Southern District of West Virginia

CHARLESTON, W.Va. – United States Attorney Booth Goodwin is bringing together state legislators and medical, treatment, prevention and law enforcement professionals to discuss the influx of heroin into West Virginia, as well as strategies and next steps in turning back the tide of heroin addiction.

WHAT:  Heroin Roundtable Discussion 
WHEN:  Wednesday, February 26, 2014, 5:30pm   
WHERE:  Robert C. Byrd United States Courthouse, 300 Virginia Street East, Fifth Floor
WHO:   U.S. AttorneyBooth Goodwin and panelists including: WV Delegate Don Perdue

WV Senator Ron Stollings

P. Bradley Hall, MD, Executive Medical Director, WV Medical Professionals Health Program and President, WV Society of Addiction Medicine

Carl “Rolly” Sullivan, MD, Professor and Vice-Chairman, Director of Addictions Programs, WVU School of Medicine, Department of Behavioral Medicine and Psychiatry

Allen Mock, MD, WV Chief Medical Examiner

Chief W. H. “Skip” Holbrook, Huntington Police Department

Captain Tim Bledsoe, West Virginia State Police, Bureau of Criminal Investigations

Matt Boggs, Project Director, The Healing Place of Huntington

Mike Goff, Administrator, Controlled Substances Monitoring Program, WV Board of Pharmacy

Gordon Merry, Director, Cabell County Emergency Medical Services

Kathy Paxton, Director, Division of Alcoholism and Substance Abuse, Bureau for Behavioral Health and Health Facilities, WV Department of Health and Human Resources

Stefan Maxwell, MD, Director, NICU, CAMC Women and Children’s Hospital

Denzil Hawkinberry II, MD, Community Care of WV

HUNTINGTON, W.Va. – A Huntington man was sentenced yesterday to four years in federal prison for his role in a heroin distribution conspiracy, announced United States Attorney Booth Goodwin.  Forty-nine-year-old Rickey Ray Rockwell previously pleaded guilty in November 2013 to conspiracy to distribute heroin before Chief United States District Judge Robert C. Chambers in Huntington federal court.

Between November 2010 and July 2011, Rockwell participated with convicted felons Kevin Luthor Robinson and Jermaine D. Dickerson to distribute heroin in and around the Huntington area.
Rockwell told police that during the illegal drug scheme, he controlled the door to a Huntington residence that was primarily used as a place to distribute illegal drugs.  Rockwell also completed illegal heroin transactions on behalf of Robinson and Dickerson.  Afterward, Rockwell gave the drug proceeds to his co-conspirators at the completion of the drug transactions.

Robinson, 44, was sentenced to 11 years and three months in prison in March 2013 for his role in the illegal drug conspiracy.  Dickerson, 36, was also sentenced in March 2013 to 15 years and nine months in federal prison.  Robinson and Dickerson, both of Columbus, previously pleaded guilty in December 2012 to conspiracy to distribute heroin and 28 grams or more of crack cocaine.

During the scheme, Robinson and Dickerson arranged frequent trips to Columbus to purchase heroin and cocaine.  The illegal drugs were then brought to Huntington and sold.  The defendants also utilized several Huntington residences to store, prepare and package illegal drugs during the fall of 2010 through July 2011.

This case was investigated by the United States Drug Enforcement Administration, the Huntington Police Department, and the Appalachia High Intensity Drug Trafficking Area Task Force.  Assistant United States Attorney Joseph F. Adams handled the prosecution.

HUNTINGTON, W.Va. – A Huntington woman was sentenced today to a year and a day in federal prison for stealing more than $20,000 from a program that assists the homeless, United States Attorney Booth Goodwin announced. Patricia Howard, 54, embezzled the money from the Huntington Housing Authority’s Shelter Care Plus program in 2011 and 2012, while she was an employee of the Authority.

The Shelter Care Plus program receives federal funds to provide housing assistance for homeless people suffering from mental illness, chronic addiction and AIDS. As an employee of the Huntington Housing Authority, Howard helped handle the Shelter Care Plus program’s finances. Her position enabled her to secretly make transfers of program funds to her personal bank account by disguising them as payments to obtain housing for the homeless. Howard’s scheme netted a total of $23,731, which she was ordered to repay as part of her sentence. Howard admitted her crime to federal law enforcement authorities after being caught.

In an unrelated case, Howard was recently convicted in state court for fraudulently using an access device. She is serving a one- to three-year state sentence for that conviction. Howard will begin serving the federal sentence imposed today after she finishes her time in state custody.

The federal Department of Housing and Urban Development’s Office of Inspector General and the Federal Bureau of Investigation conducted the investigation, assisted by the Huntington Police Department. Assistant United States Attorney Erik S. Goes handled the prosecution. Chief United States District Judge Robert C. Chambers presided over the case and imposed today’s sentence.

BLUEFIELD, W.Va. – United States Attorney Booth Goodwin today announced federal sentences for an inmate caught with drugs in federal prison and a Bluefield woman who illegally possessed a powerful prescription painkiller. Boris Bynum, 34, an inmate at the Federal Correctional Institution at McDowell, was sentenced to six months in prison for possession of marijuana by an inmate.  Bynum pleaded guilty in September, admitting that on June 15, 2013, he possessed several balloons which contained marijuana while he was serving a sentence at the prison, which is located near Welch. The investigation was conducted by the Federal Bureau of Prisons.

In an unrelated case, Lakeisha Danell Howze, 28, of Bluefield, was sentenced to three years’ probation for possession of hydromorphone, a prescription painkiller commonly prescribed under the brand-name Dilaudid.  Howze pleaded guilty in September, admitting that on January 28, 2013, she possessed hydromorphone without a valid prescription.  The offense took place at or near Princeton.  The investigation was conducted by the West Virginia State Police Bureau of Criminal Investigations and the Southern Regional Drug and Violent Crime Task Force under the Bluefield Pill Initiative.  The prosecution is part of an ongoing effort 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.

Senior United States District Judge David A. Faber imposed today’s sentences.

BLUEFIELD, W.Va. – A Fayette County man currently serving a statutory maximum ten-year federal prison sentence on a federal child pornography offense received an additional year in prison for failing to appear for a sentencing hearing originally scheduled in May 2012, U.S. Attorney Booth Goodwin announced today. Brett David Bowyer, 34, of Scarbro, Fayette County, W.Va., previously pleaded guilty in September 2013 to failing to appear for sentencing as required.  Bowyer’s sentence was handed down today by Senior United States District Judge David A. Faber in Bluefield federal court.     

Bowyer failed to appear for a sentencing hearing that was originally scheduled for May 30, 2012, in federal court in Bluefield. 

On June 12, 2013, Bowyer was arrested in Florida by a Brevard County sheriff’s deputy after being stopped for failing to change lanes.

The Court ordered Bowyer’s sentence to run consecutive to his current prison term.

The United States Marshals Service and the West Virginia Internet Crimes Against Children Task Force conducted the investigation.  Assistant United States Attorney Lisa Johnston handled the prosecution.  

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

CHARLESTON, W.Va. – A Charleston man with a prior felony conviction pleaded guilty today to illegally possessing firearms, U.S. Attorney Booth Goodwin announced. Kerry A. Drake, 45, fled Saint Albans police last September after officers attempted a routine traffic stop. A chase ensued, and Drake was apprehended in South Charleston when his engine malfunctioned. Officers found a Bushmaster .223 rifle and an Ithaca shotgun in Drake’s car. Both guns were previously reported stolen by their rightful owners.

