Bowling Green Federal Grand Jury Returns Three Indictments Charging Drug Trafficking and Firearms Offenses

Source: United States Attorneys General 7

Bowling Green, KY – A federal grand jury in Bowling Green returned three indictments today separately charging three men with drug trafficking and firearms offenses. 

U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Kentucky State Police Commissioner Phillip Burnett, Jr. made the announcement.

According to court records: 

Forrest Holmes, age 60, of Henderson County, Kentucky, was charged with one count of possession of a firearm by a convicted felon. Holmes had previously been convicted in the Henderson Circuit Court of several felonies, including first-degree possession of a controlled substance (methamphetamine), manufacturing methamphetamine, first-degree trafficking in a controlled substance, convicted felon in possession of a handgun, and tampering with physical evidence. If convicted, he faces a maximum sentence of 10 years in prison.    

Rickey Sutton, age 28, of Daviess County, Kentucky, was charged in a superseding indictment with two counts of distribution of fentanyl, and once count of possession of a firearm by a convicted felon. Sutton had previously been convicted in the Daviess Circuit Court for the felonies of convicted felon in possession of a firearm, receiving stolen property (firearm), and tampering with physical evidence. If convicted, he faces a maximum sentence of 20 years in prison.    

Alan C. Rogers, age 55, of Livingston County, Kentucky, was charged with one count of possession with the intent to distribute 50 grams or more of actual methamphetamine, being a felon in possession of firearms, and possession of a firearm with an altered/obliterated serial number. Rogers had previously been convicted in the Livingston Circuit Court of the felony of complicity to first-degree possession of a controlled substance. If convicted, he faces a minimum sentence of 10 years and a maximum sentence of life in prison.   

A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.

The Daviess County/Owensboro HIDTA Drug Task Force, the FBI, the ATF, and the Kentucky State Police are investigating the cases.

The cases are being prosecuted by Assistant U.S. Attorneys Jo Lawless and Mark J. Yurchisin II.

These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Previously Convicted Felon Pleads Guilty to Illegal Possession of Machine Gun

Source: United States Attorneys General 7

Louisville, KY – A convicted felon pleaded guilty yesterday to illegally possessing a handgun and a “Glock switch” device which allows a semi-automatic handgun to function as an automatic. Glock switches are defined as machine guns under federal law.

U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division made the announcement.

According to court documents, Jeremiah Neal, 30, of Louisville, illegally possessed a handgun equipped with a Glock switch on April 14, 2022. Neal was also a convicted felon who was prohibited from possessing firearms.

Neal pled guilty to possession of a firearm by a prohibited person and to illegal possession of a machine gun. He is scheduled to be sentenced on February 9, 2023, and he faces a maximum sentence of 20 years in prison. There is no parole in the federal system. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case is being investigated by the ATF with the assistance of the Kentucky Department of Probation and Parole.

Assistant United States Attorney Josh Porter is prosecuting this case.  

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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Knott County Man Sentenced to 298 Months for Armed Fentanyl and Methamphetamine Trafficking

Source: United States Attorneys General 7

PIKEVILLE, Ky. – A Pippa Passes, Ky., man, Tony Minor, 44, was sentenced on Tuesday to 298 months in federal prison, by U.S. District Judge Robert Wier, for possession with intent to distribute methamphetamine and fentanyl, and possession of a firearm in furtherance of drug trafficking.

According to Minor’s plea agreement, on February 10, 2022, law enforcement attempted to stop a vehicle in which Minor was an occupant.  Minor ran from law enforcement, who eventually apprehended him and found baggies, a scale, and over 100 grams of methamphetamine on his person.  Law enforcement then searched Minor’s residence and found additional drugs, including over 40 grams of fentanyl and a loaded firearm.  Minor possessed this firearm to protect himself from the dangers of drug trafficking and was not legally permitted to possess the firearm because he was a convicted felon.

Minor pleaded guilty to the current charges in August 2022.  Minor was previously convicted of a drug trafficking felony in the Knott County Circuit Court.

Under federal law, Minor must serve 85 percent of his prison sentence.  He will be under the supervision of the U.S. Probation Office for eight years after his release from prison. 

Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI Louisville Field Office; and Sheriff Dale Richardson, Knott County Sheriff’s Office, jointly announced the sentence. 

