CHARLESTON, W.Va. – Yesterday United States Attorney Mike Stuart recognized the members of the Parkersburg Narcotics Task Force and officers with the Parkersburg Police Department for their outstanding work in partnership with his office.  

“The caliber of law enforcement professionals in the Parkersburg area and throughout West Virginia is impressive,” said United States Attorney Mike Stuart.  “While none of our Guardians of Justice work for the accolades, I’m honored to award their outstanding efforts and give them the recognition they truly deserve.” 

The Parkersburg Narcotics Task Force received the U.S. Attorney’s Award for Drug and Violent Crime Task Force of the Year for their work in the multi-state investigation called Project Parkersburg.   Project Parkersburg resulted in a major takedown, the dismantling of a major meth and heroin drug trafficking organization (DTO) and netted the largest meth bust in West Virginia history.  In addition to the seizure of 150 pounds of meth, law enforcement also seized 217 grams of heroin, 478 grams of fentanyl and six kilos of cocaine during the investigation. Sixteen defendants were charged by federal indictment and all but two of those defendants have been sentenced. In December 2017, law enforcement executed a search warrant at a residence in Parkersburg during which they learned that large amounts of methamphetamine were being shipped to West Virginia from Mexico.  Witness interviews, financial records, and informant information led to the identification of Parkersburg residents Terrance McGuirk, Antoine Terry, and Aurelius Edmonds as individuals with access to the methamphetamine being shipped from the southern border to locations in West Virginia and Ohio. Over several months, agents and task force officers conducted an exhaustive investigation linking the Parkersburg DTO to sources in Arizona.  On September 19, 2018, surveillance led investigators to Dayton, Ohio where Terry and Edmonds met with Arizona residents Todd Land and Troy Pastorino to pick up a large shipment of controlled substances to include more than 150 pounds of methamphetamine that had been offloaded from a truck into a rented storage unit.  Investigators observed Pastorino load the drugs into the trunk of a Dodge Charger.  Police seized the drugs after conducting a traffic stop of Pastorino.  Terry, Edmonds, and Land were arrested at a nearby business, and McGuirk was arrested at his hotel near the Dayton airport.   The Federal Bureau of Investigation (FBI) led the Project Parkersburg operation and in addition to the Parkersburg Narcotics Task Force, the Parkersburg Police Department, the Dayton, Ohio Police Department, the Arizona Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.

Lt. Pat Edelen, Sgt. Josh Snyder and Agent Kyle Barnette with the Parkersburg Police Department were each presented with the U.S. Attorney’s Award for Excellence in Pursuit of Justice for their critical roles in the case of United States v. Benjamin Lee Parsons.  The long-term investigation of Parsons began in 2016 for making threats against police and others and claiming to have interest in terrorist organizations.  In December 2015, he had worn a mask to a church service in Mineral Wells.  Later, Parsons told several witnesses at a church in Parkersburg that he was armed, that he had recently thought about shooting police, that he had been watching violent terrorist videos, and that he had communicated with foreign terrorists and discussed several “soft targets” in Wood County.  Due to the efforts of Wood County Prosecutor Pat Lefebure, Parsons was involuntarily committed to a mental hospital in February 2017.  That adjudication prohibited Parsons from possessing firearms under both state and federal law.  In October 2018, investigators learned that Parsons had acquired additional firearms, including a high-capacity semiautomatic assault rifle.  Investigators further learned that Parsons had obtained the weapon from another individual who told investigators that he had purchased it for Parsons from a licensed firearms dealer in Marietta, Ohio.  Parsons was arrested in October 2018, and soon thereafter, investigators executed a search warrant at a wooded area in Mineral Wells where Parsons had been living.  They recovered the assault rifle as well as another rifle from a locked case Parsons kept at his campsite.  The assault rifle was loaded with approximately 190 rounds of belted ammunition in a drum magazine. Investigators also located and seized 12 magazines for the other rifle loaded with 164 rounds of ammunition, 32 additional unloaded magazines, and approximately 640 rounds of 9mm and other rifle ammunition.  Parsons pled guilty to being a prohibited person in possession of firearms and is currently serving five years in federal prison.  Law enforcement officers with the Wood County Sheriff’s Department, the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were also involved in the investigation of Parsons. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. 