Lucas Lynch, who was a passenger in Drake’s car at the time of the chase, bailed out of Drake’s moving vehicle as Drake fled. Lynch is currently under indictment by a federal grand jury for being a felon in possession of a firearm and possession of a stolen firearm. (An indictment is an accusation only, and Lynch is presumed innocent until proven guilty.)

Drake faces up to 10 years in federal prison when he is sentenced on June 2, 2014.

The Saint Albans Police Department conducted the investigation, assisted by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Erik S. Goes and Jennifer Rada are handling the prosecution. The case is assigned to United States District Judge Thomas E. Johnston, who presided over today’s plea hearing.

CHARLESTON, W.Va. – An individual who participated in a scheme that netted more than $60,000 in one week from senior citizens in West Virginia and elsewhere has pleaded guilty to conspiracy to commit wire fraud, U.S. Attorney Booth Goodwin announced today.  According to the plea agreement, Sheray J. McKay, 21, of Suitland, Md., pleaded guilty to an offense under 18 U.S.C. 1349.

"Scams to steal from older West Virginians are downright shameful,” U.S. Attorney Booth Goodwin said. “Protecting our state’s senior citizens is one of my top priorities, and in 2014, we’re going to work harder than ever to catch criminals who cheat seniors.”

According to the plea agreement, beginning in or about November 7, 2012, and continuing through November 13, 2012, McKay and others participated in a scheme to solicit money from about 16 elderly individuals who resided in West Virginia and other states. As part of the scheme, numerous elderly individuals were called at their homes and asked for money under false pretenses. It was a part of the scheme that the callers, posing as family members or clergymen of the elderly citizens, or lawyers for the so-called family members or clergymen, often falsely stated that they had been in car accidents or had been arrested for driving while intoxicated and needed money to get out of jail and pay attorney’s fees.  Based on these misrepresentations, the elderly victims wired money to McKay in Maryland. McKay then picked up the monies from the wire  transfers, kept a portion of the monies for herself, and handed over the rest of the monies to other individuals.  Under the plea agreement, McKay agrees that she owes restitution in the amount of at least $33,400.oo and up to $61,788.00.

The defendants charged in the indictment picked up the funds from the wire transfers in Maryland and New York. The victims targeted in the alleged scheme ranged in age from 70 to 95 years old.

McKay was arrested in Maryland in December 2013 on an indictment which charged her and two co-defendants, Kacey K. Moise of New York, and Charnita E. Ryland, also of  Maryland, with 12 counts of conspiracy to commit wire fraud and wire fraud.  McKay was specifically charged with four counts:  conspiracy to commit wire fraud and three counts of wire fraud.  Based upon her guilty plea, McKay faces up to 20 years in prison at sentencing. McKay’s sentencing is set for June 5,  2014 at 3:00 p.m.  
McKay’s plea hearing was conducted by United States District Judge Thomas E. Johnston.

Today’s plea is part of U.S. Attorney Goodwin’s work to protect West Virginia’s senior citizens. Over the past few years, Goodwin has visited senior center locations in nearly twenty West Virginia counties to offer tips to protect seniors in their homes and help them avoid financial scams like this one. Additional information regarding this initiative can be found at http://www.justice.gov/usao/wvs/safe-seniors.html. 

The investigation was conducted by the United States Secret Service. Assistant United States Attorneys Eumi Choi and Meredith Thomas are handling the prosecution.

Correctional Industries Crafts Hundreds of Bags Uniquely Designed for West Virginia Foster Children

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin and West Virginia Division of Corrections Commissioner Jim Rubenstein today visited St. Mary’s Correctional Center, in St. Mary’s, West Virginia, to again celebrate the donation of hundreds of blankets, scarves and bags crafted by St. Mary’s and Lakin inmates to give to foster children. The bags, specifically designed to meet the needs of kids transitioning into the foster care system, allow for versatility and storage of a large volume of belongings.  The donated items were presented to representatives from Mission West Virginia, a community service organization, in conjunction with the Carry On Campaign, which collects luggage, essential personal care items, and items of comfort for children who are in transition to the state’s foster care system. West Virginia currently has more than 4,000 children in the foster care system.

U.S. Attorney Booth Goodwin said, "No child should have to use a trash bag to transport their belongings.  I am proud to partner with Mission West Virginia and the Division of Corrections to help give kids who are moving into foster care the essentials they need for that difficult transition.”  

The Carry On Campaign began in October 2010 as a collaborative, multi-agency partnership that includes the U.S. Attorney’s Office for the Southern District of West Virginia, the West Virginia Department of Health and Human Resources, Mission West Virginia, Inc., the West Virginia Prosecuting Attorney’s Institute and the West Virginia Drug Endangered Children Task Force.  Donated luggage bags and other essential items are provided to child protective service workers, law enforcement and advocates across the state to be given to children in transition to foster care.  These children often have few or no personal belongings or comfort items, and no luggage.  The program addresses the immediate needs of abused and neglected children and helps to minimize trauma during this difficult experience.

St. Mary’s Correctional Center, located on North Pleasants Highway in St. Mary’s, is a medium security correctional facility designed to house minimum to medium security level offenders and inmates deemed as geriatric or chronically ill.  SMCC has a current capacity of 610 inmates.

Mission West Virginia sponsors programs that find families for children waiting in the foster care system.  In addition to the Carry On Campaign, the agency also sponsors Sunday’s Child, a regular column featured weekly or monthly in newspapers throughout the state.  This column spotlights children who are legally eligible to be adopted and are waiting for a loving, permanent family.  The column provides a brief description of the child along with a photograph. 

Click here to see photographs from the campaign.

CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that John Wayne Taylor, Jr., 37, of Scarbro, West Virginia, was sentenced in federal court in Charleston today to two years and nine months in federal prison for distributing cocaine.  Taylor previously pled guilty in November of 2013, admitting that on May 30, 2013, he sold approximately .41 grams of cocaine to an individual cooperating with the police. The drug deal took place near Scarbro.  In imposing the sentence, the Court also considered Taylor’s admission that he had distributed 300 oxycodone pills and approximately 4 grams of cocaine over a period of time.

Taylor was sentenced by United States District Judge Thomas E. Johnston.  The case was investigated by the Central West Virginia Drug Task Force and the prosecution was handled by Assistant United States Attorney John File.

Huntington, W.Va. –  Zachary Merritt and Keith Wood were sentenced to 11 years and six months and four years and two months imprisonment,  respectively, for their roles in a heroin distribution ring, United States Attorney Booth Goodwin announced today.  Merritt and Wood had previously pleaded guilty to distribution of heroin in November of 2013.

Merritt admitted that between September of 2012 and June of 2013 he sent heroin from Detroit, Michigan to Huntington, West Virginia to be sold by others.  Drug dealers deposited money from the heroin sales in Merritt’s account at Chase Bank in Huntington.  Merritt withdrew the money from a Chase Bank branch in Detroit.  A total of $38,250 in deposits were identified as drug money.  Merritt also received at least $7,000 in drug money delivered by courier from Huntington to Detroit.

