CLARKSBURG, WEST VIRGINIA – Eleven law enforcement members were recognized today for their outstanding work in the greater Clarksburg area.

U.S. Attorney Bill Powell recognized WV State Police Cpl. John W. Smith, FBI Special Agent Fred Aldridge, FBI Special Agent Matt Eagles, DEA Diversion Investigator Guy McCartney, DEA Diversion Investigator Chris Skaggs, WV State Police Sgt. Rob Talkington, Bridgeport Police Lt. Gary Weaver, WV State Police Task Force Commander Josh Tallman, FBI Special Agent Peter Olinits, FBI Special Agent Jared Jankowski, FBI Special Agent Justin Van Tromp, and IRS Special Agent Tami Devericks for their exemplary work.

“Honoring those who go above and beyond to protect our children, our community and our national security is a great privilege. While this year has created exceptional challenges, they continue their great work to keep our communities safer.  Those honored today never seek recognition, but it is important to let the public know about the accomplishments of our law enforcement members.  I thank each and every one of them for their continued service,” said Powell.  

West Virginia State Police Cpl. J.W. Smith and FBI Special Agent Aldridge conducted an arduous two-year investigation resulting in the successful prosecution of former Harrison County Sheriff’s Deputy Tim Rock for distributing drugs to his confidential informants in 2016.  Cpl. Smith and Special Agent Aldridge conducted dozens of interviews, often with hard-to-locate subjects, active drug users, uncooperative witnesses, and Rock himself.  They poured over and organized hundreds of pages of law enforcement records and reports Their work was exceptional, and Rock’s conviction was uniquely important to the county and the law enforcement community. Rock was sentenced to more than 58 months in prison.

For the successful outcome of this case and their important roles in the investigation, the Outstanding Investigative Effort Award was given to Cpl. J.W. Smith and Special Agent Fred Aldridge.

FBI Special Agent Matt Eagles, DEA Diversion Investigator Guy McCartney, DEA Diversion Investigator Chris Skaggs worked tirelessly in the prosecution of several physicians and others in a prescription drug case. The Dr. Felix Brizuela investigation began in January 2015 as a DEA investigation into Dr. Brizuela’s prescribing practices. It soon became evident that Dr. Brizuela was engaging in healthcare fraud, the FBI joined the investigation. The investigation quickly expanded to other targets, including Dr. George Naum, Sharon Jackson and Eric Drake. Investigator McCartney and Special Agent Eagles spent the next four years investigating these individuals and preparing the case for trial. Their investigation included collecting and reviewing over 650,000 documents, among which were hundreds of patient medical charts from two different medical practices. The agents executed search warrants on five physical locations and three email accounts. They also interviewed over one hundred witnesses. Ms. Jackson and Mr. Drake resolved their cases by plea agreement. Dr. Naum was found guilty after a lengthy trial and sentenced to 6 months incarceration and 6 months home confinement and ordered to forfeit over $75,000.00 in ill-gotten gains. Dr. Brizuela pled guilty last week. He was sentenced to time served which equaled six months, and three years of supervised release. During this time, he is not permitted to request a license to prescribe medications from the DEA.  Investigator Guy McCartney and Special Agent Matt Eagles devoted many long and tedious hours to investigating and seeing through this complex case to prosecution, and Investigator Chris Skaggs stepped in and carried the case through to sentencing. For all of their hard work, they each received the Outstanding Investigative Effort Award.

WV State Police Sgt. Rob Talkington has been doing child exploitation cases for a long time. His experience is reflected in his poise and in his decision-making.  His hard work in the Tara Ponceroff and Ian Toothman child pornography cases.  A sharp eye and some excellent investigative work led law enforcement to believe that there were child pornographic images on Toothman’s phone, and that Ponceroff was the depicted female in the pictures. He was able to ascertain the identity of the victim (whose face was not visible). Both defendants pled guilty and were given severe sentences for their conduct. Toothman is serving 278 months and Ponceroff is serving 360 months. Sgt. Talkington also handled the James Smith child pornography case in which Smith, a previously convicted offender, was engaging in an extremely sexual chat with various teenaged boys. Smith pled guilty and was sentenced to 168 months in prison. Sgt. Rob Talkington was honored with the Outstanding Investigative Effort Award.