 

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CHICAGO — A federal judge has sentenced a man to 35 years in prison for sex trafficking seven women in the Chicago area, escaping from custody while awaiting trial on those charges, and possessing child pornography.BRIAN JOHNSON, 59, of Evergreen Park, Ill., used multiple aliases to pose as the male owner or female employee of an art gallery and film production company with purported connections to major magazines, overseas distributors, and film producers.  He sought amateurs seeking to start a career in artistic nude modeling and film, enticing his victims with false promises of full-time employment at a lucrative salary, professional connections, and foreign travel.  In preparation for what he told the women would be an “audition,” Johnson provided alcohol and encouraged the women to drink it.  During the “audition,” he took explicit photos and videos of the victims and had sex with them.  Afterward, Johnson claimed that his distributor found the photos and videos unsatisfactory and that the women would need to pose and have sex with him again in a “re-shoot” in order to get paid.  In reality, there was no gallery, film company, or distributor.When victims expressed reluctance to re-shoot the video, Johnson threatened to distribute their images, and did, in fact, distribute their images online. Johnson continued to harass his victims, even years later, by sending them the explicit photos and reminding them of their encounters with him.  None of the victims ever received any money from Johnson.A jury in U.S. District Court in Chicago earlier this year heard testimony from seven of Johnson’s victims before convicting him of sex trafficking and other offenses.  Johnson also pleaded guilty prior to trial to an escape charge for failing to return to a federal jail in Chicago after being granted a three-hour furlough to attend his mother’s visitation.  After briefly attending the visitation, Johnson returned to his home, packed a suitcase, and fled.  Among the possessions he took with him were numerous images of the sex trafficking victims, including images which he knew were child pornography.  After a three-day search, the FBI found and arrested Johnson at a restaurant near Midway Airport in Chicago.U.S. District Judge Rebecca R. Pallmeyer imposed the 35-year prison sentence on Monday in federal court in Chicago.The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Douglas S. DePodesta, Special Agent-in-Charge of the Chicago Field Office of the FBI, Phillip Arnold, Chief of the Shorewood, Ill. Police Department, and Michael Saunders, Chief of the Evergreen Park, Ill. Police Department.  Valuable assistance was provided by the Illinois Secretary of State’s Office and the Cook County Sheriff’s Office.  The government was represented by Assistant U.S. Attorneys Elly Moheb and Maureen M. Merin.If you or someone you know may have been a victim of human trafficking, you are encouraged to contact the National Human Trafficking Hotline by logging on to https://humantraffickinghotline.org or by calling 1-888-373-7888.  The service is available 24 hours a day, seven days a week.

BECKLEY, W.Va. –  A Delaware man was sentenced to 5 years for a federal firearm violation,  announced United States Attorney Michael B. Stuart.  Jeffrey M. Burris, 41, of Wilmington, Delaware, formerly of Nettie, West Virginia, pled guilty in September 2017 to a single count of possessing firearms which were not registered in the National Firearms Registration and Transfer Record.  Stuart commended the investigative work of the West Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

“As I’ve said before, I strongly support the Second Amendment, but those who break our gun laws will pay a heavy price,” said United States Attorney Stuart.

On May 10, 2017, the West Virginia State Police contacted ATF agents to advise that troopers were called to the Burris's residence in Nettie in response to a domestic disturbance call received from Mrs. Burris. Mrs. Burris advised 911 operators that Burris was taking and concealing evidence in the woods behind their residence. Upon arrival at the residence, officers indicated they could hear an all-terrain vehicle (ATV) in the woods behind the residence. Mrs. Burris met officers in the driveway and advised that Burris was hiding evidence in the woods, and Burris had a firearm in his possession.

Officers proceeded to the woods in an attempt to locate Burris. Unsuccessful in locating Burris, officers returned to the residence and spoke with Mayra Burris, who advised that after Burris learned officers were at the residence earlier in the day regarding an ATF tip alleging he possessed illegal firearm silencers, Burris became angry. Burris loaded items onto his ATV and took them into the woods to hide.

While speaking with Mrs. Burris, officers heard and observed an ATV coming from the woods.  The ATV was driven by Burris. Officers made contact with Burris and observed he was armed with two pistols and an AR-style rifle. Officers secured Burris, secured the weapons for officer safety, and placed Burris into custody.

On May 11, 2017, ATF agents and WVSP troopers returned to the Burris residence. The agents searched over 30 acres of property owned by Burris. During a search of the residence, officers seized several thousand rounds of ammunition from an upstairs attic area, along with additional marijuana paraphernalia found near a gun safe. In the wooded area surrounding the residence where Burris had initially fled to prior to his arrest the previous evening, officers discovered a black cylindrical container and a blue five-gallon bucket with a lid. Inside the bucket, officers found four homemade silencers with mounting hardware/adapters. Inside the cylindrical container, officers discovered a Cobray/Street Sweeper, 12-gauge semi-automatic shotgun; an RPB Industries, Model M-10, 9-millimeter pistol with a partially obliterated serial number; a German MP40, 9-milliter machinegun, three firearm trigger assemblies and marijuana paraphernalia.