On November 18, 2012, Merritt also provided heroin to Lindsey Thacker, who, along with Wood and others, trafficked heroin from Detroit to Huntington.  Thacker and Wood provided housing to a drug dealer also engaged in the heroin trafficking.  In return, Thacker and Wood received heroin for personal use.

 In June of 2013, two homes in Detroit owned by Merritt were searched.   Agents located 2 packages of what was later determined to be a cutting agent for heroin, along with other items consistent with drug trafficking, and a loaded Glock handgun. 

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. 

Correctional Industries Provides Hundreds of Blankets, Scarves and Bags for Foster Children

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin and West Virginia Division of Corrections Commissioner Jim Rubenstein today visited Lakin Correction Center, near Point Pleasant, West Virginia, to celebrate the donation of hundreds of blankets, scarves and bags crafted by Lakin inmates to give to foster children. The donated items were presented to representatives from Mission West Virginia, a community service organization, in conjunction with the Carry On Campaign, which collects luggage, essential personal care items, and items of comfort for children who are in transition to the state’s foster care system. West Virginia currently has more than 4,000 children in the foster care system.

U.S. Attorney Booth Goodwin said, "No child should have to use a trash bag to transport their belongings. This significant gift by the West Virginia Division of Corrections will help give kids who are moving into foster care the essentials they need for that difficult transition.”  

The Carry On Campaign began in October 2010 as a collaborative, multi-agency partnership that includes the U.S. Attorney’s Office for the Southern District of West Virginia, the West Virginia Department of Health and Human Resources, Mission West Virginia, Inc., the West Virginia Prosecuting Attorney’s Institute and the West Virginia Drug Endangered Children Task Force.  Donated luggage bags and other essential items are provided to child protective service workers, law enforcement and advocates across the state to be given to children in transition to foster care.  These children often have few or no personal belongings or comfort items, and no luggage.  The program addresses the immediate needs of abused and neglected children and helps to minimize trauma during this difficult experience.

Lakin Correctional Center, located six miles north of Point Pleasant on WV Route 62, is a multi-security correctional facility and is the only all-female prison in the state. LCC has a current capacity of 462 inmates.

Goodwin also toured the correctional industries building where the blankets were produced, and he met with the inmates who worked many hours to produce the blankets and scarves.  Additionally, Goodwin visited the culinary program unit, the cosmetology unit, and the Paws for People unit which trains service dogs for children and adults with disabilities and veterans suffering from Post-Traumatic Stress Disorder.

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Kristi Ball, 39, of Princeton, West Virginia, pled guilty in federal court in Bluefield to distributing hydromorphone, a powerful and addictive prescription pain medication.  Ball admitted that on January 16, 2013, she sold three hydromorphone pills to a person who was cooperating with law enforcement authorities.  The drug deal took place in Princeton.

Ball faces up to 20 years in prison and a $1,000,000 fine.  Senior United States District Judge David A. Faber scheduled the sentencing for May 27, 2014.

The West Virginia State Police Bureau of Criminal Investigations and the Southern Regional Drug and Violent Crime Task Force conducted the investigation.  Assistant United States Attorney John File is handling 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.  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. – A Logan County couple has pleaded guilty to distribution of methamphetamine, United States Attorney Booth Goodwin announced today. In a plea hearing held in Charleston before United States District Judge John T. Copenhaver, Jr., Rodney and Opal Wiley admitted that in January of last year, they sold methamphetamine, a dangerous and addictive controlled substance, to a confidential informant working with the US 119 Drug Task Force in exchange for $40.00. The drug deal took place on the parking lot of the Dollar General Store in Chapmanville, West Virginia.  Following the sale, the Wileys were arrested and pre-recorded buy money was recovered from Rodney Wiley. Both Wileys provided post-arrest statements in which they admitted to having been involved in the distribution of methamphetamine for several months leading up to their arrest. The Wileys are scheduled to be sentenced by Judge Copenhaver on May 8, 2014 and face possible penalties of up to 20 years imprisonment and fines of up to $1,000,000.00.  

CHARLESTON, W.Va. – United States Attorney Booth Goodwin confirmed today that former Mingo County Chief Magistrate Dallas Toler was arrested last night for violating the conditions of his release on bond. Toler had been free on bond since he pleaded guilty on December 2, 2013, to procuring a false voter registration application. The arrest came in response to a motion filed by Goodwin’s office detailing Toler’s involvement in illegal drug activity. The full motion is available here, and the Court is expected to schedule a hearing on the motion soon.

HUNTINGTON, W.Va. – A 22-year-old Wood County man who solicited and received sexually explicit images of a child pleaded guilty today. Jon Seth Davisson pleaded guilty in federal court in Huntington before Chief United States District Judge Robert C. Chambers to receiving child pornography. Davisson faces a mandatory minimum of five years and up to 20 years in prison when he is sentenced on May 12, 2014.

In August 2013, Davisson exchanged text messages with a 13-year-old Cabell County child and persuaded the child to take and send sexually explicit photographs to Davisson.  At the time Davisson received these photographs, he was a U.S. Army private stationed at Fort Lewis, Washington.  Davisson had been acquainted with the child for several years and was aware of the age of the child at the time he requested that the images be taken and sent.  

The Cabell County Sheriff’s Office and the Federal Bureau of Investigation conducted the investigation.  Assistant United States Attorney Jennifer Rada 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.

Couple busted with hundreds of illegal prescription pills

HUNTINGTON, W.Va. – Michelle Craig, age 34, and James Bennett, age 44, were both sentenced today in Huntington by Chief U.S. District Judge Robert Chambers to terms of imprisonment of two years nine months and two years, respectively. Craig and Bennett previously plead guilty in August 2013 to aiding and abetting each other in the illegal distribution of oxycodone, a powerful prescription painkiller.  Craig and Bennett admitted that on April 22, 2010, they sold 100 oxycodone tablets for $2,300 to a confidential informant (CI) working with the Metropolitan Drug Enforcement Network Team (MDENT).  The drug deal took place in the parking lot of a Pilot gas station in Nitro, West Virginia.  In addition to the pills sold to the CI, agents also seized another 66 pills from the defendants’ car and 188 pills from the home the defendants shared in Putnam County, West Virginia.

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. 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.

HUNTINGTON, W.Va. – A 35-year-old Michigan man who was involved in a drug distribution scheme was sentenced today to three years and ten months in federal prison, announced U.S. Attorney Booth Goodwin.  Leonard Joseph Stewart, of Romulus, Michigan previously pleaded guilty in Huntington to conspiracy to distribute heroin and crack cocaine and possession of heroin and crack cocaine with intent to deliver.  Stewart admitted that a part of the conspiracy, he transported heroin, crack cocaine, marijuana, and the prescription drugs hydrocodone and alprazolam, also known as “Xanax,” from Michigan to Huntington to sell.  After arriving in Huntington, Stewart and his associates rented rooms at Huntington-area motels and used the rooms to prepare and distribute the illegal drugs.   

On December 30, 2012, agents with the Huntington Violent Crimes and Drug Task Force executed a search warrant on Stewart’s room at the Best Western in Huntington.  During the search, Stewart dove through a second-story window at the motel to elude police. Stewart was arrested a short time later.  Stewart had crack cocaine and heroin on him when the police found him.  Police also seized more than 46 grams of heroin, Xanax pills, digital scales and more than $4,000 in cash during the search of his hotel  room.