The investigation was conducted by the FBI, KSP, and Knott County Sheriff’s Office.  The United States was represented by Assistant U.S. Attorney Andrew Trimble.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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Scott County Man Sentenced for Wire Fraud

Source: United States Attorneys General 7

LEXINGTON, Ky. – A Georgetown, Ky., man, Ralph Tackett, 66, was sentenced to 33 months in federal prison on Monday, by Chief U.S. District Judge Danny C. Reeves, for wire fraud.

According to the agreed facts presented, Tackett was the treasurer of a church in Georgetown, who embezzled a total of $512,042.00, in part through the commission of wire fraud.  Tackett admitted, among other facts, that from December 2015 until July of 2019, he stole money directly from the church, by transferring funds to pay on his personal credit cards, by issuing checks which he deposited into his own personal and business accounts for his own benefit, and by unlawfully transferring money in other ways, to meet the demands of a third-party.  Throughout this time, Tackett concealed the true nature of the church’s expenditures from the church Pastor and Board members, by exploiting his position of trust and the access he wielded as the organization’s treasurer.  The church endured substantial financial hardship as a result of Tackett’s theft.   

As part of his sentence, Tackett was ordered to pay restitution in the amount of $532,807.46 to the church.  This amount includes the amount of money he embezzled directly, as well as the additional costs the church was found to have incurred as a direct result of Tackett’s crime.

Under federal law, Tackett must serve 85 percent of his prison sentence; and upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.

The investigation was conducted by the FBI.  The United States was represented by Assistant United States Attorney Tashena A. Fannin.

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Man Sentenced for Integral Role in Sophisticated International Fraud Scheme

Source: United States Attorneys General 7

LEXINGTON, Ky. – A Romanian national was sentenced on Monday to 89 months in prison for his role in a transnational, multimillion-dollar scheme to defraud American victims. He is the 24th member of the organized criminal group to be sentenced, of the 28 who were charged.

Ionut-Razvan Sandu, 35, of Romania, pleaded guilty in April 2022 to conspiracy to commit a Racketeer Influenced and Corrupt Organizations Act (RICO) offense. Four other defendants pleaded guilty to this offense and were sentenced for their roles in the conspiracy between Nov. 16 and 18, 2022, including: Rafael-Liviu Cucu, 33, of Romania to 61 months; Alexandru-Catalin Calin, 40, of Romania, to 61 months; Ciprian-Ionut Filip, 37, of Romania to 70 months; and Gabriel Constantin Georgescu, 37, of Romania to 63 months.

“This highly organized and sophisticated syndicate stole directly from the pockets of hard-working Americans. The criminals then used digital currency to launder their ill-gotten gains,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s result is proof that the Criminal Division and our law enforcement partners will never stop pursuing cybercriminals who target the American public—no matter where these criminals reside, and no matter what tools they use to hide.”

“Cybercrime is an increasingly prevalent means for criminals to prey on the public, causing victims, from across the United States, to lose millions of dollars,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “To continue to protect Americans against organized cybercrime, cooperation and coordination among law enforcement is essential. This case is the result of a massive, years-long effort by the U.S. Secret Service to coordinate the investigation of this crime and identify and apprehend the offenders. I commend the exceptional work done by all our law enforcement partners, and we are proud to have joined this cooperative effort to prosecute this significant cyber fraud scheme.”

“Financial crimes that take place in the cyber domain have a very real impact on everyday Americans and their families,” said Special Agent in Charge Robert Holman of the U.S. Secret Service Louisville Field Office. “The Secret Service remains committed to investigating such crimes, and we appreciate the continued support of our local, state, federal, and international law enforcement partners as we work together to bring those responsible to justice.”

According to plea documents, beginning as early as October 2014, Sandu and other members of the criminal organization collectively developed a process and offered a service by which co-conspirators based in the United States and abroad would launder the proceeds of online auction fraud.

According to court documents, Georgescu, Filip, and other co-conspirators posted false advertisements to popular online auction and sales websites, such as eBay, for goods that did not actually exist. Members of the conspiracy created fictitious online accounts to post these advertisements and communicate with victims, sometimes using the stolen identities of Americans to do so. The advertisements typically marketed the sale of used vehicles or similar goods and targeted working-class Americans.