Fourteen of the approximately 70 firearms seized from the Burris property were required to be registered with the National Firearms Registration and Transfer Record. None of the 14 were.

C. Haley Bunn  and R. Gregory McVey handled the prosecution.  United States District Court Judge Irene C. Berger handed down the sentence. 

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 make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

 

BILLINGS  — The U.S. Attorney’s Office held a United Against Hate meeting Wednesday evening in Pablo, on the Flathead Indian Reservation, with members of the Confederated Salish and Kootenai Tribes community and federal, tribal and local law enforcement, U.S. Attorney Jesse Laslovich said.

 United Against Hate is an initiative launched by the U.S. Department of Justice focused on improving the prevention of hate crimes and hate incidents by building relationships at the local level. Through this initiative, the Justice Department seeks to create and strengthen partnerships among law enforcement, community leaders and residents.

“Hate crimes and incidents create fear, divide our communities, and tragically, can turn violent. Through our United Against Hate initiative, the U.S. Justice Department is committed to fighting hate crimes and preventing violence by bringing people together to discuss how we can combat this behavior. Last month, the FBI released its statistics for 2022, which showed that less than 2 percent of all reported hate crimes were committed against an American Indian or Alaska Native, and that none of those was reported to have occurred in Montana—a first since 2015. We know that statistics tell only part of the story, and we know more hate crimes against American Indian or Alaska Natives are occurring and are going unreported or are underreported. Our hope is that by having meetings like this, we can stress the importance of identifying hate incidents and crimes and reporting them to law enforcement. If we can prove a person violently acted out due to their racist beliefs, we will seek to hold such conduct accountable by aggressively pursuing a hate crime prosecution. I thank our close partner, the Confederated Salish and Kootenai Tribes, for joining us in this important work,” U.S. Attorney Laslovich said.

“The Confederated Salish and Kootenai Tribes appreciate the United Against Hate initiative led in Montana by U.S. Attorney Jesse Laslovich. We know that many of these types of crimes against Indigenous peoples are underreported or go unreported altogether. With this type of community outreach, we want our community to feel empowered when they are faced with hate crimes, and that people have the tools and knowledge to engage with law enforcement to help stop these destructive instances,” CSKT Chairman Tom McDonald said.

The meeting with CSKT is one in a series of meetings the U.S. Attorney’s Office is holding throughout Montana and provided an opportunity for the tribal community to have a better understanding of hate crimes and hate incidents, how to report them to law enforcement and to learn about available resources. Approximately 30 persons attended the meeting, which was held at the Tribal Council Chambers in Pablo. Additional Justice Department information and resources about hate crimes are available at https://www.justice.gov/hatecrimes.

Speakers at the event included U.S. Attorney Laslovich and Assistant U.S. Attorney Ryan G. Weldon, from the Missoula Division Office. In addition, the event featured a Hate Crimes Panel Discussion and question and comment session that included U.S. Attorney Laslovich, FBI Special Agent Charles Sampson and CSKT Police Chief Craige Couture. CSKT Chairman Tom McDonald and CSKT Councilwoman Jennifer Finley provided welcoming and concluding remarks.

The District of Montana will be holding additional United Against Hate events in coming months in communities across the state.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding Oak Hill Hometown Pharmacy today:

Prescribing controlled drugs is a privilege and not a right.  Every pharmacy that fills prescriptions of scheduled narcotics has a corresponding responsibility to assure that those prescriptions do not include unresolvable red flags and are for a legitimate medical purpose.  It is the proper role of law enforcement and the Drug Enforcement Administration to ensure public safety with respect to the dispensing of controlled substances by pharmacists and providers.  We take this responsibility seriously.

Today, an Order to Show Cause and Immediate Suspension of Registration was issued to Oak Hill Hometown Pharmacy located in Oak Hill, West Virginia.  Pursuant to Sections 303 and 304 of the Controlled Substances Act, Title 21, United States Code, Sections 823 and 824, Oak Hill Hometown Pharmacy has had its Drug Enforcement Administration Certificate of Registration suspended because it constitutes an “imminent danger to the public health or safety.”  Oak Hill Hometown Pharmacy is registered with the DEA to handle substances in Schedules II through V at its 819 Main Street East, Oak Hill, WV location.  Martin Njoku is the owner and pharmacist in charge.  The suspension was based on improper dispensing from at least December 2016 to March 2019, filling approximately 2,000 prescriptions for a widely-abused Schedule III narcotic, Subutex, in the face of obvious red flags of drug abuse and diversion.  Over half the prescriptions came from an out-of-state clinic located almost 200 miles away from Oak Hill.  The Pharmacy’s customers drove long distances – in some cases more than 600 miles – to obtain and fill their prescriptions and many of them paid in cash.  The prescriptions were for Subutex;  The prescriptions were issued by out-of-state physicians; Approximately 96% of the prescriptions were paid for in cash; Multiple patients frequently presented prescriptions that had been written on the same day;  and the patients travelled long distances for even partial refills. The Pharmacy continued to fill prescriptions for Subutex in the face of obvious red flags of abuse and diversion through at least March 2019.   The DEA executed an administrative inspection warrant on November 28, 2018 and, following the inspection, the Pharmacy curtailed filling out-of-state Subutex prescriptions.  However, since that time the Pharmacy’s pharmacists have resumed filling prescriptions with the same unresolvable red flags.  The suspension of Oak Hill Hometown Pharmacy’s Registration will continue until a final determination is reached.  This is a suspension and net yet a revocation, but none the less, during the period of the suspension, Oak Hill Hometown Pharmacy may not fill any prescriptions for Schedule II through Schedule V narcotics.   

