess of $10,000.  Grimmett and an associate withdrew cash from the Logan Bank and Trust in Man, West Virginia in amounts less than $10,000 to prevent triggering the reporting requirement.  This practice, known as “structuring,” is a federal crime.  Grimmett, the Logan County Assessor, faces up to five years of imprisonment and a fine of up to $250,000 if convicted.

Today’s charge stems from an investigation conducted by the FBI, IRS Criminal Investigation, United States Postal Inspection Service, and the West Virginia State Police.  Assistant United States Attorney Meredith George Thomas is handling the prosecution.

NOTE: An information is merely an accusation, and the defendant is presumed innocent until and unless convicted.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a 38-year-old man was indicted today by a federal grand jury sitting in Charleston for offenses related to the murder of a prosecution witness.  According to the seven-count indictment, Marlon Dewayne Dixon, of Charleston, W.Va. distributed heroin on three occasions in May of 2014.  On July 12, 2014, Dixon shot and killed Branda Mae Delight Basham, 21, in retaliation for her cooperation with law enforcement in that investigation and to prevent her from testifying or continuing to provide information against him.  Dixon has multiple felony convictions and was prohibited from possessing a firearm.  The indictment alleges that Dixon was convicted in federal court of cocaine base and cocaine distribution in 1999 and 2006 as well as convicted in Kanawha County Circuit Court of malicious wounding in 2007.

Dixon faces up to life in federal prison or the death penalty, if convicted.

The investigation was conducted by the Charleston Police Department, the Metro Drug Unit (MDENT), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant United States Attorney Joshua Hanks is in charge of the prosecution.

Click here to see a copy of the indictment.  An indictment is only an allegation.  A defendant is presumed innocent until and unless he is convicted. 

CHARLESTON, W.Va. – A Parkersburg woman who disposed of heroin and cocaine at the direction of a drug dealer in October 2013 pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin.  Gerri Raye Parker, 30, pleaded guilty in federal court in Charleston to using a communication facility to facilitate heroin and cocaine trafficking.

On October 24, 2013, Parker received a call on her cell phone from a person she knew was a heroin and cocaine dealer. The drug dealer told her that the police were coming to search her apartment and that she needed to get rid of a bag that contained drugs and drug paraphernalia that he had hidden in the apartment.  Parker put the bag in an outside trash can of a nearby vacant apartment so the drug dealer could pick it up. Police officers conducting surveillance on Parker’s residence watched her dispose of the bag and seized it before the drug dealer could retrieve it.  The bag contained heroin, cocaine, and other drug paraphernalia.

Parker faces up to 4 years in federal prison when she is sentenced on February 2, 2015.

This case arose from the investigation of a heroin trafficking ring from Marion, Ohio, and Chicago, Illinois.  Other individuals prosecuted and convicted in federal court as a part of this investigation include Mario Felder, Keith Irons, Cordaro Johnson, Zena Wakefield, and Daquarri Coates.

The Parkersburg Police Department along with the Parkersburg Narcotics and Violent Crimes Task Force conducted the investigation.  Assistant United States Attorney Joshua Hanks is in charge of the prosecution.

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 heroin and 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 opiates and heroin in communities across the Southern District.

Bluefield, W.Va. - A 19-year-old Mercer County man faces up to 10 years in prison after pleading guilty today to possession of child pornography, U.S. Attorney Booth Goodwin announced.   Joshua Dwayne Poff, of Bluefield, West Virginia, entered a guilty plea before Senior United States District Court Judge David A. Faber.

Poff admitted that on January 10, 2014, he possessed pictures of prepubescent minors engaged in sexual acts.  The images were located on his personal computer at his home.  Poff also admitted to trading video files containing child pornography via the Internet to another person who had a Google email account.  U.S. Attorney Booth Goodwin said, “We are committed to the fight against criminals like Joshua Dwayne Poff who contribute to the exploitation and abuse of children.  We will use every available tool to track them down and prosecute them to the fullest extent allowed by law.”

The court scheduled sentencing for Poff for 11:30 a.m. on March 15, 2015, in Bluefield, West Virginia.

The West Virginia Internet Crimes Against Children Task Force, the West Virginia State Police, the Mercer County Sheriff’s Department, and United States Immigration and Customs Enforcement conducted the investigation.  Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.

This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Husband also pleads guilty in money laundering conspiracy

Charleston,  W.Va. – United States Attorney Booth Goodwin announced that Lester Taylor, 45, and Ali Weinberg, 32, both of Daytona Beach, Florida, entered guilty pleas today in federal court in Charleston to conspiracy to distribute oxycodone.  Taylor also pleaded guilty to his role in a money laundering conspiracy.

