Elkins man admits to having large amount of methamphetamine

Source: United States Attorneys General 12

ELKINS, WEST VIRGINIA – An Elkins, West Virginia, man has admitted to having more than 300 grams of crystal methamphetamine and a firearm.  

Joshua Ervin Cave, 43, pled guilty today to possession and firearms charges. According to court documents, Cave had 338 grams of methamphetamine, also known as “ice,” and a hunting rifle found during search warrants executed at his home and a storage unit. Cave is prohibited from having firearms because of two prior domestic assault convictions in Randolph County Magistrate Court.

Cave is facing up to 20 years in prison for the drug charge and up to 10 years for the firearms charge. He is currently being held at the Tygart Valley Regional Jail. He will be sentenced at a later date. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the Mountain Region Drug Task Force.

Assistant U.S. Attorney Stephen Warner is prosecuting the case on behalf of the government.

U.S. Magistrate Judge Michael John Aloi presided.

 

Ohio man sentenced for Wheeling traffic stop that yielded counterfeit fentanyl pills, methamphetamine

Source: United States Attorneys General 12

WHEELING, WEST VIRGINIA – A Thornville, Ohio, man was sentenced to 9 years in prison today for having a large amount of methamphetamine on Wheeling Island.  

Christopher W. Thomas, 33, pled guilty to a possession charge in May 2022. During a traffic stop of Thomas’s vehicle, officers found 79 grams of methamphetamine and more than 240 grams of fentanyl, some of which was in the form of counterfeit Xanax pills. Thomas also had other items to manufacture the pills, including a metal pill press with hydraulic jack, cutting agents and a portable mixer. Officers also recovered a loaded 9mm pistol, a box of ammunition, and nearly $5,000 cash.

The Marshall County Drug Task Force, a HIDTA-funded initiative; West Virginia State Police; and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.

Assistant U.S. Attorney Clayton Reid prosecuted the case on behalf of the government.

U.S. District Judge John Preston Bailey presided.

 

United States Attorney Leigha Simonton Sworn Into Office

Source: United States Attorneys General 11

On Saturday, December 10, 2022, Leigha Simonton took the oath of office to become the United States Attorney for the Northern District of Texas.  Ms. Simonton was nominated by President Joseph R. Biden on November 14, 2022 and confirmed by the U.S. Senate on December 6, 2022. 

She took the oath of office from U.S. District Judge Barbara M.G. Lynn, for whom Ms. Simonton clerked during her first year as an attorney.  She succeeds Chad E. Meacham, who had served as the U.S. Attorney since October 2021.

“For nearly 18 years, I’ve had the privilege of litigating, supporting, and observing the most important cases our office has pursued, from public corruption to violent crime to counterterrorism,” said U.S. Attorney Simonton. “The Northern District of Texas is incredibly fortunate to have some of the most dedicated, innovative, and tenacious prosecutors and civil attorneys in the nation – and our law enforcement partners are equally impressive. I am honored to have been selected for this critical role, and I look forward to leading the office as we continue to pursue justice for the people of our district.”

As U.S. Attorney, Ms. Simonton is the top-ranking federal law enforcement official in the Northern District of Texas, which includes Dallas, Fort Worth, Lubbock, and Amarillo.  She oversees a staff more than 200, including 100 attorneys and more than 100 support personnel.  The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics.  The office also defends the United States in civil cases and collects debts owed to the United States.

Ms. Simonton is a career federal prosecutor who has worked in the U.S. Attorney’s Office for almost 18 years.  She is a 1994 graduate of L.V. Berkner High School in Richardson, Texas.  In 1997, she graduated early from the University of Texas at Austin with highest honors.  After briefly working in the Chicago Public Schools system, she attended Yale Law School, where she served as Managing Editor of the Yale Law Journal and received the John Fletcher Caskey Prize for best advocate in the law school’s mock trial finals.

Ms. Simonton graduated law school in 2001 and returned to the Northern District of Texas, where she served as a law clerk for U.S. District Judge Barbara M.G. Lynn and, later, for Judge Patrick E. Higginbotham on the U.S. Court of Appeals for the Fifth Circuit.

From 2003 to 2005, Ms. Simonton practiced in the Specialized Litigation and Appellate Sections at the Dallas office of Haynes & Boone, LLP, working on complex commercial litigation, white-collar, appellate, and antitrust matters.