Members of the conspiracy used several tactics to convince victims to send money for the advertised goods. For example, they impersonated a military member who needed to sell the advertised item before deployment. In furtherance of the scheme, the defendants delivered invoices to the victims bearing trademarks of reputable companies to make the transaction appear legitimate. The defendants also set up call centers to impersonate customer support, address questions, and alleviate concerns over the advertisements.

Once victims had sent payment, members of the conspiracy engaged in a complex money laundering scheme offered by Sandu and others wherein U.S.-based conspirators received victim funds, converted those funds to cryptocurrency, and transferred proceeds in the form of cryptocurrency to foreign-based money launderers. Those foreign-based money launderers, such as Cucu and Calin, would then work with other members of the conspiracy to convert the bitcoin back into fiat currency. Sandu was held responsible for laundering over $3.5 million worth of fraudulent proceeds. To date, law enforcement has identified over 900 victims of this scheme.

The investigation was conducted by the U.S. Secret Service, Kentucky State Police, Lexington Police Department, IRS Criminal Investigation and U.S. Postal Inspection Service, and supported by the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) and the International Organized Crime Intelligence and Operations Center (IOC-2). Assistance was provided by the Romanian National Police (Service for Combating Cybercrime), the Romanian Directorate for Investigating Organized Crime and Terrorism (Agency for Prosecuting Organized Crime), and the Supreme Prosecutor’s Office of Cassation of the Republic of Bulgaria. The Justice Department’s Office of International Affairs and Criminal Division’s Money Laundering and Asset Recovery Section provided significant support.

This case is being prosecuted by Senior Counsel Frank Lin of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Kathryn M. Dieruf of the U.S. Attorney’s Office for the Eastern District of Kentucky.

Individuals who believe they may be victims of the online auction fraud scheme described herein are encouraged to visit the following website to obtain more information: www.justice.gov/usao-edky/information-victims-large-cases.

Michigan Man Sentenced to 105 Years for Armed Drug Trafficking and Attempted Robbery

Source: United States Attorneys General 7

LONDON, Ky.— A Flint, Michigan man, Charles Ray Edwards, 39, was sentenced to 105 years in federal prison on Tuesday, by U.S. District Judge Robert E. Wier, after being convicted of armed drug trafficking and attempted robbery.           

In July 2022, Edwards was convicted of heroin trafficking, fentanyl trafficking, conspiracy to distribute both substances, felon in possession of a firearm, use of a firearm in furtherance of the drug trafficking, and for his role in an attempted Hobbs Act robbery at a convenience store.  His trafficking and robbery offenses involved three shooting victims, including the death of a bystander in the convenience store.

According to testimony at trial, Edwards was dealing heroin and fentanyl in Southeastern Kentucky region.  As part of his drug trafficking crimes, Edwards wounded two individuals in a shooting incident in Knox County.  Then, during the attempted robbery, a bystander in the store was shot and killed.  Edwards has a prior felony conviction and was prohibited from possessing firearms.

“Charles Edwards was trafficking in dangerous drugs, attempted to hold up a store, was involved in multiple shootings – one resulting in the death of a bystander – and did all this with firearms he was prohibited from possessing,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “There is little question his conduct warrants the sentence imposed, and that our communities will now be safer for his incarceration.  We will prioritize the prosecution of those who engage in such reckless and destructive violence and continue to do our part to protect our communities.  We hope this will provide some sense of justice to the victims and are grateful for the critical efforts of our law enforcement partners.”

“ATF’s core mission is to protect the public from violent criminals like Charles Edwards,” said ATF Special Agent in Charge R. Shawn Morrow of the Louisville Field Division.  “Armed drug trafficking and violence go hand in hand.  Today, Edwards was held accountable for his actions because of the hard work of our ATF London Office, Kentucky State Police, Williamsburg Police Department, and the U.S. Attorney’s Office. This investigation demonstrates our continued commitment to stopping violent criminals and the drug traffickers that plague our Eastern Kentucky communities.”

United States Attorney Shier; ATF SAC Morrow; Colonel Phillip Burnett Jr., Commissioner, Kentucky State Police; and Chief Jason Caddell, Williamsburg Police Department, jointly announced the sentence.