Oak Hill Hometown Pharmacy will have an opportunity to show cause before the DEA at a location to be determined on October 15, 2019, as to why its Registration should not be revoked.  Within 30 days after the date the Pharmacy received its Order to Show Cause and Immediate Suspension of Registration, the Pharmacy may file a written request for a hearing or file a waiver of hearing with a written statement regarding its perspective on the matters of fact and law involved in the Order.  If the pharmacy fails to request a hearing or fails to file a waiver, the Pharmacy shall be deemed to have waived its right to a hearing and a final order may be issued.

 

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NASHVILLE – James Hines, 47, one of eighteen members and associates of the Clarksville chapter of the Mongols Motorcycle Club who were federally prosecuted for RICO conspiracy, murder, kidnapping, large-scale drug trafficking, money laundering, and other crimes, was sentenced to 10 years and 10 months in federal prison today, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee. All of the defendants’ crimes stemmed from their involvement with the Clarksville Mongols. Hines was the last remaining defendant to be sentenced.

“Today’s sentence concludes a multi-year, coordinated effort by federal, state, and local law enforcement, our office, and the Justice Department’s Criminal Division to address some of the worst organized criminal activity we have seen in Middle Tennessee,” said Henry C. Leventis, United States Attorney for the Middle District of Tennessee. “As a result of that outstanding work, our communities are safer and multiple violent criminals are being held to account for their actions. I am grateful for the efforts of everyone involved in this remarkable investigation and prosecution.”  

According to court documents and evidence presented at trial, the Clarksville Mongols were a violent motorcycle gang affiliated with the Mongols Motorcycle Club, an international organization that identifies as an "outlaw" motorcycle gang, meaning its members define themselves as within the "1%" of motorcycle clubs who do not adhere to the law or the rights of others. Sayings like, "Respect Few, Fear None" and "Live Mongol Die Mongol" represent their cut-throat attitude and they identify themselves with vests, patches, tattoos, and insignia identifying their connection to the Mongols.

In early 2015, some of the defendants sought to transition from another motorcycle club and establish the Clarksville Mongols because, at the time, the Mongols did not occupy or claim any territory in Tennessee. As a show of loyalty and to gain favor with the Mongols, those individuals committed a drive-by shooting and burned down the Sin City Motorcycle Club's clubhouses in Clarksville and Nashville, Tennessee. These initial violent acts were designed to curry favor with the Mongols and paved the way for the Clarksville Mongols to obtain a firm foothold in Tennessee.

One of the earliest and most violent acts committed by the Clarksville Mongols occurred on May 22, 2015, with the kidnapping and murder of Victim 1, a young mother. The Clarksville Mongols believed Victim 1 had stolen narcotics, money, and firearms, had knowledge about the theft of such items, and had been speaking negatively to others about the Clarksville Mongols. On the day of her murder, the Clarksville Mongols kidnapped Victim 1 at gunpoint then drove her to an area behind a secluded cemetery where they shot her numerous times and killed her. Victim 1’s body was recovered almost 15 months after she was murdered.

These acts marked the beginning of the Clarksville Mongols -- an enterprise that engaged in a pattern of racketeering activity from 2015 through 2018. During that time, in order to enrich the Mongols and to maintain control of the Mongols' new territory in Tennessee, the Clarksville Mongols engaged in a pattern of violent criminal activity, including murder, attempted murder, kidnapping, assaults, narcotics trafficking, robbery, extortion, money laundering, witness tampering, and various firearms offenses. In an effort to establish themselves as the area’s dominant motorcycle club, members and associates of the Clarksville Mongols also participated in large-scale drug-trafficking and money-laundering activities with the help of Mongols members from California who supplied the Clarksville Mongols with more than 50 pounds of almost 100% pure methamphetamine worth approximately $1 million for distribution in and around Tennessee and Kentucky.