Lt. Gary Weaver with the Bridgeport Police Department is a staunch force for good in the fight against child exploitation. Lt. Weaver was a key part of the investigations into Jeremy Smith, Jack Rice, and Quionte Crawford, all child pornography cases. Rice was sentenced to 57 months in prison. Jeremy Smith pled guilty to a child pornography charge and was sentenced to 51 months in prison. Lt. Weaver put forth an extraordinary effort on the Crawford case. Crawford had befriended and groomed teenaged boys he met at youth baseball games and tournaments. Crawford groomed their parents as well. Then he would approach them on-line in the persona of a sexually eager 18-year-old girl.  Lt. Weaver’s patience with the victims was exemplary. Crawford received a life sentence for his crimes. Lt. Weaver was also integral in the case against defendant James Vincent Scott. Lt. Weaver posed online as a 15 y/o female, in which Scott sent sexually explicit text to what he thought was an underage female. He solicited pictures. He then agreed to meet the “female” for sex and drove from Ohio to Bridgeport for the purpose of meeting her.  Scott pled guilty and was sentenced to 50 months.  Lt. Weaver received the Outstanding Investigative Effort Award.

On the evening of Monday, August 5, 2019, Task Force Commander J. M. Tallman, as well as other troopers, responded to Pocahontas County to assist in the search of an armed subject.  The suspect had fired upon the Pocahontas County Sheriff and one of his deputies after a single vehicle crash and fled into a heavily wooded area.  TFC Tallman and another trooper went with a Huttonsville Prison K-9 unit in an attempt to track and locate the suspect.  TFC Tallman heard movement in the brush and observed the suspect appear from behind some trees with a rifle.  TFC Tallman instructed the suspect to put the gun down.  An exchange of gunfire ensued, and the suspect charged toward TFC Tallman.  TFC Tallman was struck in the abdomen with a high-powered rifle.  The round had struck TFC Tallman’s cap stun and duty belt buckle before traveling through the lower part of his Kevlar vest and into his abdomen.  The suspect continued charging at TFC Tallman at which time a physical altercation ensued.   TFC Tallman transitioned to his 9mm duty weapon and fired several rounds as the suspect was attempting to disarm him.  TFC Tallman’s duty weapon malfunctioned and TFC Tallman transitioned back to his AR-15 and fired a single round, fatally wounding the suspect. TFC Tallman was treated on scene by Troopers and flown to Ruby Memorial Hospital via WVSP Aviation. TFC Tallman has since recovered from his injuries and continues his work. For his bravery and selflessness, Task Force Commander Josh Tallman was given the Heroic Effort Award.

FBI Special Agent Peter Olinits, IRS Special Agent Tami Devericks, FBI Special Agent Jared Jankowski, and FBI Special Agent Justin Van Tromp worked tirelessly on two cases involving Chinese nationals.

Dr. Qingyun Sun, a Chinese national, was employed by West Virginia University as a professor since 2001 and contracted to the West Virginia Development Office, within the West Virginia Department of Commerce, to act as the governor’s assistant for China affairs since 2008.  Dr. James Patrick Lewis, an American citizen, was employed by WVU as a physics professor since 2006.  The investigations involved countless hours of investigative work and hundreds of documents. Dr. Sun pled guilty to wire fraud and tax fraud in July 2020 and is awaiting sentencing in December 2020. Dr. Lewis pled guilty to federal program fraud in March 2020 and was sentenced to three months of incarceration and fined $9,363 for the costs of the incarceration and was ordered to pay more than $20,000 in restitution to WVU. FBI Special Agent Peter Olinits, IRS Special Agent Tami Devericks, FBI Special Agent Jared Jankowski, and FBI Special Agent Justin Van Tromp were vital to the resolutions in both cases and were presented with Outstanding Investigative Effort Awards.

The ceremony was held in the Clarksburg Federal Courthouse and included remarks from U.S. Attorney Bill Powell and the presence of many local, state and federal law enforcement leaders from throughout West Virginia. 

Other ceremonies were held in Martinsburg and Wheeling to honor more recipients of the U.S. Attorney Awards.

 

CLARKSBURG, WEST VIRGINIA – Dr. Felix Brizuela, Jr., of Harrison City, Pennsylvania, has admitted to illegally distributing controlled substances, U.S. Attorney Bill Powell announced.

Brizuela, age 59, of Harrison City, Pennsylvania, pled guilty today to one count of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice.” Brizuela admitted to illegally distributing oxycodone in Monongalia County in August 2013. Based upon the plea agreement, Brizuela was sentenced to time served and three years of supervised release, during which time he is not permitted to seek authority to prescribe any medications or controlled substances. 

Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. are prosecuting the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated. 

 

Senior U.S. District Judge Irene M. Keeley presided.

CLARKSBURG, WEST VIRGINIA – Dr. Felix Brizuela, Jr., a Pennsylvania physician operating offices in West Virginia, was indicted by a grand jury today on charges of illegally distributing controlled substances, U.S. Attorney Bill Powell announced.

Brizuela, age 59, of Harrison City, Pennsylvania, was indicted on one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice” and six counts of “Aiding and Abetting the Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice.” 

Brizuela is accused of conspiring with three others not charged in this indictment to illegally distribute controlled substances from a drug treatment center, Advance Healthcare, Inc., in Weirton, West Virginia from 2009 to 2016.

Brizuela faces up to 10 years incarceration and a fine of up to $250,000 for each of the charges. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. are prosecuting the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.

 

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

CLARKSBURG, WEST VIRGINIA— Dr. Felix Brizuela, Jr., of Harrison City, Pennsylvania, was sentenced today to 48 months incarceration for illegally distributing opioids, United States Attorney Bill Powell announced.

Following a six-day trial in January 2019, the jury found Brizuela, age 58, guilty of 15 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice.” The jury acquitted Brizuela of anti-kickback counts and six other distribution counts in the indictment.  

The controlled substances illegally distributed by Brizuela included Oxycodone, Fentanyl, and Oxymorphone. They were distributed without legitimate medical purpose and outside the scope of professional practice in Monongalia County, West Virginia between 2013 and 2015.

Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.

Senior U.S. District Judge Irene M. Keeley presided.

 

CLARKSBURG, WEST VIRGINIA— Following a six-day trial, Dr. Felix Brizuela, Jr., of Harrison City, Pennsylvania, was found guilty on January 14, 2018 of 15 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” United States Attorney Bill Powell announced.

After two days of deliberations, the jury found Brizuela, age 57, guilty of 15 of 21 counts of the illegal distribution of controlled substances.  The jury acquitted Brizuela of the anti-kickback counts and six distribution counts in the indictment.  

Brizuela was indicted in January 2018 on 21 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,” and 15 counts of “Illegal Remuneration in Violation of the Federal Anti-Kickback Statute.” 

The controlled substances illegally distributed by Brizuela included Oxycodone, Fentanyl and Oxymorphone. They were distributed without legitimate medical purpose and outside the scope of professional practice in Monongalia County, West Virginia between 2013 and 2015.

“Illegal distribution of opioids by physicians has been and continues to be a high priority for prosecution in this district.  These cases are not easy, and it is only through the dedicated work of our prosecution and law enforcement teams that this case was able to be successfully prosecuted.  Physicians who believe they can hide behind their lab coats or medical licenses, and simultaneously stoke the fires of the opioid epidemic and profit from it are sadly mistaken,” Powell said.

Brizuela faces up to 20 years incarceration and a fine of up to $250,000 for each of the distribution counts.  Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses, prior criminal conduct, if any, and other factors considered by the court.

Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.

These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep.  This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. 

Senior U.S. District Judge Irene M. Keeley presided.

CLARKSBURG, WEST VIRGINIA – Two physicians operating offices in West Virginia, along with a business partner, were indicted by a grand jury today on charges of illegally distributing controlled substances, United States Attorney Bill Powell announced.

Dr. Felix Brizuela, Jr., age 61, of Harrison City, Pennsylvania, was indicted on 21 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,”  one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,”  and 15 counts of “Illegal Remuneration in Violation of the Federal Anti-Kickback Statute .” 

Dr. George P. Naum, age 58, of Wheeling, West Virginia, was indicted on one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,” and 10 counts of “Aiding and Abetting the Distribution of Controlled Substances 

Outside the Bounds of Professional Medical Practice.” 

Eric Drake, age 47, of Weirton, West Virginia, was indicted on one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,” 10 counts of “Aiding and Abetting the Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” one count of “Distribution of a Controlled Substance,” and one count of “Maintaining a Drug-Involved Premises.” 

The three are accused of conspiring with one another to illegally distribute controlled substances from a drug treatment center, Advance Healthcare, Inc., in Weirton, West Virginia from 2008 to 2016.

Brizuela is also accused of distributing oxycodone, oxymorphone, fentanyl and other controlled substances illegally in Monongalia County from 2013 to 2015, and accused of accepting financial kickbacks in exchange for directing urine samples for drug testing to a specific company.

Brizuela faces up to 20 years incarceration and a fine of up to $250,000 for each of the distribution counts, up to 10 years incarceration and a fine of up to $250,000 for the conspiracy charge, and up to five years incarceration and a fine of up to $250,000. Naum faces up to 10 years incarceration and a fine of up to $250,000 for each count. Drake faces up to 10 years incarceration and a fine of up to $250,000 for each of the distribution and conspiracy charges, and up to 20 years incarceration and a fine of up to $500,000 for the maintaining a drug premises charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. are prosecuting the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department are investigating. 

 

These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep.  This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. 

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.