The investigation was conducted by the ATF, KSP, and Williamsburg Police Department.  The United States was represented in the case by Assistant U.S. Attorneys Jenna Reed and Jason Parman.  

This case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  The PSN program involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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Pikeville Medical Center to Pay $4.39 Million to Resolve Alleged Controlled Substance Act Violations That Allowed Drug Diversion

Source: United States Attorneys General 7

LEXINGTON, Ky. — The United States Attorney’s Office for the Eastern District of Kentucky announced that Pikeville Medical Center (“PMC”) has agreed to pay the United States $4,394,600 in civil penalties, to resolve allegations that its violations of the Controlled Substances Act’s (“CSA”) recordkeeping provisions resulted in significant diversion of dangerous opioids from its pharmacy.  The settlement is one of the nation’s largest relating to CSA recordkeeping violations involving allegations of drug diversion at a hospital. The settlement is the third-largest civil penalty ever obtained from a hospital system under the CSA.

As a registrant with the U.S. Drug Enforcement Administration (“DEA”), PMC had certain recordkeeping obligations, which included maintaining complete and accurate records of each controlled substance received, dispensed, and disposed.  DEA has the authority to inspect the records of registrants like PMC, to verify that their records are complete, accurate, and in compliance with the CSA.

In settlement documents, the Government contends that over a two-year period, PMC violated multiple provisions of the CSA relating to recordkeeping, including by failing to maintain complete and accurate inventories and dispensing records for Schedule II controlled substances.  The Government alleges that as a result of these failures, a PMC pharmacy technician was able to divert more than 60,000 dosage units of oxycodone, hydrocodone, and methadone from PMC’s narcotics vault and Pyxis MedStations, from January 1, 2016, through September 7, 2018.  The controlled substances diverted from PMC ultimately were distributed by the pharmacy technician’s husband to the community.  Both the PMC pharmacy technician and her husband have pled guilty to violating 21 U.S.C. § 846, conspiracy to distribute Schedule II controlled substances, in the matter of United States v. Perry et al., 7:20-cr-12. 

“As the opioid crisis continues to plague communities in Kentucky, hospitals like PMC have a responsibility and critical role to play.  They must ensure that controlled substances are carefully tracked and protected against theft and loss, so that these drugs are not diverted for illegal uses,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “My office will continue to seek appropriate civil penalties from healthcare providers who are careless with their recordkeeping and fail to provide effective safeguards against drug diversion.”

“All DEA registrants, to include hospitals and healthcare providers, are obligated to adhere to the strict record-keeping requirements outlined in the Controlled Substances Act; failure to do so often leads to the diversion of controlled substances,” said Special Agent in Charge Todd Scott, head of the Drug Enforcement Administration’s Louisville Division.  “The size of this fine shows how serious this situation is.  Hopefully, Pikeville Medical Center will do a better job in the future with their record keeping and the resulting harm inflicted on the community can be reversed.”

As part of the settlement, PMC has entered into a three-year Memorandum of Agreement with DEA, which prescribes the hospital’s drug-handling responsibilities going forward. These steps include: 

  • Permitting DEA personnel to enter its registered location at any time during regular business hours without an administrative inspection warrant, and without prior notification to PMC, to verify compliance with the Memorandum of Agreement;
  • Conducting an inventory of select controlled substances every six months and providing the results to DEA;
  • Investigating and documenting any concerns about diversion, employee theft, or significant loss of controlled substances;
  • Reporting suspicious controlled substance incidents to DEA on a quarterly basis; and
  • Providing mandatory training on federal laws and regulations pertaining to controlled substances for all employees and contract personnel who have access to controlled substances.

PMC cooperated with the DEA’s investigation and self-reported the diversion.  As recognized in the Memorandum of Agreement, PMC took substantial steps to address its deficiencies in its handling of controlled substances before the settlement was entered.

A main objective of the CSA is controlling illegitimate traffic in controlled substances.  To prevent the diversion of controlled substances, the CSA regulates persons and entities that manufacture, distribute, and dispense controlled substances.  The Government’s investigation and resolution of this matter illustrates its continued emphasis on combating the prescription opioid crisis by ensuring that opioids are not diverted.  Anyone with concerns about prescription drug diversion can report them to the DEA, by submitting a tip at https://www.dea.gov/submit-tip.