The Clarksville Mongols' violent conduct culminated in the kidnapping and murder of Victim 2, a former Clarksville Mongol. During the early morning hours of November 19, 2017, they kidnapped Victim 2 and took him to another member's house where they held Victim 2 hostage, used zip ties to restrain him, and viciously beat, tortured, and interrogated him for hours, causing him to suffer 3 fractured vertebrae in his neck, five fractured ribs, blunt force trauma to his head, and a broken eye socket. One member told another that they beat Victim 2 so bad that his flesh was falling off his face. They ultimately murdered Victim 2 by driving a 10-inch tent stake through his head. They buried Victim 2's body in a secluded field behind an abandoned residence. Victim 2's body was recovered almost a year later.

The sentences are as follows:

James Wesley Frazier, age 36, was sentenced to Life plus 30 years in federal prison;

Aelix Santiago, age 35, was sentenced to 40 years in federal prison;

Kyle Heade, age 37, was sentenced to 9 years in federal prison;

Joel Aldridge, age 43, was sentenced to 25 years in federal prison;

James Hines, age 47, was sentenced to 10 years and 10 months in federal prison;

Michael Forrester, Jr., age 35, was sentenced to 17 ½ years in federal prison;

Jamie Hern, age 44, was sentenced to 30 years in federal prison;

Robert Humiston, age 31, was sentenced to 8 years and 4 months in federal prison;

Michael Myers, age 40, was sentenced to 7 years in federal prison;               

Michael Levi West, age 41, was sentenced to 9 years in federal prison;

Adrianna Miles, age 28, was sentenced to 7 years in federal prison;

Derek Leighton Stanley, age 49, was sentenced to 18 ½ years in federal prison;

William Boylston, age 33, was sentenced to Life plus 7 years in federal prison;

Jason Meyerholz, age 49, was sentenced to Life plus 7 years in federal prison;

Christopher Michael Wilson, age 41, was sentenced to 15 years in federal prison;

Jessie Marie Decker, age 38, was sentenced to time served;

Janie Lee, age 28, was sentenced to 6 years and 8 months in federal prison; and

Christian Dykes, age 35, was sentenced to time served.

The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Clarksville Police Department, the Tennessee Bureau of Investigation, and the Kentucky State Police investigated the case.

Assistant U.S. Attorneys Kathryn Risinger and Chris Suedekum for the Middle District of Tennessee and Trial Attorney Matthew Mattis with the Justice Department’s Violent Crime and Racketeering Section prosecuted the case.

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HUNTINGTON, W.Va. – After three days of trial, a federal jury convicted Abdul Inusah, 31, of Ghana, for his role in a Huntington-based scheme that defrauded individuals in multiple states through the use of false online personas.

Evidence at trial revealed that Inusah was part of a conspiracy that targeted victims using false personas via email, text messaging, and online dating and social media websites. From at least January 2018 through at least December 2019, the scheme sought to induce victims into believing they were in a romantic relationship, friendship, or business relationship with the various false personas. The victims were persuaded to send money for a variety of false and fraudulent reasons for the benefit of the false personas.

One false persona, “Miarama,” was used to induce an Alabama resident into providing $106,000 via wire transfers and cashier’s checks. The amount included $48,000 to pay overdue taxes on a nonexistent gold inheritance in Ghana and $21,000 wired to Bitsav Supply LLC, a shell company set up by Inusah. Another false persona, “Grace,” persuaded a Washington resident to wire funds so “Grace” could maintain her South African cocoa plantation and move to the United States to marry the victim. Other victims of the false personas included residents of Ohio and Florida.

The jury found Inusah guilty of receipt of stolen money, conspiracy to commit money laundering, and two counts of wire fraud. The wire fraud counts involve a pair of $2,000 Zelle wire transfers to Inusah from the money obtained using the “Miarama” false persona in January 2019.

“It is truly heartbreaking how this conspiracy exploited individuals who were particularly vulnerable, such as following the death of a longtime spouse,” said United States Attorney Will Thompson. “Some of the victims did not recognize themselves as victims, and continued to believe these false personas were real and that they were in actual relationships. I commend the investigative work of the United States Secret Service, the United States Postal Inspection Service, the Federal Deposit Insurance Corporation-Office of Inspector General (FDIC-OIG), the West Virginia State Police and the South Charleston Police Department. I also commend Assistant United States Attorneys Kathleen Robeson and R. Gregory McVey and our trial team for trying this complex fraud case before the jury.”

United States District Judge Robert C. Chambers presided over the jury trial. Inusah is scheduled to be sentenced on November 21, 2022, and faces a maximum penalty of 50 years in prison.

The public is encouraged to report potential online fraud activity or scams at https://www.ic3.gov/.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-70.

 

 

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CHARLESTON, W.Va. – Five physicians pleaded guilty in connection with prescription practices at HOPE Clinic, a purported pain management clinic that operated in Beckley, Beaver and Charleston, West Virginia, and Wytheville, Virginia.

Four of the physicians each pleaded guilty to a felony count of aiding and abetting obtaining a controlled substance by fraud: William Earley, D.O, 66, of North Myrtle Beach, South Carolina; Brian Gullett, D.O., 45, of Clarksville, Pennsylvania; Roswell Tempest Lowry, M.D., 88, of Efland, North Carolina; and Vernon Stanley, M.D., 79, of Fayetteville, West Virginia.

Mark Clarkson, D.O., 64, of Princeton, West Virginia, pleaded guilty to five misdemeanor counts of aiding and abetting the misbranding of a drug involved in interstate commerce.

According to court documents and statements made in court, from November 2010 until June 11, 2015, practitioners associated with HOPE (Hitech Opioid Pharmachovigilance Expertise) Clinic prescribed thousands of oxycodone- and morphine-based pills to individual customers. In some cases, these prescriptions provided an average of four to seven pills per day. Several HOPE Clinic locations averaged 65 or more customers a day during a 10-hour workday with only one practitioner working.

Gullett, Early and Stanley each signed multiple oxycodone prescriptions for a HOPE Clinic customer at the Charleston location for both 30 milligram and 15 milligram pills. The prescriptions were issued between March 13, 2013, and November 18, 2013, for a total of 390 pills. Gullett, Early and Stanley admitted that the customer’s medical chart did not support these prescriptions and that the prescriptions were not for a legitimate medical purpose in the usual course of professional medical practice.

Lowry signed prescriptions for a HOPE Clinic customer in Charleston for 180 oxycodone pills at 20 milligram and 15 milligram doses on August 12, 2014. Lowry admitted that he intentionally did not read the customer’s chart to determine if those prescriptions were for a legitimate medical purpose. Lowry instead issued the same prescriptions as previous physicians had for the customer.

Gullett, Earley, Lowry and Stanley each admitted that these customers had multiple failed or abnormal drug screenings, reported being addicted to pain medication, bought pills on the street, and sold pills from their HOPE Clinic prescriptions to others. Gullett, Earley, Lowry and Stanley further admitted that they did not discuss the possibility of addiction or the need for addiction treatment with these customers.

Clarkson admitted to helping HOPE Clinic issue prescriptions after major retailers had stopped filling them and smaller pharmacies could not meet the supply and demand of Hope Clinic customers. Some local pharmacies were enlisted by Patients, Physicians and Pharmacists Fighting Diversion (PPPFD), which managed HOPE Clinic’s daily operations, to compound oxycodone and other Schedule II controlled substances for HOPE Clinic customers. Because of restrictions on compounding a commercially available drug, HOPE Clinic physicians were instructed to write prescriptions for compound oxycodone in milligram doses that were not commercially available.

Clarkson wrote compound oxycodone prescriptions for five different HOPE Clinic customers at the Virginia location between October 2014 and December 2014. All five prescriptions were filled at Adkins Pharmacy in Gilbert, West Virginia, for a total of 635 pills at 32 milligram or 16 milligram doses. Clarkson admitted that none of the five customers had a legitimate medical need for prescriptions at 32 milligram or 16 milligram doses, as there was no therapeutic difference between those doses and commercially available doses.

Adkins Pharmacy agreed to pay $88,085.73 in civil monetary penalties in 2020. The settlement agreement resolved allegations that Adkins Pharmacy violated the Controlled Substances Act by filling illegitimate compound opioid prescriptions issued by physicians affiliated with HOPE Clinic. Adkins Pharmacy also entered into a three-year compliance agreement with the Drug Enforcement Administration (DEA) that imposes heightened reporting and oversight requirements and sanctions for non-compliance.

Gullett, Earley, Lowry, Stanley and Clarkson are scheduled to be sentenced on December 22, 2022. Gullett, Earley, Lowry and Stanley each face a maximum penalty of four years in prison, one year of supervised release, and a $250,000 fine. Gullett, Earley, Lowry and Stanley have also agreed to surrender their Drug Enforcement Administration (DEA) certificates of registration and to not oppose revocation of their registration to dispense controlled substances. Lowry and Stanley have further agreed not to apply for re-registration, while Gullett and Early have agreed not to apply for re-registration to dispense Schedule II controlled substances. Clarkson faces a maximum penalty of five years in prison, one year of supervised release, and a $500,000 fine.

Gullett, Earley, Lowry, Stanley and Clarkson were initially indicted in 2018 along with the owners, managers and other physicians associated with HOPE Clinic and PPPFD. The remaining defendants are awaiting trial. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

“These pleas show our office’s continuing effort to protect lives and prevent future overdoses through all means possible,” said United States Attorney Will Thompson. “A lot of effort has gone into this case.”

Thompson commended the investigative work of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the Internal Revenue Service-Criminal Investigations (IRS-CI), the Food and Drug Administration-Office of Criminal Investigations (FDA-OCI), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the West Virginia State Police, the Metropolitan Drug Enforcement Network Team (MDENT), the Beckley Police Department, the Kentucky State Police, the Harrison County, Kentucky, Sheriff’s Department, and the Appalachia High Intensity Drug Trafficking Area Task Force (AHIDTA).

United States District Judge Frank W. Volk presided over the hearings. Assistant United States Attorneys Monica Coleman, Steve Loew and Owen Reynolds are prosecuting the case.

This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 5:18-cr-26, 2:22-cr-167, 2:22-cr-168, 2:22-cr-169, 2:22-cr-170 and 2:22-cr-176.

 

 

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MACON, Ga. – The former office manager of a Middle Georgia chiropractic office was sentenced to serve more than five years in prison after a federal jury found her guilty of committing bank fraud and other federal crimes in an embezzlement scheme that cost an established spinal center more than $200,000 in losses and resulted in its closure.Emiliya Radford, 33, of Warner Robins, Georgia, was sentenced to serve 66 months in prison to be followed by three years of supervised release by U.S. District Judge Marc Treadwell on Oct. 9. In addition, Radford will pay $298,042.72 in restitution to Dr. James C. Smith on behalf of Smith Spinal Care Center. Radford was found guilty of one count each of bank fraud, wire fraud and federal program theft following approximately one hour of deliberations by a federal jury on June 27. There is no parole in the federal system.“Financial crime can be life-changing for its victims; here, it forced a business’s closure and burdened innocent people with debt and other troubles,” said U.S. Attorney Peter D. Leary. “FBI and our other federal, state and local law enforcement partners will work to protect small businesses from financial crimes and hold fraudsters accountable.”“Radford violated the trust of the company that hired her and elevated her to a position of leadership,” said Robert Gibbs, Senior Supervisory Senior Resident Agent of FBI Atlanta's Macon office. “Because of her selfishness and greed, she has not only thrown away her career, but crippled a business and took away jobs from numerous victims. She will now serve a well-deserved prison sentence.”According to court documents and evidence submitted at trial, Radford’s company, Cyber Pinecone, was hired in Sept. 2019 under a one-year contract to perform marketing work for Smith Spinal Care Center (SSCC) in Warner Robins. In May 2020, Radford was hired as Office Manager at the business, and her new salary included marketing work. Radford was given signatory authority over the SSCC bank account and was responsible for issuing and signing all biweekly payroll checks, including her own.Radford collected her salary as office manager and, without authorization of SSCC, continued to write and endorse checks to her business, Cyber Pinecone, for extensive marketing work totaling more than $200,000. In addition, she gave herself an unauthorized pay raise and used money from the SSCC bank account to purchase $11,015.67 worth of items from the Apple store that she shipped to her residence. When Radford quit on Dec. 19, 2022, none of the Apple items could be located at SSCC, but some were found inside her home when federal agents executed a search warrant on May 4, 2023. A portion of the embezzled funds came from COVID-19 Federal Economic Disaster Loans (EIDL) directed to aid the business.The case was investigated by FBI.Assistant U.S. Attorney Elizabeth Howard prosecuted the case for the Government.

CHARLESTON, W.Va. – Two Boone County women were sentenced today for federal drug crimes, announced United States Attorney Mike Stuart.  Megan Rose Mitchell, age 38, was sentenced to 34 months in prison for conspiracy to distribute methamphetamine and distribution of methamphetamine.   Mitchell’s sister-in-law, Marlena Sperry, was sentenced to 12 months and one day in prison for conspiracy to distribute methamphetamine and aiding and abetting the distribution of methamphetamine.

“Sisters-in-law and partners in crime,” said United States Attorney Mike Stuart.  “Boone County needs new businesses and entrepreneurs, but none like this sister act. Meth is more powerful today than ever before and we’re working overtime to lock up meth dealers whether they are sisters-in-law or sisters in fact.”

Between July of 2016 until August of 2017, Mitchell sold methamphetamine to customers in Boone County, West Virginia. Mitchell and co-defendant, Marlena Sperry, would travel together, usually to Charleston, to meet their source of supply, Avante Jones. Jones sold them various amounts of methamphetamine for resale. Mitchell and Sperry would then return to Boone County and sell what they had purchased from Jones.  On occasion, when a customer would arrange a purchase from Mitchell, Sperry would actually distribute the methamphetamine. On other occasions, an uncharged third party actually distributed the methamphetamine for Mitchell.

Mitchell and Sperry also brought other customers to Jones.  In exchange for bringing customers, Jones sold the pair methamphetamine at a reduced rate. Mitchell and Sperry communicated with Jones primarily through Facebook Messenger. Investigating agents obtained Facebook Messenger posts of Mitchell, Sperry and Jones.  Those posts discuss meetings to conduct drug transactions with themselves as well as for others.

Agents with the Drug Enforcement Administration, the U.S. 119 Drug and Violent Crime Task Force, and the Boone County Sheriff’s Department investigated the case.   Assistant United States Attorney R. Gregory McVey handled the prosecution. The hearings were held before United States District Court Judge Joseph R. Goodwin.

 

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HELENA — A Utah man accused of embezzling more than $700,000 from a Montana company admitted to charges today, U.S. Attorney Jesse Laslovich said.

Thomas Lynn Syddall, 50, of American Fork, Utah, who worked for a company owned by Anderson ZurMuehlen & Co., pleaded guilty to wire fraud and to money laundering-concealment as charged in an indictment. Syddall faces a maximum of 20 years in prison, a $500,000 fine or twice the value of the property involved in the transaction and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. The court set sentencing for March 20, 2024. Syddall was released pending further proceedings.

In court documents, the government alleged that Syddall worked as a salesman for Information Technology Corporation, which was owned by Anderson ZurMuehlen & Co. From about March 2020 to about August 2021 in Helena, Syddall embezzled money through multiple means, including creating bogus purchase orders and invoices, stealing inventory and directing payments to fictitious companies and unauthorized vendors. Syddall then sold the inventory, none of which was authorized, on eBay and KSL Classifieds. When questioned by other employees about the discrepancies in orders and payments, Syddall sent lulling emails attempting to cover up and prolong the fraud. In addition, Syddall concealed financial transactions by laundering proceeds from the wire fraud into third-party accounts. Syddall  then directed the transfer of the money into accounts over which he had control. The government alleged the investigation has identified approximately $759,100 in restitution.

Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case. The FBI and IRS Criminal Investigation conducted the investigation.

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HUNTINGTON, W.Va. – Abdul Inusah, 32, of Ghana, was sentenced today to two years in prison, to be followed by three years of supervised release, for his role in a Huntington-based scheme that defrauded individuals in multiple states through the use of false online personas. Inusah was also ordered to pay $128,000 in restitution.

After three days of trial, a federal jury found that Inusah was part of a conspiracy that targeted victims using false personas via email, text messaging, online dating websites and social media platforms. From at least January 2018 through at least December 2019, the scheme participants sought to induce victims into believing they were in a romantic relationship, friendship, or business relationship with the various false personas. The victims were persuaded to send money for a variety of false and fraudulent reasons for the benefit of the false personas.

One false persona, “Miarama,” was used to induce an Alabama resident into providing $106,000 via wire transfers and cashier’s checks. The amount included $48,000 to pay overdue taxes on a nonexistent gold inheritance in Ghana and $21,000 wired to Bitsav Supply LLC, a shell company set up by Inusah. Another false persona, “Grace,” persuaded a Washington resident to wire funds so “Grace” could maintain her South African cocoa plantation and move to the United States to marry the victim. Other victims of the false personas included residents of Ohio and Florida.

The federal jury found Inusah guilty of receipt of stolen money, conspiracy to commit money laundering, and two counts of wire fraud on August 12, 2022.

“Perhaps more than others involved, Abdul Inusah understood the scope of the criminal conspiracy and that it was exploiting innocent and often vulnerable victims,” said United States Attorney Will Thompson. “The defendant even recruited others to help commit this fraud, while taking steps to conceal his own involvement.”

U.S. Attorney Thompson made the announcement and commended the investigative work of the United States Secret Service, the United States Postal Inspection Service, the Federal Deposit Insurance Corporation-Office of Inspector General (FDIC-OIG), the West Virginia State Police and the South Charleston Police Department.

“I also commend Assistant United States Attorney Kathleen Robeson and former Assistant United States Attorney R. Gregory McVey and the trial team for prosecuting the case and securing the guilty verdicts,” Thompson said.

United States District Judge Robert C. Chambers imposed the sentence.

The public is encouraged to report potential online fraud activity or scams at https://www.ic3.gov.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10 a.m. to 6 p.m. Eastern Time, Monday-Friday. English, Spanish, and other languages are available.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-70.

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