Beginning in January 2010 and continuing until May 2014, Taylor acquired oxycodone pills in Florida and had them transported to Lincoln County, West Virginia, for distribution.  Taylor shipped the pills via a common carrier, made personal trips from Florida to West Virginia, and used associates to carry the drugs from Florida to West Virginia.  Taylor supplied pills to his associates for distribution, and once the pills were sold, the associates deposited the drug proceeds in Taylor’s bank accounts in Barboursville and Huntington.  From January 2010 through May 2014, more than $700,000 in drug proceeds were deposited into Taylor’s bank accounts.  Taylor retrieved the cash from Florida through ATM withdrawals, counter withdrawals or cashed checks made payable to him or his associates.

Ali Weinberg, Taylor’s fiancée, admitted that from approximately February 2013 through May 2014, she and Taylor obtained monthly prescriptions for oxycodone and hydromophone from doctors in Florida.  They took the Florida prescriptions to A+ Pharmacy in Barboursville to be filled.  The pills from these prescriptions were later distributed in Lincoln County.   Weinberg admitted that from February 2013 through May 2014, she and Taylor obtained approximately 4,772 oxycodone 30 mg pills, approximately 630 hydromorphone 4 mg pills, and approximately 1,080 hydromorphone 8 mg pills through this scheme.

Taylor and Weinberg are scheduled to be sentenced on January 27, 2015, by United States District Court Judge John T. Copenhaver Jr.

The Drug Enforcement Administration, the Internal Revenue Service, and the West Virginia State Police conducted the investigation.  Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.

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 heroin and 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 opiates and heroin in communities across the Southern District.

Bluefield, W.Va. – United States Attorney Booth Goodwin announced today that Senior United States District Judge David A. Faber sentenced a federal inmate for possessing a weapon in the Federal Correctional Institution at McDowell.  Antonio Uribe Quintero, 36, was sentenced to 30 additional months in prison.  Quintero pled guilty on June 23, 2014, admitting that on March 7, 2014, he possessed a hand-crafted knife in the prison. The sentence will run consecutively to the ten-year sentence Quintero is serving for illegally reentering the United States after having been deported and for violating the terms of his supervised release in a prior case.  The case was investigated by the Federal Bureau of Prisons and the prosecution was handled by Assistant United States Attorney John File.

HUNTINGTON, W.Va. – A Detroit man was sentenced today for his participation in a conspiracy to distribute heroin in Huntington, announced U.S. Attorney Booth Goodwin.  Jakaiser Wesley Jackson, 21, who previously pleaded guilty in July of 2014 to conspiring to distribute 100 grams or more of heroin, was sentenced to three years and one month in federal prison. United States Chief District Judge Robert C. Chambers imposed today’s sentence.

From January 2014 to April 2, 2014, Jackson conspired to distribute heroin with others, including Christopher Lamarr-Shawn Harris.  Harris recruited Jackson and other co-conspirators to distribute heroin, mostly in the West Huntington area, and frequently arranged for the transportation of heroin from Detroit, Michigan, to Huntington.  Harris and Jackson used multiple locations to store, prepare and distribute heroin, including the Red Roof Inn Hotel on Route 60 in Huntington and multiple residences in West Huntington.  Harris and Jackson also recruited local residents in West Huntington to assist in heroin distributions.

Harris was arrested on December 31, 2013, when officers with the Huntington Police Department’s Special Investigations Unit executed a search warrant at an apartment at 1416 Jefferson Avenue in West Huntington.  Officers seized more than 400 grams of heroin and $12,349 in cash during the search. Officers also arrested Harris, Denzell Lamar Bunkley, and Steven Edward Lewis, who were inside the apartment.

Harris was arrested again on February 20, 2014, in Ohio by the Ohio State Highway Patrol while traveling from Huntington to Detroit. During his arrest, officers seized another $24,930 from Harris.
Harris was arrested for a third time on April 2, 2014, after officers received information that he was selling heroin from the Red Roof Inn in Huntington.  Officers executed a search warrant for two rooms at the hotel and seized approximately 192 grams of heroin and $3,000 in cash. Harris and Jackson had arranged to bring the heroin from Detroit to Huntington just days prior to the search.  Jackson was also involved, along with Harris, in transporting heroin from Detroit on other occasions during the conspiracy.

Jackson was the fifth defendant to be sentenced in connection with this heroin conspiracy.  Brandon S. Keaton was sentenced to 15 months’ imprisonment in July 2014.  Harris was sentenced to 147 months’ imprisonment and Bunkley was sentenced to 37 months’ imprisonment, both on October 6, 2014.  Lewis was sentenced to 60 months’ imprisonment on October 13, 2014.