In 2005, Ms. Simonton began her career as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Northern District of Texas, practicing in the office’s Appellate Division.  As an appellate prosecutor, she primarily defended convictions and sentences against defendants’ appeals in the U.S. Court of Appeals for the Fifth Circuit, arguing more than 20 times before that court and acting as sole counsel in almost 400 criminal appeals.  She also prosecuted cases at the trial-court level and provided extensive appellate advisory support to numerous trial teams throughout the district. 

In 2014, Ms. Simonton won the Director’s Award from the Department of Justice’s Executive Office for U.S. Attorneys for her multi-year trial and appellate work on the Dallas City Hall corruption case involving former Mayor Pro Tem Don Hill, his wife Sheila Farrington, former City Plan & Zoning Commissioner D’Angelo Lee, and several other defendants.  Most recently, she led her office in successfully overturning a three-judge panel decision in the Fifth Circuit Court of Appeals that had suppressed key evidence in a child exploitation case.  After successfully petitioning for the full Court of Appeals to review the three-judge decision, the full Court disagreed with the three-judge ruling and allowed the government use of that evidence.  

In addition to her substantive legal work, Ms. Simonton has served in several leadership roles within the office.  Most recently, Ms. Simonton served as the Chief of the Appellate Division and, before that, Deputy Chief of that Division.  As Chief, she served as the office’s lead appellate attorney and as a member of the office’s senior management team, advising the U.S. Attorney on legal, strategic, and administrative matters.  She also managed a team of several Assistant U.S. Attorneys and support staff and coordinated with various Main Justice components including the Appellate Section of the Criminal Division and the Office of the U.S. Solicitor General. 

As she took on her new responsibilities, U.S. Attorney Simonton thanked Mr. Meacham for his many years of public service with the U.S. Attorney’s Office and his commitment to justice over the last year as he served as the United States Attorney. Mr. Meacham looks forward to returning to the courtroom to prosecute cases.

Two corrections officers charged with violating a prisoner’s civil rights

Source: United States Attorneys General 12

CLARKSBURG, WEST VIRGINIA – Two correctional officers from United States Penitentiary Hazleton have been charged with civil rights violations involving the assault of a prisoner.

Robert David Sims, 40, of Bruceton Mills, West Virginia, and Joshua David Sines, 38, of Friendsville, Maryland, were each charged with one count of deprivation of rights and one count of assault with serious bodily injury. According to the indictment, Sims and Sines, while employed by USP Hazleton in Preston County, struck an inmate in the face, head, arms, and torso, causing significant injuries. 

If convicted, Sims and Sines each face up to 20 years in prison for the civil rights charge and up to 10 years for the assault charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The U.S. Department of Justice Office of Inspector General investigated the case.

Assistant U.S. Attorney Brandon Flower is prosecuting the case on behalf of the government.

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

Comerica Vault Manager Pleads Guilty to Embezzling At Least $120,000

Source: United States Attorneys General 11

A Comerica employee pleaded guilty Wednesday to embezzling more than $120,000 from the bank, U.S. Attorney for the Northern District of Texas Chad E. Meacham announced today.

Sallie Lazzaro, aka Sallie Marie Perry, 33, plead guilty to theft by a bank employee before U.S. Magistrate Judge Jeffrey L. Cureton.

According to plea papers, Ms. Lazzaro, who began as a teller and was later promoted to vault manager, admitted she repeatedly stole cash from the FDIC-insured bank.

She purloined cash from her teller drawer, hid it in her pocket or purse, and input false information into the bank’s computer system in order to manipulate teller and vault balances.

On May 20, 2021, when Ms. Lazzaro was on duty as vault manager, a cash count revealed that the bank was missing more than $100,000.

The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorney Nashonme Johnson prosecuted the case.

Barbour County man charged with firearms violations

Source: United States Attorneys General 12

CLARKSBURG, WEST VIRGINIA – A Philippi, West Virginia, man with a prior domestic violence conviction is facing federal firearms charges.

Ethan D. Delauder, 31, was indicted today for unlawful possession of a firearm and for possessing an unregistered firearm. According to court documents, West Virginia State Police conducted a traffic stop of Delauder during which a shotgun with an illegal shortened barrel was visible on the passenger seat. Delauder is prohibited from having firearms because of domestic violence conviction from Barbour County Magistrate Court in 2017.