The case was investigated by the Drug Enforcement Administration’s London Resident Office Diversion Group, with assistance from the Kentucky Board of Pharmacy, and handled by the U.S. Attorney’s Office’s Affirmative Civil Enforcement section, including Assistant U.S. Attorneys Meghan Stubblebine and Mary Melton.  The claims resolved by the settlement are allegations only, and there has been no determination of liability.

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Cincinnati Man Sentenced to 262 Months for Methamphetamine and Fentanyl Conspiracy

Source: United States Attorneys General 7

COVINGTON, Ky. – A Cincinnati man, Tamar Pope, 36, was sentenced Tuesday to 262 months in federal prison, by U.S. District Judge David Bunning, for conspiracy to distribute 50 grams or more of methamphetamine and 400 grams or more of fentanyl, as well as aiding and abetting the distribution of 50 grams of methamphetamine.                

According to his plea agreement, Pope supplied more than 30 pounds of crystal methamphetamine and 15 pounds of fentanyl to a conspiracy that distributed these substances in Northern Kentucky and Southern Ohio.  Law enforcement seized significant amounts of methamphetamine from various conspiracy members in Kentucky and Ohio during the investigation. 

Pope has four previous convictions for drug trafficking and had been released from prison in 2019.   

Pope pleaded guilty to the current charges in June 2022.

Five other defendants have already been sentenced for their roles in the conspiracy.  Robert Pflug was sentenced to 144 months; Holly McHenry was sentenced to 180 months; Thomas Powers was sentenced to 48 months; Travis Lelesch was sentenced to 84 months; and Allie Skirvin was sentenced to 202 months.            

Under federal law, each Defendant must serve 85 percent of their prison sentence.  Pope will be under the supervision of the U.S. Probation Office for five years after his release from prison. 

Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; Keith Martin, Special Agent in Charge, DEA Detroit Field Division; Bryan Allen, Chief of the Villa Hills Police Department; and Christopher Fangman, Chief of the Newport Police Department, jointly announced the sentences. 

The investigation was conducted by the Drug Enforcement Administration, the Villa Hills Police Department, and the Newport Police Department.  The United States was represented by Assistant U.S. Attorney Tony Bracke.

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Missouri Man Indicted for Bank Robbery

Source: United States Attorneys General 7

KANSAS CITY, KAN. – A federal grand jury in Kansas City returned an indictment charging a Missouri man with robbing a bank in Kansas.

According to court documents, in February 2023, Troy Robbins, 53, of Smithville, Missouri, is accused of entering a Chase Bank in Leawood, Kansas, and using force to take U.S. currency from a bank employee.

The Federal Bureau of Investigation (FBI) is investigating the case.

Assistant U.S. Attorney David Zabel is prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Man Gets Prison Time for Meth Trafficking

Source: United States Attorneys General 7

KANSAS CIY, KAN. – A Kansas man who led police on a high-speed chase was sentenced to 195 months in prison for drug trafficking. 

According to court documents, in October 2022, Russell Loomis, 50, of Kansas City, Kansas, pleaded guilty to one count of possession with intent to distribute more than 50 grams of methamphetamine.

In September 2019, Loomis went to a home in Kansas City, Kansas, to deliver approximately 86 grams of methamphetamine in what was a controlled buy set up by the Drug Enforcement Administration (DEA). Loomis drove away from the residence, and a short time later the Kansas City, Missouri police attempted to pull him over. Loomis refused to stop and initiated a chase in which multiple law enforcement agencies and an aerial unit joined in the pursuit. Loomis struck two DEA vehicles, a Kansas Highway Patrol vehicle, and a Kansas Department of Transportation dump truck before eventually losing control and crashing. He was then taken into custody. Law enforcement officers found 150.6 grams of methamphetamine and guns in his vehicle.

The Drug Enforcement Administration (DEA), the Kansas City, Kansas Police Department, the Kansas Highway Patrol, and the Olathe Police Department investigated the case.

Assistant U.S. Attorneys Faiza Alhambra, Trent Krug, and Michelle McFarlane prosecuted the case.

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