The Huntington Police Department Special Investigations Unit, the West Virginia State Police, the United States Drug Enforcement Administration, and the United States Marshals Service all participated in the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 heroin and 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 opiates and heroin in communities across the Southern District.

Beckley, W.Va. – United States Attorney Booth Goodwin announced today that four defendants were sentenced in federal court in Beckley on heroin charges.   Douglas Edward Morris, 43, of Beckley, was sentenced to seven years in prison, and Tommy Ray Prater II, 34, of Shady Spring, West Virginia was sentenced to five years in prison.  The two had pled guilty to traveling in interstate commerce to facilitate an unlawful activity, admitting that in April of 2013 they traveled to Camden, New Jersey, to obtain heroin that they later sold in the Shady Spring area.  During about 10 weeks in 2013, Morris and Prater obtained about thousands of heroin stamps in New Jersey.  Morris also pled guilty to a felony possession of heroin charge related to the heroin obtained in New Jersey.  Morris and Prater were investigated by the West Virginia State Police Bureau of Criminal Investigations and the Federal Bureau of Investigation. 

Christopher Miller, 32, of Alderson, was sentenced to ten months in prison for distribution of heroin.  He pled guilty on June 25, 2014, and admitted that on August 14, 2013, he sold heroin to a confidential informant in Alderson, West Virginia.  He further admitted that he sold a total of about 2.8 grams of heroin in the several transactions.  Tiffany Rose Arbogast, 24, of Buckeye, was sentenced to six months in prison for distribution of heroin.  She pled guilty on July 9, 2014, admitting that on December 15, 2013, she sold heroin to a confidential informant in Lewisburg.  She also admitted that she was involved in distributing a total of between five and ten grams of heroin.  Miller and Arbogast were investigated by the Greenbrier Valley Drug and Violent Crime Task Force as part of the Greenbrier Heroin and Pill Initiative.

The 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.  Assistant United States Attorney John File handled the prosecution of these cases.

Charleston, W.Va. – United States Attorney Booth Goodwin announced that Ricky Williams, 23, of Charleston, was sentenced today in federal court in Charleston, to four months in federal prison. Williams plead guilty on August 4, 2014, to the distribution of heroin.

Williams admitted that on September 17, 2013, he sold heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) for $100.00.  Williams also admitted that he sold heroin to the same informant on September 25, 2013, and on October 28, 2013.

This case was investigated by the MDENT. 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. 

Seven Gang Members, Including Kenneth Newman, Have Already Entered Guilty Pleas

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that two defendants pled guilty today in federal court in Huntington to charges stemming from their roles in the Kenneth Newman drug conspiracy.  Marshall Lee Graves II, also known as “Bro Marsh,” age 30, of Huntington, pled guilty to possession with intent to distribute cocaine.  On January 20, 2014, a search was conducted at Graves’ Collis Avenue residence during which agents found 53.9 grams of cocaine powder, 34.5 grams of cocaine base, also known as “crack,” a loaded SKS rifle and $1,100 in cash.

Curtis Rollins, age 34, of Huntington also pled guilty to using a cell phone to facilitate drug trafficking.  On December 31, 2013,  Rollins made a phone call to Kenneth Newman to arrange the purchase of cocaine.  During the call, Rollins told Newman that he had two people who needed something and they were “about to come through.”   This call was part of a series of calls on the afternoon and early evening of the same day in which Rollins requested “2 extra things,” specifically powder cocaine, at least part of which he intended to provide to others.

Graves faces a sentence of up to 20 years imprisonment and a $1 million fine.  Rollins both face a sentence of up to 4 years imprisonment and a $250,000 fine.  Both will be sentenced by Chief Judge Robert C. Chambers on February 9, 2015.

Six additional defendants previously pled guilty to charges stemming from their involvement with Kenneth Newman, including Tonda Click, Brandon Appleton, Ariell Varney, Kamel Burris, William Petties, and George Newman, Kenneth Newman’s brother.  Burris and Petties have both been sentenced to 60 and 46 months imprisonment, respectively.  The remaining four await sentencing.  Kenneth Newman also entered into a plea agreement and pled guilty possession with intent to distribute various controlled substances.  Newman’s plea agreement was set aside because he failed to cooperate as required by the agreement. Because the plea agreement was set aside, Newman still faces twenty additional drug and gun charges.

Marcus Graves, the brother of Marshall Graves is scheduled to plead guilty tomorrow in federal court in Huntington. 

The investigation was conducted by the United States Drug Enforcement Administration, Huntington Police Department, Metropolitan Drug Enforcement Network Team and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.  The 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. 