If convicted, Delauder faces up to 10 years in prison for each charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Bureau of Alcohol, Tobacco, Firearms & Explosives and the West Virginia State Police investigated the case.

Assistant U.S. Attorney Christopher Bauer is prosecuting the case on behalf of the government.

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

Amarillo Man Pleads Guilty To Use of WMD

Source: United States Attorneys General 11

An Amarillo man who set off a bomb in his backyard, stashed a suicide vest in his alleyway, and privately plotted to blow up a local high school pleaded guilty today to a weapons of mass destruction (WMD) charge, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.

Erfan Salmanzadeh, a 33-year-old naturalized citizen of the U.S. born in Iran, pleaded guilty on Monday to use and attempted use of a weapon of mass destruction.

According to plea papers, Mr. Salmanzadeh admitted to law enforcement that he used homemade triacetone triperoxide (TATP) to blow up an Xbox in his back yard on July 26, 2021. At the time, he claimed he wanted to see how much damage such an explosion would cause.

He further admitted that after law enforcement arrived at the home to investigate the explosion – which was reported by neighbors who heard the blast – he flushed a gallon-sized jar of TATP powder down the toilet and concealed a suicide vest and a nail bomb in a dumpster in his alleyway:

According to plea papers, bomb technicians collected residual TATP – an extremely unstable explosive that reacts violently to friction and shock – from the defendant’s porcelain toilet bowl. They also discovered TATP residue on a white PVC pipe hidden in his bedroom closet. Officers recovered the suicide vest,  which contained several sewn pockets filled with red cylindrical taped tubes labeled “dynamite,” and nail bomb from the dumpster. 

Law enforcement later reviewed his electronic devices, including a video Mr. Salmanzadeh recorded on July 22, 2021, threatening to blow up a local high school.

“We are going to blast the school,” he said in Farsi, before displaying the nail bomb filled with shrapnel, the suicide vest filled with pipes labeled dynamite, a suitcase filled with container labeled explosives, and a backpack filled with bottles labeled explosives to the camera.

Officers uncovered several other videos showing Mr. Salmanzadeh conducting test explosions and several journals that contained notes and formulas related to the production of explosives.

In plea papers, Mr. Salmanzadeh admits he used the internet to conduct all the research he needed to construct TATP and WMD. He also admitted he used the internet to purchase a plane ticket to California on July 28, 2021, to avoid detection by law enforcement after a bombing.

“Armed with internet research, this defendant was able to create homemade explosives capable of wreaking mass casualties – casualties he dreamed of inflicting on innocent high schoolers,” said U.S. Attorney Chad Meacham. “Without vigilant neighbors who reported the sound of the explosion to authorities and immediate law enforcement intervention, this may have ended in tragedy.  Instead, the community is a little bit safer today as this defendant is being held accountable for his criminal activity.”

“The FBI’s top priority continues to be preventing a terrorist attack in the United States. The defendant had a device with the potential to cause significant damage and harm innocent people, and we would like to thank our partners at the Amarillo Police Department, Texas Department of Public Safety, Randall County Sheriff’s Office, and Homeland Security Investigations for their collaboration on this investigation,” said FBI Dallas Acting Special Agent in Charge James Dwyer.

Mr. Salmanzadeh now faces up to life in federal prison.

The Federal Bureau of Investigation’s Dallas Field Office and the Amarillo Police Department conducted the investigation with the assistance of the North Texas Joint Terrorism Taskforce, Homeland Security Investigations, the Texas Department of Public Safety, Randall County Sheriff’s Office, and the Amarillo Fire Department. Assistant U.S. Attorneys Jeffrey Haag and Josh Frausto are prosecuting the case with assistance provided by the National Security Division’s Counterterrorism Section.

Morgantown man and Detroit man sentenced for drug operation

Source: United States Attorneys General 12

CLARKSBURG, WEST VIRGINIA – Two men have been sentenced today for working together to sell large quantities of methamphetamine and cocaine in the Morgantown area.

Aaric Murray, 33, of Morgantown West Virginia, was sentenced today to 170 months in federal prison. Richard Kirkland Johnson, 26, of Detroit, Michigan, was sentenced to 147 months. Murray and Johnson were found guilty of multiple charges during a trial in September 2022.