The investigation was conducted by the FBI and the Huntington Violent Crimes and Drug Task Force.  Assistant United States Attorney Joseph F. Adams 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.  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. 

More than 100 lbs of marijuana, cash, gun and bulletproof vest seized by authorities.

CHARLESTON, W.Va. – Jesus Alvarado-Aboyte, 31, of Mexico was sentenced today to four years in federal prison, U.S. Attorney Booth Goodwin announced.  Alvarado-Aboyte previously pleaded guilty in August of 2013 to possession with intent to distribute marijuana.  On March 5, 2013, police executed a search warrant at a residence on Avery Street in Parkersburg where Alvarado-Aboyte was living.  Police located and seized approximately 104 pounds of marijuana, $26,323, a .40 caliber pistol, a bullet-proof vest, and digital scales along with packaging materials used for distributing marijuana from the residence.  Alvarado-Aboyte waived his Miranda rights and admitted that he had been distributing marijuana in and around Parkersburg for several months leading up to March of 2013.  Police also seized and forfeited a 2004 Harley Davidson motorcycle, a 2004 Ford F150 pickup truck, and a 2002 Mercedes Benz C240 which Alvarado-Aboyte acknowledged were purchased with drug money or used to facilitate drug offenses.

The Parkersburg Police Department, Parkersburg Narcotics and Violent Crimes Task Force, and Dept. of Homeland Security, Immigration and Customs Enforcement conducted the investigation.  Assistant United States Attorney Joshua Hanks handled the prosecution.

Charleston, W.Va. – A Jackson County man entered a guilty plea to theft of government money, U.S. Attorney Booth Goodwin announced today.  Michael W. Smith, 36, of Sandyville, West Virginia, faces a maximum penalty of five years imprisonment and mandatory restitution in the amount of  $10,110 dollars.  Sentencing is scheduled for May 7, 2014.     

In October of 2008, Smith began receiving Social Security benefits on behalf of his uncle, James Conrad, as Mr. Conrad’s representative payee.  A representative payee is a person who agrees to receive benefits on behalf of the intended recipient.  When Mr. Conrad died on April 29, 2009, Smith’s right to receive benefits on behalf of his uncle ended. Smith continued to take the benefit payments on behalf of his deceased uncle from May of 2009 to July of 2010 by cashing benefit checks totaling $10,100.

The Social Security Administration’s Office of the Inspector General conducted the investigation.  Assistant United States Attorney Erik S. Goes handled the prosecution.  The plea was taken by United States District Judge John T. Copenhaver, Jr.

Huntington, W.Va. – Cory Lynn McCourt was sentenced today in federal court in Huntington by Chief U.S. District Judge Robert C. Chambers to 18 months imprisonment for possession with intent to deliver cocaine base, more commonly known as crack cocaine.  McCourt had previously pleaded guilty on October 7, 2013. 

In May of 2010, Huntington Police responded to a domestic violence call at McCourt’s home at 1332 Huntington Avenue, Huntington, West Virginia, which she shared with Brandon Golson. While talking to McCourt at the door, police officers observed a tan chunky substance lying on her couch which appeared to be crack cocaine.   McCourt admitted the crack cocaine belonged to her and that she had been selling crack since January of 2010.

Golson was sentenced on January 27, 2014, to seven years and three months in federal prison for his role in the distribution of heroin, crack and oxycodone pills in the Huntington area.   

CHARLESTON, W.Va. –   United States Attorney Booth Goodwin announced today that Shawn Lee McMullen, 37, of Cross Lanes, W.Va., was sentenced to 20 years of imprisonment followed by 25 years of supervised release for possession of child pornography. The sentence was handed down by United States District Judge John T. Copenhaver, Jr., in Charleston.

McMullen admitted that he took sexually explicit photographs of two children under the age of 13 at his residence in Cross Lanes in early May 2013. McMullen left the images on the cell phone he used to photograph the children.

“This defendant’s crimes are sickening,” said U.S. Attorney Goodwin. “Monsters like this to be punished severely, and that’s exactly what the judge did. Today’s sentence is a victory for justice and for the safety of our children.”

The Kanawha County Sheriff’s Department conducted the investigation. Assistant United States Attorney Jennifer Rada handled the prosecution. 

This 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 Attorneys' 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html.

McGann Dummied Up Invoices For Coal Operators As Part Of A Tax Evasion Scheme

CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that Donald R. “Duke” McGann, 62, of Hinton, West Virginia, was sentenced to three years of probation, the first two of which are to be served on home confinement.  McGann was previously convicted of tax evasion and structuring cash withdrawals from various banks in southern West Virginia as part of a larger check cashing scheme orchestrated with several coal operators.  “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).

As part of the scheme, McGann would provide a coal operator a bogus invoice reflecting the delivery of goods or services.  The coal operator then provided McGann a check, which was deposited into McGann’s checking account.  Sometimes with the aid of others, McGann withdrew the cash from his checking account in increments of $10,000 or less to avoid the bank’s reporting requirement.  McGann returned the cash to the coal operator less a ten-percent fee.  The cash was used to pay cash wages or otherwise kept by the coal operator as a tax-free windfall. 

In 2009 alone, McGann cashed over $770,000 checks for three different coal operators.   

This case was investigated by the IRS Criminal Investigative Division that focused on James Trent, 53, of Rock View, Wyoming County and others in a larger tax evasion and structuring scheme.  Trent was sentenced on November 15, 2013 to three years in prison for tax evasion.   Assistant United States Attorney Thomas Ryan handled the prosecution. 

BECKLEY, W.Va. –  A convicted felon who possessed a gun with an obliterated serial number in July of 2013 was sentenced today to two years and six months in federal prison, United States Attorney Booth Goodwin announced.  Benjamin Payne, 47, of Clear Creek, West Virginia, previously pleaded guilty in September of 2013 and admitted to possessing and storing a loaded revolver with an obliterated serial number in his car.  Payne admitted he had acquired the firearm several weeks prior to his arrest.  Payne had multiple prior convictions for burglary.

Homeland Security Investigations handled the investigation.  Assistant United States Attorney Blaire L. Malkin handled the prosecution.  The sentence was imposed by United States District Judge Irene C. Berger.

CHARLESTON, W.Va. – A Parkersburg man, previously convicted of manufacturing a controlled substance pleaded guilty today to a federal gun crime, announced U.S. Attorney Booth Goodwin.  Alan Keith Philpott,  46, pleaded guilty to possessing 26 firearms in spite of his status as a convicted felon. Philpott offered his guilty plea before United States District Judge Thomas E. Johnston.

On November 1, 2012 and March 21, 2003 police executed search warrants at Philpott’s residence on Elm Tree Drive near Parkersburg.  During the first search, police seized approximately 22 firearms.  During the second search warrant, police seized an additional four firearms.  Philpott had been previously convicted in December of 2006 in the Circuit Court of Wood County of the felony offense of manufacturing a controlled substance.

Philpott faces up to 10 years in federal prison when he is sentenced on May 15, 2014, at 10:00 a.m.

The West Virginia State Police, Parkersburg Police Department, and the Federal Bureau of Investigation conducted the investigation.  Assistant United States Attorney Joshua Hanks is in charge of the prosecution.

BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced today that a New Jersey man was sentenced to four years and nine months in federal prison for possession with intent to distribute oxycodone, a powerful prescription painkiller.  William Ponder, 24 of Teaneck, New Jersey previously pled guilty in October of 2013, admitting that he had illegally possessed the drugs. The oxycodone pills were seized during the execution of a search warrant at a home in Mabscott, West Virginia where Ponder was temporarily staying.  Ponder’s sentence was handed down by United States District Judge Irene Berger.  

The U.S. Drug Enforcement Administration and the Beckley Police Department handled 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. 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. – A McDowell County woman was sentenced to one year and one day in federal prison for attempting to interfere with the administration of internal revenue laws, U.S. Attorney Booth Goodwin announced today.  The defendant, Bonita Witt-Hird, 59, of Thorpe, West Virginia, was also sentenced to one year of supervised release and ordered to pay restitution in the amount of $422,180.69, which includes $186,819.24 in tax loss and $235,361.46 in interest and penalties.     

Witt-Hird was employed by Richmorr and Associates, an Elkview, West Virginia sewage treatment company.  Between 2003 and 2009, Witt-Hird failed to file required employment tax returns and make tax deposits for taxes that had been collected from the wages of employees.  When contacted by agents with the Internal Revenue Service (IRS), Witt-Hird provided false and altered records, checks, and receipts.  These documents were provided to establish that she had satisfied her tax obligations when, in fact, she had not.   A subsequent audit revealed that the required taxes had not been paid.  The original records were also recovered and compared to the altered records provided by Witt-Hird.  Witt Hird admitted to providing false records to IRS agents in an effort to obstruct their investigation.  She admitted that she had failed to pay the IRS the employment taxes, and instead diverted money to pay other bills owed by Richmorr and Associates.

The Internal Revenue Service conducted the investigation.  Assistant United States Attorney Erik S. Goes handled the prosecution, assisted by Jed Silversmith at the United States Department of Justice, Tax Division, Southern Criminal Enforcement Section.  The sentence was imposed by United States District Judge John T. Copenhaver, Jr.

CHARLESTON, W.Va. – A Saint Albans heroin dealer was sentenced to twenty one months in federal prison, U.S. Attorney Booth Goodwin announced.  Leonard Lewis Hare, 39, of Saint Albans, WV, previously pleaded guilty in November of 2013 to distribution of heroin.  On August 13, 2012, Hare sold eight (8) heroin “stamps” of approximately .06 grams each, to an informant while at his residence at the Carriage Hill Apartments in Saint Albans.

The Metropolitan Drug Enforcement Network Team 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. 

IRS Seizes Over Eighty Illegal Gray Machines from South Williamson, Kentucky Gambling Parlor

CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin filed charges today against a West Logan restaurant owner for laundering cash proceeds of an illegal gambling operation.  Since May of 2008, Gregory A. Dotson, 51, of Chapmanville and the proprietor of Giovani’s of Logan in West Logan, operated an illegal poker machine gambling parlor in the back of a tobacco store in South Williamson, Kentucky.  Although payouts from poker machines, often referred to as “gray” machines, are illegal under Kentucky law, Dotson routinely paid out gambling winnings to patrons.  Dotson retrieved the proceeds from the illegal gambling operation weekly and brought the cash across state lines to his office at Giovanni’s.  Dotson then commingled the cash from his legitimate business with his illegal enterprise.

On August 16, 2010, Dotson traveled from West Virginia to Bristol, Tennessee with nearly $12,000 of cash proceeds from the illegal gambling operation and used those funds to help purchase a 2009 Nissan 350z sports car. 

In October of 2013, agents from the Internal Revenue Service raided the gambling parlor, and seized forty machines in operation and another forty machines in storage.

The information filed today alleges that the United States intends to forfeit nearly $150,000 in cash, a $96,000 Mercedes sport-utility vehicle, a $50,000 Rolex watch, several expensive firearms, in addition to the eighty gray machines seized from the South Williamson operation. 

In addition to the forfeiture, Dotson faces up to ten years in prison a $250,000 fine if convicted.

The investigation was conducted by the Internal Revenue Service with assistance from the Federal Bureau of Investigation.  Assistant United States Attorney Thomas Ryan is in charge of the prosecutions. 

Company that schemed to bilk BrickStreet out of millions in insurance premiums ordered to pay more than $4 million in restitution

CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that Williamson, W.Va.-based employee leasing firm, Aracoma Contracting, LLC (“Aracoma”), was sentenced to three years of probation and ordered to pay more than $4 million in restitution and forfeit another $405,000 in connection with a structuring scheme involving more than $2 million in cash withdrawals from the company’s bank accounts once held at a Mingo County bank.   “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).

Acting on behalf of Aracoma, its principals Jerome Edward Russell, 50, of Williamson and Frelin R. Workman, 58, of Belfrey, Kentucky formed a longstanding relationship with Bank of Mingo, and, particularly, one of its employees at the bank’s Williamson branch.  From January of 2009 through April of 2012, Aracoma structured at least $2.2 million out of Bank of Mingo. Russell and Workman also enlisted the assistance of a number of individuals who agreed to appear at the Williamson branch and cash cashier’s checks.  The cash from the bank withdrawals was later brought back to Aracoma’s office to be used to pay cash payroll. 

During the scheme, Aracoma sent advance forms to the Williamson branch prior to the structured cash withdrawals, so the bank could prepare the cash ahead of time.  Bank of Mingo would then prepare cashier’s checks in the names of the identified individual or individuals and pre-count the requested cash.  When an individual or individuals from Aracoma appeared at a Bank of Mingo teller window, a bank representative presented them with the cashier’s check in the individual’s name.  The check was immediately endorsed and the individual was given the pre-counted cash. 

Despite numerous times when multiple individuals appeared at the same teller window to endorse cashier’s checks that exceeded $10,000 on Aracoma’s line of credit, Bank of Mingo routinely failed to file notifications, known as currency transaction reports, as required by law. 

As part of its sentencing, Aracoma admitted that substantially all of the cash structured out of Bank of Mingo by Aracoma was used to pay the company’s payroll in cash, therefore avoiding the payment of required federal employment taxes and also to make bribe payments to a former BrickStreet field auditor, Arville Sargent. 

Sargent, 52, of Chapmanville, previously pleaded guilty in March of 2013 to honest services mail fraud and tax evasion.  As a field auditor, Sargent purposely allowed four “employee leasing” companies, including Aracoma, to falsify documents drastically understating their actual payroll.  In exchange for saving those policyholders millions of dollars in insurance premiums rightfully owed to BrickStreeet, Sargent accepted hundreds of thousands of dollars in cash bribes and other things of value, including a Yamaha Rhino all-terrain vehicle.  At today’s sentencing, the district court held Aracoma jointly and severally liable for the $4 million owed in restitution to BrickStreet and the State of West Virginia by Sargent, Russell and Workman.

Sargent was previously sentenced in October of 2013 to six years in federal prison.  Russell and Workman each were sentenced to their thirty months of imprisonment for their role in bribery scheme.

The FBI, the IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigations.  Assistant United States Attorney Thomas Ryan is in charge of the prosecutions. 