CHARLESTON, W.Va. –  U.S. Attorney Booth Goodwin, Prestera Center for Mental Health Services CEO Karen Yost, Charleston Police Chief Brent Webster, Kanawha County Sheriff John Rutherford, and other law enforcement representatives today announced a unique intervention program through which certain heroin addicts are being referred to treatment.  The collaborative initiative is part of ongoing efforts in the Kanawha Valley to address the opiate abuse epidemic.  The Kanawha County Commission provided funding earlier this year for an anti-heroin initiative known as HEAT:  Heroin Eradication Associated Task Force.  As a result,  a roundup was conducted by area law enforcement agencies on October 16th, netting approximately 34 arrests.  During the law enforcement operation, law enforcement officers referred three low-level, nonviolent offenders to treatment services instead of sending them to jail.  Treatment services will be provided by Prestera.  If one of these individuals deviates from the caseworker’s plan or treatment program, criminal charges will be filed and the individual would then be subject to the normal judicial process.

U.S. Attorney Booth Goodwin said, “While we in law enforcement will continue to aggressively arrest and prosecute heroin dealers and traffickers, we also know that we cannot arrest our way out of this epidemic.  Opiate addiction is powerful – addicts will continue to use until they get treatment.  This is not being soft on crime but rather being smart on crime.” 

Karen Yost, CEO of Prestera, said, “We are excited to be a partner with law enforcement in this innovative initiative to combat drug addiction.”

CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin and various state and local law enforcement officials will discuss recent efforts by law enforcement to refer addicts to treatment at a press conference on Tuesday, October 21, 2014, at 2:00 p.m. at Prestera, PARC East, 1143 Dunbar Avenue in Dunbar, West Virginia.   

WHO:     

United States Attorney Booth Goodwin
Charles Miller, Chief of Staff, Kanawha County Prosecutor’s Office
Chief Brent Webster, Charleston Police Department
Sheriff John Rutherford, Kanawha County Sheriff’s Department
Eric Johnson, Commander, Metropolitan Drug Enforcement Network Team (MDENT)
Deputy Director Kenny Burner, Appalachia HIDTA
Dana Petroff, Director of Addiction Services, Prestera
Kate Luikart, Regional Director, Prestera
Deputy Secretary James Rubenstein, West Virginia Department of Military Affairs and Public Safety and
Commissioner, West Virginia Division of Corrections


WHERE: Prestera – PARC East
1143 Dunbar Avenue
Dunbar, WV

WHEN:     Tuesday, October 21, 2014 at 2:00 p.m.

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that Dwight McVernon Green, 24, of Huntington, West Virginia pled guilty today in federal court in Huntington to possession with intent to distribute heroin.  United States District Court Chief Judge Robert C. Chambers presided over the plea hearing.

In the early morning of July 10, 2014, Huntington Police stopped a 2013 black Chevrolet Malibu for speeding in the 400 block of 26th Street.  Green, the driver of the speeding car, was arrested for driving under the influence of alcohol.  During a subsequent search of the vehicle, officers found a loaded 9 mm automatic pistol with a round in the chamber, a bag containing $59,950 in cash, a box of clear plastic baggies, a bag with more than 104 grams of white powder that tested positive for cocaine, and a bag with more than 50 grams of a brown substance that tested positive for heroin.  Green faces up to 20 years imprisonment and a $1 million fine when he is sentenced on February 2, 2015.

The investigation was conducted by Huntington Police Department.  The 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. 

Convicted Felon Shot Off-Duty Policer Officer With a Sawed-off Shotgun

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Nickey Don Smith, II, 39, of Glasgow, West Virginia was sentenced today to eight years in prison and three years of supervised release following a 2012 guilty plea to being a felon in possession of a firearm.  In December of 2011, Nickey Don Smith shot Glasgow police officer Steven Smith with a sawed-off shotgun at close range.  Officer Smith, unrelated to Nickey Don Smith, and another Glasgow police officer had gone to Nickey Don Smith’s Glass Fire home in response to a 911 call made by Nickey Don Smith.  After the officers arrived at the home, they announced “Police Department” twice, while they were making their way up the stairs to the porch.  As Officer Smith approached the door, Nickey Don Smith shot him with a sawed off Central Arms 12 gauge shotgun.  The shotgun blast struck Officer Smith in the arm, shoulder and the side of his chest, causing serious, permanent and life-threatening injuries and requiring multiple surgeries to repair the damage.

Nickey Don Smith was indicted by a federal grand jury in February of 2012 on two counts of felon in possession of a firearm.  He pleaded guilty in June of 2012, and has been awaiting the outcome of psychological testing to determine his competency prior to sentencing.  The Honorable John T. Copenhaver, Jr., United States District Court Judge, presided over the sentencing hearing today and issued a 16-page memorandum opinion regarding Nickey Don Smith’s competency.  After a comprehensive review of the facts of the case and the reports from three psychologists, the Court concluded that Nickey Don Smith’s “mental disease or defect of his condition – properly diagnosed as Personality Disorder NOS with paranoid, narcissistic and anti-social factors – was not so severe as to render him unable to appreciate the nature and quality or the wrongfulness of his act of possessing a firearm as a convicted felon or his act of maliciously wounding Officer Smith at the time of the commission those acts.” 