According to trial testimony, officers were called to Murray’s home on reports of a hostage situation. Upon arrival, officers determined there wasn’t a threat but found evidence of a drug operation. A subsequent search of the home found crack cocaine, methamphetamine, drug paraphernalia and two firearms with ammunition. Murray and Johnson had thousands of dollars in cash during the initial search, as well as communications on their cell phones of recent drug deals.

Chief U.S. District Judge Thomas S. Kleeh heard evidence today of Murray’s extensive criminal history, including more than 40 interactions with law enforcement since 2012.

The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated the case.

Assistant U.S. Attorney Zelda Wesley and Clayton Reid prosecuted the case on behalf of the government.

Men Sentenced to Combined 23+ Years for Selling Machinegun, Silencer

Source: United States Attorneys General 11

Three men who sold a machine gun and silencer to an undercover ATF agent have been sentenced to more than 23 years in federal prison, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.

Guy Mena, 34, and Stephen Kadlec, 39, were arrested and charged in November 2021. Mr. Kadlec plead guilty in January 2022 to transferring a firearm in violation of the National Firearms Act and was sentenced in June to two years in federal prison. Mr. Mena pleaded guilty to transferring a firearm in violation of the NFA December 2021 and, in a separate case in July 2022, to conspiracy to distribute methamphetamine; he was sentenced last Thursday to a total of 14 ½ years in federal prison.

Their coconspirator Sergio Salgado, 37, was charged in May 2022. He also pleaded guilty to transferring a firearm in violation of the NFA and was sentenced in October to more than seven years in federal prison.

According to court documents, Mr. Mena offered to sell a confidential informant a firearm frame, two receivers – one semi-automatic and one fully-automatic – a silencer, and some firearm magazines for $6,000.

Accompanied by an undercover ATF agent, the confidential informant met Mr. Mena, Mr. Kadlec, and Mr. Salgado at a motel in Arlington on Nov. 18 2021. Mr. Kadlec showed the undercover agent the full-auto receiver, demonstrated how to swap the semi-auto receiver for the full-auto receiver on the firearm frame,  outlined the functionality of the silencer, and explained how to toggle the selector switch to full-auto to turn the firearm into a machinegun.

(Unlike semiautomatic firearms, machineguns – weapons that can shoot more than one shot, without manual reloading, by single function of the trigger – are generally unlawful for civilians under the National Firearms Act.)

The undercover agent handed over $6,000 and departed with the firearm, receivers, silencer, and magazines. Shortly after the ATF agent left the room, Texas DPS officers observed Mr. Mena, Mr. Kadlec, and Mr. Salgado exit the hotel room and get into a vehicle; when they pulled the vehicle over, they detained the three men and recovered the government funds.

Prior to the firearm transaction, Mr. Mena had sold more than 50 grams of methamphetamine to another confidential informant out of his apartment in Abilene.

The Bureau of Alcohol, Tobacco, Firearms, & Explosives’ Dallas Field Division and the Texas Department of Public Safety conducted the investigation in cooperation with the Arlington Police Department, the Abilene Police Department, and the Drug Enforcement Administration’s South Central Laboratory. Assistant U.S. Attorney Levi Thomas prosecuted the firearms cases against all three defendants while Assistant U.S. Attorney Juanita Fielden prosecuted the drug case against Mr. Mena.

Wellsburg man admits stealing $150,000 from volunteer fire department

Source: United States Attorneys General 12

WHEELING, WEST VIRGINIA – A Wellsburg, West Virginia, man has admitted to stealing $150,000 from the volunteer fire department where he formerly served as treasurer.

Daniel Keener, 46, pled guilty in federal court today to one count of wire fraud. Keener admitted that he used his position as treasurer of the Bethany Pike Volunteer Fire Department to divert funds from the Department’s bank accounts for his personal use over a five-year period. Keener used the stolen funds to purchase concert tickets, make payments on personal credit cards, pay for a family member’s educational expenses, and to purchase jewelry.

“Mr. Keener abused the trust placed in him by his colleagues at the fire department and now he must pay the consequences,” said United States Attorney William Ihlenfeld.

Keener is facing up to 20 years in federal prison, and he must make $150,000 in restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Federal Bureau of Investigation investigated. The West Virginia State Auditor’s Office assisted.

Assistant U.S. Attorney Jarod Douglas is prosecuting the case on behalf of the government.

U.S. Magistrate Judge James P. Mazzone presided.