HUNTINGTON, W.Va. – A 23-year-old Michigan felon who illegally possessed a firearm was sentenced today to two years and six months in federal prison followed by three years of supervised release, announced U.S. Attorney Booth Goodwin.  Deandrew Fizer III, of Romulus, Michigan, pleaded guilty in October of 2013 to being a felon in possession of a firearm.  Fizer was previously convicted of felonious assault in Wayne County Michigan in June of 2010. 

On June 7, 2013, officers with the Huntington Police Department responded to a burglary in progress at Sycamore Street in Huntington.  Police entered the residence and found Fizer in a bedroom with a .45 caliber pistol lying within his reach.  Fizer, who was arrested, waived his Miranda rights and told police that he had possessed the firearm for approximately a week. 

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

The case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Defendant cheated the IRS out of nearly $250,000

Huntington, W.Va. – Christopher Hutchinson of Ashland, Kentucky, was sentenced today to federal prison and ordered to make full restitution for failing to pay nearly $250,00 in federal employment taxes, United States Attorney Booth Goodwin announced.  Hutchinson owned and operated at least ten different electrical and security businesses from 1990 to 2012 in the Huntington, West Virginia and Ashland, Kentucky areas, including Peck Security Systems and ICE Electrical Company.  As an employer, Hutchinson was required to collect taxes from the wages of his employees and pay those taxes to the Internal Revenue Service.  Hutchinson pleaded guilty on October 15, 2013.

The Internal Revenue Service conducted the investigation.  Assistant United States Attorney Erik S. Goes handled the prosecution, assisted by Charles Edgar with the United States Department of Justice, Tax Division.  The sentence was imposed by United States District Judge Robert Chambers. 

HUNTINGTON, W.Va. – A Huntington pill dealer was sentenced today to one year and nine months in federal prison followed by three years of supervised release, U.S. Attorney Booth Goodwin announced.  Eric Lavell Minter, 28, of Huntington, previously pleaded guilty in October of 2013 to possession of oxycodone with intent to distribute.  On May 20, 2013, agents with the Drug Enforcement Administration Task Force found Minter in a parked car at the Greyhound Bus Station in Huntington, with a plastic baggie in his lap counting oxycodone tablets.  Minter was arrested and gave a statement to police admitting that he was involved in the distribution of pills in the Huntington area.

The Drug Enforcement Administration and Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by Chief 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.  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. 

Dealer busted with more than a kilo of heroin, hundreds of Rx pills; faces at least 10 years in federal prison

Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Alvester Thomas pleaded guilty to possession with intent to distribute 1000 grams or more of heroin.  Agents with the Huntington Violent Crime and Drug Task Force found the heroin in a safe inside the home that Thomas shared with Kristen Michelle Graley at 3008 Rear Third Avenue, Huntington, West Virginia.  Graley has pleaded guilty to related drug charges.  Thomas admitted that the heroin was his and that he intended to sell it in the Huntington area.  In addition to the heroin, agents seized 545 oxycodone pills, 73 oxymorphone pills, additional amounts of heroin in the living room of the home, and approximately three pounds of marijuana. Agents also recovered a gun from the kitchen of the home and approximately $17,230 in United States currency. 

Thomas faces 10 years to life imprisonment and a $10,000,000 fine.  He is scheduled to be sentenced on May 9, 2014, by the Honorable Robert C. Chambers. 

Huntington, W.Va. -  A 29 year-old Putnam County man was sentenced today to three years and ten months in federal prison for being a convicted felon in possession of a firearm, announced U.S. Attorney Booth Goodwin.  Joseph R. Elswick, of Hurricane, West Virginia, previously pleaded guilty in November of 2013 to being a felon in possession of a firearm before Chief United States District Judge Robert C. Chambers in Huntington.  On December 27, 2012, Hurricane Police Officers responded to a call that a man was using drugs in a parked car.  The officers approached Elswick who was in the vehicle.  Elswick fled from the officers and upon his arrest was found to be in possession of a loaded .32 caliber pistol.  Elswick was prohibited from possessing a firearm due to a 2009 felony drug conviction.  He had not had his right to possess a firearm restored. 

This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hurricane Police Department.  Special Assistant United States Attorney Sharon M. Frazier handled the prosecution.

CHARLESTON, W.Va. – A Charleston man who sold cocaine base, commonly known as crack cocaine, to an informant in January of 2012 on Central Avenue in Charleston was sentenced today to 262 months in federal prison, U.S. Attorney Booth Goodwin announced.  Marvin Lee Garrett, 33, was convicted at trial in October of 2012 for  distributing crack cocaine.   Garrett is a career offender, having at least two prior convictions for drug offenses and crimes of violence. 

The case was prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The DMI initiative was launched in February 2012 by Charleston Police Chief Brent Webster and U.S. Attorney Booth Goodwin, in collaboration with other federal, state, and local law enforcement agencies, as well as leaders representing several West Side community organizations. The DMI initiative was initiated in Charleston as a strategic problem-solving effort aimed at closing down open-air drug markets that breed crimes of violence and disorder.  The Metropolitan Drug Enforcement Network Team conducted the investigation.  Assistant United States Attorneys William King and Joshua Hanks handled the prosecution.  The sentence was imposed by United States District Judge Thomas E. Johnston. 

Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Robert L. Barcliff, 29, of Wytheville, Virginia,  pleaded guilty in federal court in Charleston, West Virginia, to home invasion armed robbery. On April 22, 2012, Barcliff, Keith Glenn, Robert Jared Smith, and William Seltzer rushed a Marmet, West Virginia apartment thought to be occupied by drug dealers from Detroit, Michigan.   Barcliff and Smith, dressed in dark clothing, stormed the apartment at gunpoint, stole drug money and then ran into hiding.  Barcliff and his gang targeted drug dealers because they were thought to be unlikely to report the robberies to police for fear of implicating themselves in drug crimes.  Other similar home invasion robberies were committed in Charleston and surrounding communities, but the crime spree also extended to Virginia, Pennsylvania, and Tennessee. 

“Some of these robberies occurred in neighborhoods where families live and where children play outside---places where decent people have every right to expect to be safe and free from this type of violent behavior,” said U.S. Attorney Goodwin.  “But when prescription and other types of illegal drugs are involved, criminal behavior is unpredictable and can be dangerous.  Be assured, my office is committed to ensuring that these kind of offenders are identified, investigated and prosecuted to the fullest extent of the law, so that people can be safe in their homes.”   

Glenn, Smith, and Seltzer have all entered guilty pleas in federal court for charges related to this investigation and are awaiting sentencing.

Barcliff faces a up to life imprisonment when he is sentenced on May 7, 2014, by United States District Court Judge Thomas E. Johnston.

The South Charleston Police Department, Charleston Police Department, and the Federal Bureau of Investigation conducted the investigation.  Assistant United States Attorneys Monica D. Coleman and Philip H. Wright are in charge of the prosecution.  

David Baisden stripped local vendor of nearly $60,000 in county business for refusing to give him special discount

CHARLESTON, W.Va. – United States Attorney Booth Goodwin today announced that former Mingo County Commissioner David L. Baisden was sentenced to 20 months in federal prison for using his public office to commit extortion.

In June 2009, Baisden, 67, of Delbarton, West Virginia, shook down the Appalachian Tire store in Williamson, West Virginia, for a deep discount on tires for his personal car, threatening to cut off the store’s county business unless it complied. When Appalachian refused Baisden’s demand, he used his authority as the commission’s purchasing agent to make good on his threat, stripping Appalachian of nearly $60,000 in county business.