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Jon Paul Clements, 33, of Charleston, West Virginia, plead guilty in federal court in Charleston to four counts of distributing heroin.  Clements admitted that on July 7, 8, and 9, 2014, and August 19, 2014, he sold heroin to a person who was cooperating with the Metropolitan Drug Enforcement Network Team (MDENT).  The drug deals took place near Ruffner Avenue on Charleston’s East End. 

Clements faces up to 30 years in prison and a 6 year term of supervised release when sentenced on January 28, 2015. 

MDENT was responsible for the investigation of the case.  The case was prosecuted by Assistant United States Attorneys Monica D. Coleman and Eric Bacaj.  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. 

Charleston, W.VA. – The former Mayor of Williamson, A. Darrin McCormick, was sentenced to three years of probation and a fine of $5,000 for making a materially false statement to the FBI in February 2013.  McCormick lied to federal agents in the course of an investigation of suspicious banking activity by Aracoma Contracting, LLC.

In addition to being the Mayor of Williamson, McCormick was a bank manager for the Bank of Mingo in Williamson.  Aracoma, a contract labor company in Williamson, had a line of credit at the Bank of Mingo.  Federal agents were investigating a series of suspicious cash withdrawals by two of the principals of Aracoma, Jerome Edward Russell and Frelin R. Workman.  Banks are required by federal law to report all cash transactions involving more than $10,000 to the IRS.  Russell, Workman and others, regularly withdrew cash from the Bank of Mingo in amounts less than $10,000 to prevent triggering the reporting requirement and evade the payment of payroll taxes.  This practice,  known as “structuring” is a federal crime. 

On February 19, 2013, special agents of the FBI and IRS asked McCormick if he was aware that multiple Aracoma employees had come into the Bank of Mingo at the same time to withdraw cash. McCormick denied knowledge of Aracoma’s structuring practices, though he was well aware of them.

After the sentencing, U.S. Attorney Booth Goodwin commented, “Lying to federal investigators is always a serious crime, but when a public official lies in a federal criminal inquiry, it’s especially disappointing. To put it simply, this defendant knew better. He was a high-ranking bank executive and the mayor of Williamson. The bank misconduct that he lied about allowed others to commit crimes including bribery and large-scale fraud. Instead of helping uncover and stop those crimes, he lied to help cover them up.”  McCormick pled guilty in May 2014.

The FBI and IRS, assisted by the West Virginia State Police and FDIC, handled the investigation and prosecution of McCormick . 

Charleston, W.Va. – Darnez Turner, 26, of Detroit, Michigan was sentenced in federal court in Charleston today to six months of imprisonment, followed by three years of supervised release announced United States Attorney Booth Goodwin.  Turner previously pled guilty in July of this year, admitting that in July of 2011 he transported heroin from Detroit to Charleston by Greyhound Bus.  Turner was in route to deliver the heroin when he was stopped by an off-duty Charleston Police  Officer working security at the bus station. After the officer discovered heroin in Turner’s backpack, Turner admitted that he had agreed to transport the heroin for cash on delivery.

The case was investigated by the Charleston Police Department and the Metropolitan Drug Enforcement Network Team.  The 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 Office of the United States Attorney, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

Charleston, W.Va. -  United States Attorney Booth Goodwin announced that Robert Timothy Hogan II, D.O., pled guilty today to two drug-related felonies.  Hogan, 32, from Coolville, Ohio, faces up to nine years imprisonment when he is sentenced on January 12, 2015. 

At the plea hearing, Hogan admitted that he travelled between Ohio and Wood County, West Virginia and that he used his cell phone to facilitate an arrangement in which he wrote prescriptions for controlled substances to an individual who was not his patient and for which there was no legitimate medical purpose in return for receiving half of the pills when the prescriptions were filled.  Between January 2013 and February 2014, Hogan wrote more than 160 illegal prescriptions for more than 17,000 pills.

The case was investigated by the West Virginia State Police and the Federal Bureau of Investigation.  The 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 and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. 

HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that Mark R. Tabb, 46, of Huntington, West Virginia  pled guilty today in federal court in Huntington to possession with intent to distribute heroin.  On August 15, 2012, Tabb was arrested at his 4th Avenue home by officers with the Huntington Violent Crime and Drug Task Force.  In a search of his home conducted at the time of his arrest, officers located more than ten grams of heroin and $9,500 in cash.  Tabb admitted that the heroin was his and he intended to sell it in the Huntington area.  Tabb faces up to 20 years imprisonment and up to a $1 million fine when he is sentenced on January 26, 2015.

HUNTINGTON, W.Va. – A Detroit man was sentenced today for his participation in a conspiracy to distribute heroin in Huntington, West Virginia announced U.S. Attorney Booth Goodwin.  Steven Edward Lewis, also known as “Rico,” 27, who previously pleaded guilty in July of 2014 to conspiring to distribute 100 grams or more of heroin, was sentenced to five years in federal prison by Chief Judge Robert C. Chambers.

From at least the summer of 2013 to December 31, 2013, Lewis conspired to distribute heroin with Christopher Lamarr-Shawn Harris, Denzell Lamar Bunkley, Jakaiser Wesley Jackson, and Brandon S. Keaton.  Harris recruited Lewis and other co-conspirators to distribute heroin, mostly in the West Huntington area, and frequently arranged for the transportation of heroin from Detroit, Michigan, to Huntington.  Lewis used multiple locations to store, prepare and distribute heroin, including the Red Roof Inn Hotel on Route 60 in Huntington and an apartment at 1416 Jefferson Avenue in West Huntington.  Lewis, Bunkley, Jackson, and Keaton, Harris also recruited local residents to assist with drug distributions.

On December 31, 2013, officers with the Huntington Police Department’s Special Investigations Unit executed a search warrant at the Jefferson Avenue apartment. Officers seized approximately 413 grams of heroin and $12,349 in cash during the search. Officers also arrested Harris, Bunkley, and Lewis who were inside the apartment.

Harris was arrested again on February 20, 2014, in Ohio by the Ohio State Highway Patrol while travelling from Huntington to Detroit. During his arrest, officers seized another $24,930 from Harris.

Harris was arrested for a third time on April 2, 2014, after officers received information that he was selling heroin from the Red Roof Inn in Huntington.  Officers executed a search warrant for two rooms at the hotel and seized approximately 192 grams of heroin and $3,000 in cash. Harris and Jackson, had arranged to bring the heroin from Detroin to Huntington just days prior to the search.

Keaton was sentenced to 15 months in federal prison in July 2014.  Harris was sentenced to 147 months and Bunkley was sentenced to 37 months in federal prison, both on October 6, 2014.  Jackson is scheduled to be sentenced on October 27, 2014.

The Huntington Police Department Special Investigations Unit, the West Virginia State Police, the United States Drug Enforcement Administration, and the United States Marshals Service all participated in the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 heroin and 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 opiates and heroin in communities across the Southern District.

Charleston, W.Va. - A Logan County businessman was sentenced today in federal court in Charleston to probation for three years and a $5,000 fine for filing false tax returns, U. S. Attorney Booth Goodwin announced.  

Gary Roeher, 52, of Holden, West Virginia, admitted that on his 2010 and 2011 federal tax returns, he illegally claimed business-expense deductions for kickbacks that he paid to an Arch Coal official at the company’s Mountain Laurel Mining Complex in Sharples, West Virginia.  Roeher and the Arch Coal official stole money from Arch Coal through a dummy invoice scheme in which Roeher submitted bills for supplies that he had not provided.  The Arch Coal official falsely certified that the supplies had been received, which prompted the accounting department for Arch Coal to pay the false bills. Roeher paid the Arch Coal Official kickbacks from the payments received.  Roeher then deducted the kickback payments as legitimate business expenses on his 2010 and 2011 tax returns.

Between 2010 and 2011, Roeher paid the Arch Coal official more than $35,000 in kickbacks.  Roeher has agreed to forfeit that amount as part of his plea agreement.

Roeher also fraudulently deducted approximately $43,000 used to install a pool at his home, claiming on his tax returns that it was a legitimate business expense.

These charges stem from an investigation conducted by the FBI, IRS Criminal Investigation, United States Postal Inspection Service, and the West Virginia State Police.  Assistant United States Attorney Meredith George Thomas is in charge of the prosecution.

Beckley, W.Va. – United States Attorney Booth Goodwin announced that John W. Shelton pled guilty today in federal court in Beckley to conspiring to violate the Clean Water Act.  Shelton, 47, of Daniels, West Virginia, was employed by Appalachian Laboratories in Daniels as a field technician and manager.  Appalachian Laboratories performed water sampling and analysis for coal mining operations to ensure that discharges of pollutants into public waterways were within permitted limits. 

Shelton admitted that he and other employees tampered with water samples to make them appear to be within permissible levels.  Shelton admitted that they diluted samples by adding distilled water, and substituted water samples from the “honeyhole,”  designated as such because the samples were always within permissible limits.  Each time samples were diluted or water was substituted, Shelton allowed excessive pollutants to be discharged from mining operations into adjacent creeks and rivers. 