More recently, Basiden played a key role in a scheme to obstruct a federal investigation of former Mingo County Sheriff Eugene Crum. In early 2013, Baisden learned that a Mingo County drug defendant was informing to the Federal Bureau of Investigation (FBI) regarding alleged criminal conduct by Crum. Baisden and other county officials orchestrated a scheme to remove the informant’s defense attorney, who was encouraging the FBI cooperation, and replace him with another attorney handpicked by Baisden. Former Mingo County Circuit Judge Michael Thornsbury and former Mingo County Prosecuting Attorney Michael Sparks have pleaded guilty in connection with that scheme.

“The people of Mingo County and southern West Virginia are sick and tired of crooked politicians,” said U.S. Attorney Goodwin. “They deserve honest leaders who will work hard to make West Virginia a better place, not feather their own nests. These prosecutions should send a strong message: politicians are not above the law, and there are serious consequences for abusing the public’s trust.”

Goodwin’s office forced Baisden off the Mingo County Commission last October as part of a plea agreement. That agreement barred Baisden from ever seeking or serving in public office again.

As part of Baisden’s sentence, United States District Court Judge John T. Copenhaver, Jr., ordered him to repay nearly $8,000 to Appalachian Tire and the Goodyear Tire and Rubber Company to reimburse the profits he cost them. After he completes his prison time, Baisden will spend three years on federal supervised release.

The FBI and the West Virginia State Police are conducting the investigation of corruption in Mingo County. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are in charge of the prosecutions.

Beckley, W.Va. –   Francesco Gulino, an Italian national, was sentenced to 46 months in federal prison for illegal reentry into the United States after being deported, U.S. Attorney Booth Goodwin announced today.  On April 20, 2011, Mr. Gulino was deported to his native country of Italy after completing a sentence for attempted felonious assault.  Two years after his deportation, on April 20, 2013, agents with the Department of Homeland Security found Gulino residing in Raleigh County, West Virginia.   Gulino admitted that he had been deported to Italy, but illegally reentered the United States by coming though Canada. 

After Gulino has completed the sentence for illegal reentry, the United States Department of Homeland Security will take action to deport Guilino again.

The Department of Homeland Security conducted the investigation, assisted by the Raleigh County Sheriff’s Department.  Assistant United States Attorney Erik S. Goes handled the prosecution.  The sentence was imposed by United States District Judge Irene Berger. 

Defendant faces prison time; must repay EnerVest for damage to computer system

CHARLESTON – United States Attorney Booth Goodwin announced today that a former network engineer at Charleston-based EnerVest Operating pleaded guilty to intentionally causing damage to his employer’s computer system.  Ricky Joe Mitchell, 34, now of Mableton, GA, admitted that in June of 2012, shortly after he learned that he was going to be fired, he remotely accessed EnerVest’s computer system and reset the network servers to factory settings.  As a result of his intentional conduct, EnerVest was unable to fully communicate or conduct business operations for approximately 30 days.  In addition, data that the company thought had been backed up could not be retrieved.

“In 2014, it goes without saying that any business’s electronic communication capabilities and data storage are nearly as important to its success as the product or service it provides,” said U.S. Attorney Goodwin.  “The prosecution of Mr. Mitchell for his reckless conduct underscores my commitment to help protect small businesses from any threat – both inside and out.” 

Mitchell will be sentenced by the Honorable John T. Copenhaver, Jr. on April 24, 2014 to a maximum term of imprisonment of ten years and three years supervised release.  Mitchell will also be ordered to pay restitution for the damage caused by his criminal conduct.     

The U.S. Secret Service conducted the investigation.  United States Attorney Goodwin and Assistant United States Attorney Thomas C. Ryan are handling the prosecution.  

U.S. Attorney Booth Goodwin announced the Business Protection Initiative in November 2010.  Business protection is a primary initiative of the U.S. Attorney’s Office that focuses on prosecuting individuals who defraud West Virginia businesses.

BECKLEY, W.Va.  - United States Attorney Booth Goodwin announced today that Sherry Lively, 46 of Crab Orchard, West Virginia, pleaded guilty in federal court in Beckley to obtaining oxycodone painkillers by fraud.  In July of 2013, Lively took a forged prescription for oxycodone to a local pharmacy.  The prescription was forged by an individual who stole a script pad from a Beckley doctor.  The pharmacy filled the forged prescription and gave Lively oxycodone pills that were not legitimately prescribed for her.  Agents obtained a copy of the forged prescription from the pharmacy and were able to confirm that the doctor whose name was on the prescription had not signed it.

Lively faces up to four years’ imprisonment and a $250,000 fine.  United States District Judge Irene Berger has scheduled the sentencing for May 15, 2014.

The DEA and Beckley Police Department handled the investigation. 

Dealers busted with two pounds of pure meth and more than $40,000 cash

Charleston, W.Va. – Richard Milton Hudson Riggal, 44, of Zephyrhills, Florida and Howard Leon Lykins, II, 49, of Charleston, West Virginia pleaded guilty today to methamphetamine trafficking charges before United States District Judge John T. Copenhaver, Jr., announced U.S. Attorney Booth Goodwin. 

On July 2, 2013 detectives from the Metropolitan Drug Enforcement Network Team (MDENT) searched Lykins’ Stone Acres Drive residence. Riggall was present at the residence when officers arrived.  Officers found methamphetamine, digital scales, two firearms, and $41,490.00 in cash in Riggall’s luggage.  Police seized additional methamphetamine, firearms, and money from the house.

Police executed a second search warrant at another Kanawha County residence associated with the conspiracy, where they seized more than 900 grams of high-purity “Ice” methamphetamine .  Riggall admitted he had brought the Ice from Florida to West Virginia to sell.

Riggall pleaded guilty to possession with intent to distribute methamphetamine.  Lykins pleaded guilty to maintaining a residence for drug purposes.

Both men face up to 20 years in federal prison when they are sentenced on April 29, 2014.

MDENT and the DEA Task Force conducted the investigation.  Assistant U.S. Attorney Joshua Hanks is in charge of the prosecution.

BECKLEY, W.Va.  - United States Attorney Booth Goodwin announced today that Justin Woodie, 22, of Beckley, West Virginia, pleaded guilty in federal court in Beckley to obtaining oxycodone painkillers by fraud.  In July of 2013, Woodie attempted to obtain oxycodone pills from a local pharmacy using a forged prescription. The prescription had been forged by an individual who stole a script pad from a Beckley doctor.  The pharmacy filled the forged prescription and gave Woodie oxycodone pills that were not legitimately prescribed for him.  Agents obtained a copy of the forged prescription from the pharmacy and were able to confirm that the doctor whose name was on the prescription had not signed it.

Woodie faces up to four years’ imprisonment and a $250,000 fine.  United States District Judge Irene Berger has scheduled the sentencing for May 15, 2014.

The DEA and Beckley Police Department handled the investigation. 

Huntington, W.Va. - United States Attorney Booth Goodwin announced today’s sentencing of Charles Raymond Franklin, for his role in the theft of hundreds of gallons of diesel fuel from the National Guard’s Naval Special Warfare Ops Stock Program.  The Naval Special Warfare Command (the Command) is a component of the United States Navy that commanded, trained, equipped and deployed squadrons to support naval operations around the world.  The Command contracted with the West Virginia National Guard to store and maintain equipment, including diesel fuel, for naval use.

Franklin, 60, of Red House, West Virginia pleaded guilty in October of 2013 to receiving stolen government property.  From May of 2012 until March of 2013, Franklin purchased hundreds of gallons of stolen diesel fuel, at a fraction of its market price, from Matthew Brock, a West Virginia National Guard contract employee.  Franklin received over $14,000 worth of diesel fuel from Brock.  Brock previously pleaded guilty and was sentenced to probation for four years for stealing the diesel fuel from his employer.  Franklin received a sentence of 24 months of probation for purchasing the stolen fuel.

The Federal Bureau of Investigation conducted the investigation.  Assistant United States Attorney Blaire Malkin handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers. 

Huntington, W.Va. - United States Attorney Booth Goodwin announced today’s sentencing of Charles Raymond Franklin, for his role in the theft of hundreds of gallons of diesel fuel from the National Guard’s Naval Special Warfare Ops Stock Program.  The Naval Special Warfare Command (the Command) is a component of the United States Navy that commanded, trained, equipped and deployed squadrons to support naval operations around the world.  The Command contracted with the West Virginia National Guard to store and maintain equipment, including diesel fuel, for naval use.

Franklin, 60, of Red House, West Virginia pleaded guilty in October of 2013 to receiving stolen government property.  From May of 2012 until March of 2013, Franklin purchased hundreds of gallons of stolen diesel fuel, at a fraction of its market price, from Matthew Brock, a West Virginia National Guard contract employee.  Franklin received over $14,000 worth of diesel fuel from Brock.  Brock previously pleaded guilty and was sentenced to probation for four years for stealing the diesel fuel from his employer.  Franklin received a sentence of 24 months of probation for purchasing the stolen fuel.

The Federal Bureau of Investigation conducted the investigation.  Assistant United States Attorney Blaire Malkin handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers. 

HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that Alanna Lynn Mattison,  31, from Huntington, West Virginia, pleaded guilty to a federal drug charge for allowing her apartment to be used for storing and selling heroin and oxycodone.
Between February of 2013 and August of 2013, Mattison rented an apartment at 522 14th Street West in Huntington.  She allowed Bobby Nelson Gulley to use this apartment to traffic illegal drugs from Detroit, Michigan to Huntington. 
In August of 2013, agents searched multiple locations associated with this drug conspiracy and recovered more than 140 grams of heroin, 974 oxycodone pills and $12,000 in cash. 
As part of her plea agreement, Mattison admitted her role in the drug conspiracy with Gulley and Helen Louise Adkins, and also admitted that she sold heroin for Gulley.  Gulley pleaded guilty on January 21, 2013, for his involvement in the drug conspiracy. 
Mattison faces up to 20 years in federal prison, and is scheduled to be sentenced on April 28, 2014.
The Drug Enforcement Administration and Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams is in charge of 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.  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. 

HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that Alanna Lynn Mattison,  31, from Huntington, West Virginia, pleaded guilty to a federal drug charge for allowing her apartment to be used for storing and selling heroin and oxycodone.

Between February of 2013 and August of 2013, Mattison rented an apartment at 522 14th Street West in Huntington.  She allowed Bobby Nelson Gulley to use this apartment to traffic illegal drugs from Detroit, Michigan to Huntington. 

In August of 2013, agents searched multiple locations associated with this drug conspiracy and recovered more than 140 grams of heroin, 974 oxycodone pills and $12,000 in cash. 

As part of her plea agreement, Mattison admitted her role in the drug conspiracy with Gulley and Helen Louise Adkins, and also admitted that she sold heroin for Gulley.  Gulley pleaded guilty on January 21, 2013, for his involvement in the drug conspiracy. 

Mattison faces up to 20 years in federal prison, and is scheduled to be sentenced on April 28, 2014.

The Drug Enforcement Administration and Huntington Police Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams is in charge of 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.  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. 

HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that James Anthony Jones pleaded guilty in federal court in Huntington, West Virginia to possession with the intent to deliver 100 grams or more of heroin. 

In November of 2012, Jones and his girlfriend took a Greyhound bus from Detroit, Michigan to Huntington to deliver heroin given to them by Zachary Merritt.  Merritt has pleaded guilty to his role in the drug conspiracy and is awaiting sentencing.

Upon arrival in Huntington, Jones gave the heroin to his girlfriend.  Before getting into a taxi at the bus station, Jones directed her to hide the heroin inside her body.   Instead of following his direction, Jones’ girlfriend placed the heroin under the seat of the taxi.  Shortly after leaving the bus station, members of the Huntington Police Department stopped the taxi and seized the heroin.

As part of his plea agreement, Jones admitted that he participated in trafficking 528 grams of heroin to Huntington for resale.  Jones, who is scheduled to be sentenced on April 28, 2014, faces up to 40 years imprisonment and a $1 million to $5 million fine. 

Assistant United States Attorney Greg McVey 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.  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. 

HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that James Anthony Jones pleaded guilty in federal court in Huntington, West Virginia to possession with the intent to deliver 100 grams or more of heroin. 

In November of 2012, Jones and his girlfriend took a Greyhound bus from Detroit, Michigan to Huntington to deliver heroin given to them by Zachary Merritt.  Merritt has pleaded guilty to his role in the drug conspiracy and is awaiting sentencing.

Upon arrival in Huntington, Jones gave the heroin to his girlfriend.  Before getting into a taxi at the bus station, Jones directed her to hide the heroin inside her body.   Instead of following his direction, Jones’ girlfriend placed the heroin under the seat of the taxi.  Shortly after leaving the bus station, members of the Huntington Police Department stopped the taxi and seized the heroin.

As part of his plea agreement, Jones admitted that he participated in trafficking 528 grams of heroin to Huntington for resale.  Jones, who is scheduled to be sentenced on April 28, 2014, faces up to 40 years imprisonment and a $1 million to $5 million fine. 

Assistant United States Attorney Greg McVey 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.  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. 

HUNTINGTON, W.Va. - William Spencer Farley, who robbed the City National Bank on Route 60 in Huntington in July of 2013, was sentenced today to five years and ten months in federal prison, announced U.S. Attorney Booth Goodwin. On July 26, 2013, Farley pointed a pistol at a bank teller and demanded cash.  Farley fled the bank with $3,007.  Farley, who was captured on camera at the bank, was arrested shortly thereafter, and confessed to robbing the bank in a statement to law enforcement.  Farley pleaded guilty to the bank robbery on October 7, 2013. 
The Federal Bureau of Investigation and Cabell County Sheriff’s Department conducted the investigation.  Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by Chief United States District Judge Robert C. Chambers. 

HUNTINGTON, W.Va. - William Spencer Farley, who robbed the City National Bank on Route 60 in Huntington in July of 2013, was sentenced today to five years and ten months in federal prison, announced U.S. Attorney Booth Goodwin. On July 26, 2013, Farley pointed a pistol at a bank teller and demanded cash.  Farley fled the bank with $3,007.  Farley, who was captured on camera at the bank, was arrested shortly thereafter, and confessed to robbing the bank in a statement to law enforcement.  Farley pleaded guilty to the bank robbery on October 7, 2013. 

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