Shelton also admitted that from 2008-2013, he and other Appalachian Laboratories employees failed to place samples on ice as required by law, and instead kept them in their trucks all day, compromising the integrity of the samples. To avoid detection by WVDEP, Shelton and other employees placed ice in their coolers on known inspection days to make it appear as though this was their regular practice.

Shelton faces up to 5 years imprisonment and a fine of $250,000 when he is sentenced on February 26, 2015.

The investigation is being conducted jointly by the Federal Bureau of Investigation and the Environmental Protection Agency’s Criminal Investigation Division.  Assistant United States Attorneys Blaire L. Malkin and Larry R. Ellis are responsible for the prosecution.

Defendant defrauded couple out of $210,000 in bogus investment scheme, charge says

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today charged Mark Anthony, 40, of Point Pleasant, West Virginia, with defrauding a senior-citizen couple in Mason County.

Between May 2004 and January 2013, Anthony solicited approximately $210,000 from his victims, according to today's charge. Anthony falsely represented to the victims that their money would be invested in annuities and money market accounts offered by legitimate financial-services companies and that the investments would yield substantial returns. In reality, Anthony simply spent the victims' money on his own personal expenses and purchases. Anthony's fraud scheme continued after the husband in the victim couple passed away in 2007, leaving the wife widowed.

As part of the scheme, Goodwin says, Anthony used the United States Postal Service to send the victims checks that were purportedly income from investments he made for them, along with IRS forms that pretended to reflect their investment income. The checks were actually from Anthony’s personal funds and were intended to trick the victims into believing that Anthony had placed their money in legitimate investment accounts. The IRS forms were also fraudulent.

“Sadly, elderly West Virginians too often become the targets of financial fraud,” said U.S. Attorney Goodwin. “Preventing that fraud and prosecuting those who perpetrate it have always been top priorities for me, and this case builds on that commitment.”

Today’s charge was filed in a court document known as an “information.”

The investigation is being conducted by the West Virginia State Police Bureau of Criminal Investigation. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Gabriele Wohl are handling the prosecution.

Click here to view a copy of the information.

Note: An information is only a charge and is not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.

CHARLESTON, W.Va. –  Richard Lilly, 47, of Cross Lanes, West Virginia was sentenced in federal court in Charleston today to five years of probation and ordered to pay $13,500 in restitution for stealing from the West Virginia National Guard, announced United States Attorney Booth Goodwin. Lilly had previously plead guilty on May 20, 2014, to theft of government funds.  

Lilly, who had served as a recruiter for the Guard since 2006, stole recruiting bonuses intended to reward Guard members for referring others who enlisted.  Between June of 2008 and May of 2010, Lilly stole $13,500 dollars in bonus payments intended for others.  Lilly is no longer a member of the Guard. 

The investigation was conducted by the Federal Bureau of Investigation, assisted by investigators with the West Virginia National Guard.   Assistant United States Attorney Erik S. Goes is in charge of the prosecution. 

Charleston, W.Va. – A Boone County man who falsified mandatory mine safety reports, pleaded guilty today to a federal charge announced United States Attorney Booth Goodwin.  Shawn Glenn Stover, 29, of Whitesville, West Virginia admitted to falsifying a Mine Safety and Health Administration (MSHA) document while working at a Boone County mine.

In April of 2013, Stover was hired to work at Newtown Mining Company’s Peerless Rachel mine located in Boone County.  In May and June of 2013, Stover acted as a foreman at the mine, despite not being qualified to do so.  Stover signed pre-shift and on-shift reports that indicated he had properly examined particular sections of the mine.  Stover was not certified as a foreman when he completed the mine reports.  Stover also falsified the reports by using multiple foreman’s numbers that did not belong to him.

Stover faces up to five years in prison and a $250,000 fine when he is sentenced on December 12, 2014 by United States District Judge John T. Copenhaver, Jr.

The investigation was conducted by MSHA.  Assistant United States Attorney Blaire L. Malkin is in charge of the prosecution.

HUNTINGTON, W.Va. – Two Detroit man were sentenced today for their roles in a conspiracy to distribute heroin in Huntington in 2013 and 2014, announced U.S. Attorney Booth Goodwin.  Christopher Lamarr-Shawn Harris, also known as “C” and “Caesar,” 28, who previously pleaded guilty in July of 2014 to conspiring to distribute a kilogram or more of heroin, was sentenced to 12 years and three months in federal prison.  Denzell Lamar Bunkley, also known as “Chotty” and “King,” 22, who also pleaded guilty in July of 2014 to possession with intent to distribute 100 grams or more of heroin, was sentenced to three years and one month.

From at least the summer of 2013 to April 2, 2014, Harris led a conspiracy with Bunkley and others, including Steven Edward Lewis, Jakaiser Wesley Jackson, and Brandon S. Keaton, to distribute heroin, primarily in West Huntington. Harris recruited co-conspirators and frequently arranged for the transportation of heroin from Detroit, Michigan, to Huntington. Harris used multiple locations to store, prepare and distribute heroin, including the Red Roof Inn Hotel located on Route 60 in Huntington and an apartment located at 1416 Jefferson Avenue in West Huntington. In addition to Bunkley, Jackson, and Keaton, Harris also recruited local residents to assist with drug distribution.

On December 31, 2013, officers with the Huntington Police Department’s Special Investigations Unit executed a search warrant at the Jefferson Avenue apartment. Officers seized approximately 413 grams of heroin and $12,349 in cash during the search. Officers also arrested Harris, Bunkley, and Lewis who were located inside the apartment.

Harris was again arrested on February 20, 2014, in Ohio by the Ohio State Highway Patrol while travelling from Huntington to Detroit. During his arrest, officers seized a total of $24,930 in cash from Harris.
Harris was arrested for a third time on April 2, 2014, after officers received information that he was again present at the Red Roof Inn in Huntington distributing heroin. Officers searched two rooms at the hotel and seized approximately 192 grams of heroin along with $3,000 in cash. Harris, along with Jackson, had arranged to transport the heroin from Detroit to Huntington days prior to the search.

During today’s hearing, the Court found Harris responsible for arranging the distribution of over one kilogram of heroin, primarily in West Huntington, during the conspiracy. The Court also found that Harris served as a manager and organizer of the conspiracy and that he maintained a residence in West Huntington for the purpose of distributing heroin.

The Huntington Police Department Special Investigations Unit, the West Virginia State Police, the United States Drug Enforcement Administration, and the United States Marshals Service all participated in the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.

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 heroin and 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 opiates and heroin in communities across the Southern District.

CHARLESTON, W.Va. – A California man who distributed heroin, methamphetamine, and oxycodone in Charleston and Summersville, West Virginia in 2012 and 2013 was sentenced today to 15 years and eight months in federal prison, U.S. Attorney Booth Goodwin announced.  Donnell Dwayne Diego, 34, of San Diego, California previously pleaded guilty in April of 2014, to conspiracy to distribute methamphetamine.  The guilty plea resolved Diego’s involvement in three separate investigations conducted by task force agents in Kanawha and Nicholas counties.

On October 11, 2012 officers from the Metropolitan Drug Enforcement Network Team (MDENT) searched Diego’s Central Avenue residence in Charleston and seized two loaded semiautomatic pistols, crack cocaine, and oxycodone tablets.  Diego posted bond in Kanawha County Magistrate Court after his arrest and was released from custody.  In June and July of 2013, MDENT officers used an informant to make three undercover purchases of methamphetamine from Diego.  On July 11, 2013, police executed a search warrant at Diego’s residence and seized more than 50 grams of methamphetamine, more than 50 grams of heroin, and almost $10,000.  Diego agreed to speak with police and admitted bringing heroin and methamphetamine from San Diego, California to distribute in West Virginia.  Diego posted bond in Kanawha County Magistrate Court after his arrest and was, again, released from custody. 

In October of 2013, a federal indictment was returned against Diego charging him with drug and firearm offenses arising from the October 2012 arrest.  On November 5, 2013, members of the San Diego County Integrated Narcotic Task Force working drug interdiction in the San Diego, California International Airport seized more than $22,000 from Diego’s carry-on luggage.  They were not aware of the federal indictment and did not arrest Diego.

In October and November of 2013, Diego was living at a residence on Scenic Highway near Summersville, West Virginia.  Members of the Central West Virginia Drug Task Force (CWVDTF) used an informant to purchase heroin and methamphetamine on several occasions from a man living with Diego.  On November 18, 2013, task force agents from both MDENT and CWVDTF executed a search warrant at Diego’s residence.  Among other items, police seized more than 30 grams of methamphetamine, approximately 10 grams of heroin, fifteen firearms, and more than $16,000.  Diego was not home at the time of the search but drove by the residence while police were there.  He refused a Nicholas County Deputy’s command to stop and led police on a vehicle chase several miles along Scenic Highway.  The chase came to an end when members of the tactical entry team, who had already cleared the scene of the search warrant, disabled

Diego’s vehicle by shooting out its tires after he drove around their roadblock.
Diego has previously been convicted of several felony offenses in California including burglary and grand theft in 2003 and distribution of drugs in 2004 and 2007.

MDENT and CWVDTF conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr.