PRESS RELEASES - JANUARY 2008
January 02, 2008 - DEFFEBAUGH, Benjamin
January 03, 2008 - BIGHEAD, Raymond James Demoine
January 10, 2008 - PALMER, Kelly A.
January 14, 2008 - COLE, Rodney
January 17, 2008 - FEDERAL GRAND JURY INDICTMENTS
WORLEY, Cyndy K.
RUSSELL, Jimmy Dale
a/k/a MEADOWS, James
LAMBERT, Julie Marie
ANTWINE, Marion Ladon
EASTEP, Jimmy Allen, Jr.
January 17, 2008 - OSBORNE, Manuelito Ramon
January 17, 2008 - WHITE, Larry Lamar
THOMPSON, Andron Dyshaun
a/k/a POSEY, Andron Dyshaun
January 17, 2008 - MCMAHAN, Jeff
MCMAHAN, Lori
January 17, 2008 - LONG, Christopher Dale
January 24, 2008 - BURGE, Bobby Junior
BURGE, Alice Marie
January 24, 2008 - SHOCKEY, Phillip Daren
FALDON, Rickey Dewayne
JONES, Elizabeth Ann
LOOPER, Ashley Nicholle
WALSTON, Philip Eugene
January 24, 2008 - MORRIS, Mary Jo
January 28, 2008 - BERTRAM, Eric Nelson
January 28, 2008 - HAND, Lisa Marlene
January 28, 2008 - LUNA-KENNEDY, Juan
January 28, 2008 - MARTIATO, Arnaldo
January 30, 2008 - HELTON, Corey
January 31, 2008 - POWDRILL, Shamarcus
January 31, 2008 - SENNETT, Joel
January 31, 2008 - SPENCER, Linda Ruth
January 31, 2008 - WATKINS, Elvin Clifford
FOR RELEASE: January 02, 2008
SUBJECT: DEFFEBAUGH, Benjamin
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BENJAMIN DEFFEBAUGH, age 30, of Summit, Oklahoma, pled guilty to possession with intent to distribute and distribution of cocaine base a/k/a “crack” cocaine, a Schedule II Controlled Substance, in violation of Title 21 U.S.C. Section 841(a)(1) and (b)(1)(C).
“Charges arose from a huge task force investigation coordinated by our office under the Drug Enforcement Administration umbrella,” reported U.S. Attorney Sperling. “This particular case was the product of work by the Oklahoma Bureau of Narcotics. An OBN undercover agent facilitated this important case.”
“On May17, 2007, DEFFEBAUGH had in his possession and intended to distribute crack cocaine. On December 18, 2007, a felony information was filed charging DEFFEBAUGH with possessing and distributing cocaine base.”
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service, pending the pronouncement of sentence.”
“The statutory range of punishment is up to 20 years imprisonment and/or up to $1,000,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation suggested an advisory range of 121-151 months.”
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 District Attorney Tom Giulioli and District 15 District Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the lead federal prosecutor for this task force.”
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FOR RELEASE: January 03, 2008
SUBJECT: BIGHEAD, Raymond James Demoine
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that RAYMOND JAMES DEMOINE BIGHEAD, age 22, of Seminole County, Oklahoma, pled guilty to Theft of Government Property, in violation of Title 18, United States Code, Section 641.
“Charges arose from an investigation by the Bureau of Indian Affairs. In March 2007, the defendant stole property for his own use from the Okmulgee Agency Fire Suppression Crew,” stated U.S. Attorney Sheldon J. Sperling. “The defendant was indicted by a federal grand jury in June 2007.”
“A 2001 Chevrolet Van, a single-axle trailer, and miscellaneous firefighting equipment belonging to the Department of Interior, Bureau of Indian Affairs, valued at $25,468.44, was taken by BIGHEAD,” continued U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service, pending sentencing.”
“The statutory range of punishment is up to ten years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Ryan M. Roberts represented the government at Thursday’s hearing.”
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FOR RELEASE: January 10, 2008
SUBJECT: PALMER, Kelly A.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that KELLY A. PALMER, a resident of Haskell County, Oklahoma, entered into a Settlement Agreement granting a judgment to the United States in the amount of $30,000. “The damage payment is the result of damages Mr. Palmer caused to the Sequoyah National Wildlife Refuge,” reported U.S. Attorney Sperling. “The refuge is located within the boundaries of the Robert S. Kerr Lock and Dam and Reservoir Project.”
“On February 26, 2006, Palmer trespassed upon the Sequoyah National Wildlife Refuge with a bulldozer. He bulldozed a road across portions of the Refuge, for his personal use and benefit,” recalled U.S. Attorney Sperling. “His actions resulted in the destruction of numerous mature and young trees, plants and preserved hardwood bottom habitat within the Refuge and other damages.”
“We are grateful for the underlying investigation, conducted by agents of the United States Fish & Wildlife Service,” noted U.S. Attorney Sperling. “National refuge property belongs to the United States in trust for all citizens. Federal land is not a personal fiefdom which non-owners may destroy at will.”
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FOR RELEASE: January 14, 2008
SUBJECT: COLE, Rodney
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RODNEY COLE, age 29, of Muskogee, Oklahoma, pled guilty to one count of Possession with Intent to Distribute and Distribution of Methamphetamine, a Schedule II Controlled Substance, in violation Title 21 United States Code, Sections 841(a)(1) & (b)(1)(C).
“Charges arose from an investigation by the Drug Enforcement Administration (DEA) and Muskogee Police Department. In July, 2007, COLE was indicted for possessing with intent to distribute methamphetamine,” stated U.S. Attorney Sheldon J. Sperling.
“On August 19, 2004, DEA and Muskogee Police Department agents made undercover purchases of methamphetamine from COLE,” continued U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant was remanded to the custody of the United States Marshal pending sentencing.”
“A preliminary advisory federal sentencing guideline review projects COLE could face up to 108 months imprisonment.”
“The statutory range of punishment is up to 20 years imprisonment and/or up to $1,000,000.00 in fines,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: January 17, 2008
SUBJECT: JANUARY 2008 FEDERAL GRAND JURY INDICTMENTS: ANTWINE, Marion Ladon; EASTEP, Jimmy Allen, Jr.; LAMBERT, Julie Marie; RUSSELL, Jimmy Dale; a/k/a MEADOWS, James; and WORLEY, Cyndy K.
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the January 2008 Federal Grand Jury.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
CYNDY K. WORLEY, age 52, of Gore, Oklahoma. One Count of Social Security Fraud and five counts of Theft of Government Funds.
Charges arose from an investigation by Social Security Administration, Office of Inspector General. From October 2003 to August 2007, WORLEY, allegedly, having made application to receive payments as representative payee for the use and benefit of her mother, and having received such SSA payments, converted the payments for her own use rather than for the use and benefit of her mother. WORLEY allegedly intentionally concealed the death of her mother in order to continue to receive and spend SSA payments, fraudulently obtaining approximately $44,717.00 in SSA payments.
The charges are in violation of Title 42, United States Code, Section 408(a)(5) and Title 18, United States Code, Section 641. (Social Security Fraud -- up to five years imprisonment and/or $250,000 fine and Theft of Government Property -- up to ten years imprisonment and/or $250,000 fine)
Assistant United States Attorney Paul G. Hess
JIMMY DALE RUSSELL a/k/a JAMES MEADOWS, age 52, of Tahlequah, Oklahoma. Felon in Possession of Firearm and Ammunition and Possession of Unregistered Firearm.
Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. On or about the 8th day of May 2007, RUSSELL, after having been convicted of a crime punishable by imprisonment for a term in excess of one (1) year, allegedly possessed an unregistered firearm, an Ithaca Gun Company, Model 66, .410 gauge lever action single shot shotgun and Winchester brand, .410 gauge ammunition, which had been shipped and transported in interstate commerce.
The charges are in violation of Title 18, United States Code, Section 922(g)(1). (Felon in Possession of Firearm and Ammunition – up to ten years imprisonment and/or a $250,000 fine; and Possession of Unregistered Firearm -- up to ten years imprisonment and/or a $10,000 fine)
Assistant United States Attorney Christopher J. Wilson
JULIE MARIE LAMBERT, age 29, of Atoka, Oklahoma. Embezzlement by Tribal Employee.
Charges arose from an investigation by the Federal Bureau of Investigation. On August 9, 2007, LAMBERT, an employee of an Indian tribal organization, that is: a payout clerk of the Choctaw Nation Casino located in Stringtown, Oklahoma, allegedly embezzled $4,600.00 of the moneys, funds, and credits belonging to the Choctaw Nation that had been entrusted to the custody or care of an employee of the Choctaw Nation,
The charges are in violation of Title 18, United States Code, Section 1163. (Up to 5 years imprisonment and/or up to $250,000 fine)
First Assistant United States Attorney Douglas A. Horn
MARION LADON ANTWINE, age 28, of Muskogee, Oklahoma. Felon in Possession of Firearm and Ammunition.
Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. On the 7th day of September, 2007, ANTWINE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, allegedly possessed a firearm, a Hi-Point model JC .40 caliber handgun, and ammunition, six (6) rounds of Winchester, .40 caliber, all of which were shipped and transported in interstate commerce.
The charges are in violation of Title 18, United States Code, Section 922(g)(1). (Up to ten years imprisonment and/or a $250,000 fine)
Assistant United States Attorney Rob Wallace
JIMMY ALLEN EASTEP, JR., age 38, of McCurtain County, Oklahoma. Two counts of Felon in Possession of a Firearm, Felon in Possession of a Firearm, Possession with Intent to Distribute Methamphetamine and Possession of Firearm in Furtherance of a Drug Trafficking Crime.
Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. On May 11, 2007, EASTEP, having been convicted of a crime punishable by imprisonment for a term exceeding one year allegedly possessed, firearms, a Ruger, model 10/22, .22 caliber rifle, a Ruger, model 10/22, .22 caliber rifle, and an Astra, model Astra 357, .357 caliber revolver, all of which had been shipped and transported in interstate commerce, and in relation to a drug trafficking crime for which he may be prosecuted in a court of the United States, which is knowingly and intentionally possessing methamphetamine with the intent to distribute same.
The charges are in violation of Title 18, United States Code, Section 922(g)(1), Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C) and Title 18, United States Code, Section 2, and Title 18, United States Code, Sections 924(c) and 2. (Felon in Possession of Firearm and Ammunition – up to ten years imprisonment and/or a $250,000 fine; Possession with Intent to Distribute Methamphetamine – up to 30 years imprisonment and/or $1,000,000 fine; and Possession of Firearm in Furtherance of a Drug Trafficking Crime – not less than five years imprisonment and/or $250,000 fine)
Assistant United States Attorney Rob Wallace
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FOR RELEASE: January 17, 2008
SUBJECT: OSBORNE, Manuelito Ramon
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that MANUELITO RAMON OSBORNE, age 36, of Wagoner, Oklahoma, was indicted by a federal grand jury for Bank Robbery.
“The robbery occurred at about 3:35 PM yesterday afternoon,” reported U.S. Attorney Sperling. “The indictment alleges that on the 16th of January, 2008, OSBORNE robbed Arvest Bank in Wagoner. The indictment further alleges that the robbery was committed by force, violence, intimidation, and by means of a .177 caliber CO-2 pellet pistol, model number 1088, patterned after a Sig Sauer P-220 silver semi-automatic pistol with black grips.”
“The defendant is alleged to have taken, from the person or presence of another, approximately $1,600 in U.S. Currency. The money belongs to and was in the care, custody, control, management, and possession of the Arvest Bank of Wagoner, Oklahoma.”
“The federal jurisdictional hook is that the Arvest Bank accounts are insured by the Federal Deposit Insurance Corporation,” U.S. Attorney Sperling continued.
“The charges are in violation of Title 18, United States Code, Section 2113(a).”
“The offense is punishable, upon conviction, by up to 20 years imprisonment and/or up to $250,000.00 fines. The arraignment will be held in Muskogee next Wednesday, January 23, 2008, at 2 PM.”
“Assistant United States Attorney Ryan M. Roberts presented the matter this morning, on behalf of the United States.”
“I am very grateful for the quick response by Wagoner Police Officers,” U.S. Attorney Sperling said. “WPD officers immediately brought county, state, and federal officers to town. The investigation was coordinated among the Wagoner Police Department, the Wagoner County Sheriff’s Office, the Oklahoma Highway Patrol, the District 27 DA’s Office, the Federal Bureau of Investigation, and the U.S. Marshal Service.”
“The agency heads know who timely, bravely, and effectively participated in this cooperative venture to protect the Wagoner area public. As a matter of routine and safety, we don’t often publicly name individual officers. Their agency heads, however, include Wagoner Police Chief Terry Hornbuckle, Wagoner County Sheriff Johnny Cannon, Oklahoma Highway Patrol Commissioner Kevin Ward, District Attorney Jerry Moore, FBI Special Agent in Charge Mike Ward, and U.S. Marshal John Loyd.”
“This case involved an extremely dangerous high speed getaway from which the defendant, fortunately, didn’t get away. Officers chased the fleeing fugitive from a crowded public area, shot out his rear tires, and NASCARed him off Highway 69 and away from oncoming traffic. This case involved truly remarkable law enforcement work.”
“Thanks, guys, for keeping us safe. We are often too quick to criticize and second-guess split-second decisions. Not today. Great work!” U.S. Attorney Sperling concluded.
The above- named individual has been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
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FOR RELEASE: January 17, 2008
SUBJECT: WHITE, Larry Lamar; and THOMPSON, Andron Dyshaun; a/k/a POSEY, Andron Dyshaun
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LARRY LAMAR WHITE, age 19, and ANDRON DYSHAUN THOMPSON, a/k/a ANDRON DYSHAUN POSEY, age 19, both of Ardmore, Oklahoma, were sentenced for Possession, Carry and Brandishing of a Firearm During a Crime of Violence, in violation of Title18, United States Code, Sections 924(c)(1)(A) and 2.
“WHITE was sentenced to 84 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. THOMPSON was sentenced to 84 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Ardmore Police Department and the Federal Bureau of Investigation. WHITE and THOMPSON were indicted in November, 2007,” stated U.S. Attorney Sperling.
“The federal charging documents reflect that, on June 29, 2007, at approximately 9:45 p.m., WHITE and THOMPSON crawled through the drive-thru window at the Grandy’s Restaurant in Ardmore, Oklahoma,” reported U.S. Attorney Sperling. “They were wearing bandannas to cover their faces and hooded jackets. The Ardmore Police responded and upon arrival saw WHITE and THOMPSON removing money from the cash registers. Officers also saw that the defendants had used duct tape to bind the hands and feet of the manager, a teenage employee and three minor children (ages 5, 7 and 10) who were at the restaurant at the time of the robbery. Duct tape was also used to cover the mouths of the victims.”
“Officers also saw THOMPSON point a pistol at the manager. The defendants surrendered to police and were apprehended outside the restaurant. A Ruger .45 caliber pistol was found inside the restaurant and money was found on each defendant,” stated U.S. Attorney Sheldon J. Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge White ordered the defendants remain in custody of the U.S. Marshal to begin serving their sentences. Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: January 18, 2008
SUBJECT: MCMAHAN, Jeff; and MCMAHAN, Lori
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that JEFF McMAHAN, and LORI McMAHAN, both of Tecumseh, Oklahoma, were indicted today by a federal grand jury in Muskogee. The charges include conspiracy, fraud and racketeering. JEFF McMAHAN is the Oklahoma State Auditor and Inspector.
“The charges arose from an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division. The Indictment charges both defendants, who are husband and wife, with Conspiracy to Commit Honest Services Mail Fraud, in violation of Title 18, U.S.C. Section 371; Six counts of Honest Services Mail Fraud, in violation of Title 18, U.S. C. Sections 1341, 1346 and 2; and Two counts of Travel Act Violations to Promote State Bribery, in violation of Title 18, U.S.C. Sections 1952(a)(3) and 2,” U.S. Attorney Sperling reported.
“Count One of the Indictment alleges that JEFF McMAHAN and LORI McMAHAN conspired with each other and with others, to commit Counts Two through Nine of the Indictment – Honest Services Mail Fraud and Travel Act Violations to Promote State Bribery. The Honest Services Mail Fraud allegation accuses JEFF McMAHAN, in his official capacity, of depriving others of the intangible right of honest services. The defendants received bribes and gratuities in exchange for favorable treatment by JEFF McMAHAN, in his official capacity as Oklahoma State Auditor and Inspector, to an un-indicted co-conspirator/schemer and other entities owned by the un-indicted co-conspirator/schemer and others.”
“The Indictment further alleges that during JEFF McMAHAN’s campaign for Oklahoma State Auditor, JEFF McMAHAN, LORI McMAHAN and others on McMAHAN’s behalf, received cash, other items of value, supplies and straw contributions which far exceeded the legal limits of allowed contributions.”
“Count One is punishable by a term of imprisonment not to exceed five (5) years, and a fine of not more than $250,000.00. Counts Two through Seven are each punishable by a term of imprisonment of not more than twenty (20) years, and a fine of not more than $250,000.00. Counts Eight and Nine are each punishable by a term of imprisonment of not more than five (5) years, and a fine of not more than $250,000.00.”
“Assistant United States Attorneys Gay Guthrie and Ryan Roberts will represent the government in the case.”
U.S. Attorney Sperling concluded by noting, “The named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A Grand Jury Indictment does not constitute evidence of guilt. A Grand Jury Indictment is a method of bringing formal charges against the defendant. The defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments have been included. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
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FOR RELEASE: January 18, 2008
SUBJECT: LONG, Christopher Dale
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CHRISTOPHER DALE LONG, age 28, of Pontotoc County, Oklahoma, pled guilty to Production of Child Pornography, in violation of Title 18, United States Code, Section 2252(a) and Title 18, United States Code, Section 2.
“Charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation. WILSON appeared with a five year old girl in sexually explicit poses for the purpose of producing child pornography in February, 2007, in Pontotoc County,” stated U.S. Attorney Sheldon J. Sperling.
“LONG was indicted in federal court for production of child pornography. This investigation is part of the United States Department of Justice Project Safe Childhood initiative. This program serves to crack down on those who exploit and victimize children by means of the internet or other electronic media, U.S. Attorney Sperling continued.
“LONG admitted that a digital camera, which had been manufactured outside the State of Oklahoma, was used to produce the pornographic images,” explained U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea. The Court ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service.”
“The statutory range of punishment is not less than 15 nor more than 30 years imprisonment and/or up to $250,000.00 in fines. A preliminary guideline calculation suggested an advisory range of 360 months,” stated U.S. Attorney Sperling
“Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: January 24, 2008
SUBJECT: BURGE, Bobby Junior; and BURGE, Alice Marie
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BOBBY JUNIOR BURGE, age 63 and ALICE MARIE BURGE, age 61, both of Muldrow, Oklahoma, were arraigned on charges of Possession with Intent to Distribute Methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii) and Title 18, United States Code, Section 2 and Possession of Firearms in Furtherance of a Drug Trafficking in violation of Title 18, United States Code, Sections 924(c) and 2. Additionally, BOBBY BURGE was charged with Felon in Possession of a Firearm in violation of Title 18, United States Code, Section 922(g)(1).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. BOBBY BURGE and ALICE BURGE are co-defendants in a sealed indictment returned by the Grand Jury on January 18, 2008,” stated U.S. Attorney Sperling.
“On March 2, 2007, the defendants allegedly possessed more than 500 grams of methamphetamine with the intent to distribute, in addition, during and in relation to the drug trafficking crime of possession of a controlled substance with the intent to distribute, they possessed numerous firearms. BOBBY BURGE had been previously convicted of the felony of money laundering in 1997. The firearms he possessed constitute a separate felony offense,” stated U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s pleas of not guilty. The defendants were released under house arrest, pending jury trial.”
“The statutory range of punishment is not less than ten years, nor more than life imprisonment and/or up to $4,000,000.00 in fines for Possession of Controlled Substance with Intent to Distribute; not less than five years imprisonment and/or up to $250,000.00 fines for Possession of Firearms in Furtherance of a Drug Trafficking Crime; and up to ten years imprisonment and/or up to $250,000.00 in fines for Felon in Possession of Firearms,” stated U.S. Attorney Sperling.
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FOR RELEASE: January 24, 2008
SUBJECT: SHOCKEY, Phillip Daren; FALDON, Rickey Dewayne; JONES, Elizabeth Ann; LOOPER, Ashley Nicholle; and WALSTON, Philip Eugene
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today the completion of sentencing hearings for five of the 14 co-defendants indicted in July, 2007. “Charges arose from an investigation conducted by the United States Secret Service and the Sallisaw Police Department,” stated U.S. Attorney Sheldon J. Sperling.
“From October, 2006 to November, 2006, SHOCKEY and other co-conspirators used computers to create counterfeit checks for various businesses and individuals. The checks were then cashed at different banks and businesses in Oklahoma, Arkansas and Missouri. The checks were also traded for stolen mail or drugs. It was further part of the conspiracy that the conspirators would steal or fraudulently obtain identification cards of others to facilitate these activities,” stated U.S. Attorney Sperling.
“PHILLIP DAREN SHOCKEY, age 42, of Sallisaw, Oklahoma, pled guilty on August 29, 2007, to Conspiracy in violation of Title 18, United States Code, Section 371 and Possession of a Counterfeit Security with Intent to Deceive in violation of Title 18, United States Code, Section 513(a). SHOCKEY, who was the leader and organizer of the conspiracy, was sentenced to 95 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $200.00. The defendant was ordered to pay $20,118.24 restitution,” stated U.S. Attorney Sheldon J. Sperling.
“PHILIP EUGENE WALSTON, age 20, of Ft. Smith, Arkansas, pled guilty on August 24, 2007, to Conspiracy, in violation of Title 18, U.S.C. Section 371. WALSTON, who passed counterfeit checks in Missouri, was sentenced to 15 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100. The defendant was ordered to pay $3,500.00 restitution,” stated U.S. Attorney Sheldon J. Sperling.
“RICKEY DEWAYNE FALDON, age 51, of Ft. Smith, Arkansas, pled guilty on August 29, 2007, to Conspiracy, in violation of Title 18, United States Code, Section 371. FALDON, who passed counterfeit checks in Araknsas, was sentenced to ten months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. The defendant was ordered to pay $1,500.00 restitution,” stated U.S. Attorney Sperling.
“ELIZABETH ANN JONES, age 46, of Ft. Smith, Arkansas, pled guilty on August 22, 2007, to Conspiracy, in violation of Title 18, United States Code, Section 371. JONES, who passed counterfeit checks in Arkansas, was sentenced to six months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. The defendant was ordered to pay $1,325.00 restitution,” stated U.S. Attorney Sperling.
“ASHLEY NICHOLLE LOOPER, age 21, of Muldrow, Oklahoma pled guilty on October 9, 2007, to Conspiracy, in violation of Title 18, United States Code, Section 371. LOOPER, who assisted WALSTON in passing counterfeit checks in Missouri, was sentenced to four months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sperling
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the sentencings. Judge White ordered the defendants to remain in custody of the U.S. Marshal to begin serving their sentence. Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: January 24, 2008
SUBJECT: MORRIS, Mary Jo
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MARY JO MORRIS, age 41, of Porum, Oklahoma, was sentenced for Theft of Government Funds, in violation of Title18 U.S.C. § 641.
“MORRIS was sentenced to 24 months probation, ordered to pay a Special Assessment of $100.00 and ordered to pay $10,638.00 restitution,” stated U.S. Attorney Sheldon J. Sperling.
“The offenses took place from about April 2004 to September 2005, in Muskogee County, Oklahoma. Charges arose from an investigation by Department of Veterans Affairs, Office of Inspector General,” stated U.S. Attorney Sperling.
“Beginning in April, 2004 and continuing until September, 2005, MORRIS continued to access for her own use Veterans Affairs Benefits obtained from the United States Department of Veterans Affairs, in the amount of $10,638.00, to which she knew she was not entitled. MORRIS failed to notify the Veterans Administration of her mother’s death on March 13, 2004. She continued to use the funds by signing her mother’s name on the U.S. Treasury checks and negotiating them,” U.S. Attorney Sperling continued.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Assistant United States Attorney Paul G. Hess represented the government.”
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FOR RELEASE: January 28, 2008
SUBJECT: BERTRAM, Eric Nelson
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that ERIC NELSON BERTRAM, age 57, of Muskogee, Oklahoma, was sentenced forFelon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g).
“BERTRAM was sentenced to 51 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“BERTRAM was found guilty at jury trial on October 3, 2007. Agencies involved in the investigation were the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Muskogee Police Department,” stated U.S. Attorney Sperling. “BERTRAM was indicted on February 14, 2007.”
“On September 20, 2006, BERTRAM, a convicted felon, was stopped for speeding by the Muskogee Police Department (MPD). Upon making contact with BERTRAM, the MPD officer noticed that BERTRAM’s hands were shaking and BERTRAM said he was very scared of the police. During a search of BERTRAM’s vehicle, officers located a loaded Hi-Point 9mm pistol lying on the front floorboard with another loaded magazine next to it, Officers also found a vitamin bottle containing ammunition. The defendant also had a loaded Davis Industries 38 special derringer in his pocket,” reported U.S. Attorney Sperling.
“The Honorable James H. Payne, Chief Judge of the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge Payne ordered the defendant remains in custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: January 28, 2008
SUBJECT: HAND, Lisa Marlene
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LISA MARLENE HAND, age 42, of Seminole, Oklahoma, was sentenced to 84 months without parole in federal prison.
“On July 26, 2007, HAND pled guilty in federal court to Making False Bank Record Entries in the Books of an FDIC Insured Bank,” U.S. Attorney Sperling observed. “She also pled guilty to a forfeiture charge which required that she give up any and all property derived from the charged scheme.”
"HAND was sentenced to 84 months imprisonment, and will then be required to serve a term of 60 months supervised release,” U.S. Attorney Sperling noted. “She has also been ordered to pay $3,576,627.94 restitution.”
“Charges arose from an exhaustive BancFirst inquiry and thorough investigation by the Federal Bureau of Investigation. HAND, an employee of BancFirst, made false entries in the books of BancFirst with the intent to defraud,” stated U.S. Attorney Sperling.
“From 1999-2005, HAND was a Vault Teller and Teller Supervisor of the BancFirst branch in Seminole, Oklahoma. In her official capacity, HAND controlled the flow of money in and out of the branch’s vault, teller drawers, and automated teller machines.”
“The defendant was responsible for preparing the daily vault cash reconciliation reports and providing the to the officers of BancFirst. She was obligated to reconcile several general ledger accounts at the branch office.”
“HAND admitted to creating false internal bank documents which purported to show the movement of cash in and out of the branch vault. She then created separate false internal bank documents in a complex manner. She used general ledger accounts to disguise the account imbalances which appeared as a result of her initial false entries.”
“The amount of proceeds obtained by HAND as a result of the offenses was $3,263,696.23, U.S. Attorney Sperling related. “BancFirst’s internal investigation provided a fantastic foundation for the investigative work of the FBI. The bank’s Executive V.P/Chief Risk Officer and Assistant V.P./Operational Security Officer are to be commended for leading the internal auditing effort. They also provided the initial documentary evidence which enabled the FBI Special Agents to build this case,” stated U.S. Attorney Sperling.
“Some people may wonder why the bank didn’t catch the defendant earlier,” U.S. Attorney Sperling queried. “The sentencing court clearly answered that question. The defendant abused her position of trust. She employed sophisticated means to commit the crime. She co-opted internal controls by exploiting professional relationships.”
“For a time, the ‘hand’ was quicker than the eye. No more.”
“Importantly, the defendant’s motion for a sentencing variance, or leniency, was denied. Of course, her criminality occasioned personal and family embarrassment. I hope anyone else who is similarly tempted will pay attention. For the next seven years, the punishment piper must be paid.”
“The Honorable James H. Payne, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge Payne ordered the defendant to surrender to the Bureau of Prisons on February 29, 2008, at 12:00 p.m., to begin serving her sentence.”
“Assistant United States Attorney Rob Wallace did a remarkable job to lead the prosecution and represent the government.”
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FOR RELEASE: January 28, 2008
SUBJECT: LUNA-KENNEDY, Juan
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JUAN LUNA-KENNEDY, age 28, of Ft. Smith, Arkansas, was sentenced for Possession of Cocaine with Intent to Distribute, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(ii)(II) and Title 18, United States Code, Section 2.
“LUNA-KENNEDY was sentenced to 60 months imprisonment, 48 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The defendant possessed in excess of 500 grams of cocaine with the intent to distribute. The offenses took place in March 2007 in Sequoyah County,” stated U.S. Attorney Sheldon J. Sperling.
“On March 8, 2007, while conducting traffic enforcement on I-40 in the area of Sequoyah County, Oklahoma Highway Patrol Troopers stopped an eastbound pickup truck for speeding. Permission was given to search the vehicle for drugs and/or contraband. A cardboard box in the rear seat of the truck was discovered which contained 2 kilograms (approximately 4.4 pounds of cocaine) and several compressed bundles of marijuana weighing approximately 130 pounds.”
“The Honorable James H. Payne, Chief Judge of the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge Payne ordered the defendant remain in custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: January 28, 2008
SUBJECT: MARTIATO, Arnaldo
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ARNALDO MARTIATO, age 60, of Ft. Smith, Arkansas, was sentenced for Possession of Cocaine with Intent to Distribute, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(ii)(II) and Title 18, United States Code, Section 2.
“MARTIATO was sentenced to 60 months imprisonment, 48 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“The charges arose from an investigation by the Oklahoma Highway Patrol and the United States Drug Enforcement Administration. The defendant possessed in excess of 500 grams of cocaine with the intent to distribute. The offenses took place in March 2007 in Sequoyah County,” stated U.S. Attorney Sheldon J. Sperling.
On March 8, 2007, while conducting traffic enforcement on I-40 in the area of Sequoyah County, Oklahoma Highway Patrol Troopers stopped an eastbound pickup truck for speeding. The driver, MARTIATO, gave permission to search the vehicle for drugs and/or contraband. A cardboard box in the rear seat of the truck was discovered which contained 2 kilograms (approximately 4.4 pounds of cocaine) and several compressed bundles of marijuana weighing approximately 130 pounds.
“The Honorable James H. Payne, Chieft Judge of the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge Payne ordered the defendant remain in custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Rob Wallace represented the government.”
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FOR RELEASE: January 30, 2008
SUBJECT: HELTON, Corey
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that COREY HELTON, age 21, of Muskogee, Oklahoma, was sentenced for Possession with Intent to Distribute and Distribution of Methamphetamine, in violation of Title 21 U.S.C. Sections 841(a)(1) and (b)(1)(B).
“HELTON was sentenced to 78 months imprisonment, 48 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Drug Enforcement Administration. On May 4, 2007, HELTON had in his possession and intended to distribute 11.08 grams of methamphetamine. On October 30, 2007, a one count felony information was filed charging HELTON with possessing and distributing methamphetamine,” stated U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge White ordered the defendant to remain in the custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Rob Wallace represented the government.”
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “I am very gratified by this remarkable team effort.”
“The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for the Eastern District.”
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FOR RELEASE: January 31, 2008
SUBJECT: POWDRILL, Shamarcus
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that SHAMARCUS POWDRILL, age 19, of Okmulgee, Oklahoma, was sentenced for Possession with Intent to Distribute and Distribution of Cocaine Base aka Crack Cocaine, in violation of Title 21 U.S.C. Sections 841(a)(1) & (b)(1)(B).
“POWDRILL was sentenced to 36 months imprisonment, 48 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Drug Enforcement Administration. On April 10, 2007, POWDRILL sold crack cocaine in a controlled setting. As a result of the controlled buy, a one count felony information was filed charging POWDRILL with possessing and distributing crack cocaine in excess of five grams,” stated U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Judge White ordered the defendant to remain in custody of the U.S. Marshal to begin serving his sentence. Assistant United States Attorney Rob Wallace represented the government.”
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “I am very gratified by this remarkable team effort.”
“The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for the Eastern District.”
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FOR RELEASE: January 31, 2008
SUBJECT: SENNETT, Joel
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JOEL SENNETT, age 29, of McAlester, Oklahoma, was sentenced for Interstate Travel in Aid of Racketeering, in violation of Title 18 U.S.C. Sections 1952(a)(3).
“SENNETT was sentenced to 60 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“SENNETT was one of 13 co-defendants indicted in July, 2007. Between December, 2006, and January, 2007, SENNETT traveled from Texas to Oklahoma, to possess and distribute methamphetamine,” stated U.S. Attorney Sperling.
“Special Agents of the Drug Enforcement Administration (DEA) Oklahoma City District and McAlester Resident Offices, assisted by various Federal, State and Local Agencies successfully dismantled the Jared Macchirella and Brian Fry methamphetamine Drug Distributing Organization (DTO), based out of McAlester, Oklahoma. This Priority Target Organization distributed in excess of 20 pounds of methamphetamine per month in East Oklahoma and North Texas since 2003. Special Agents of the DEA led their team of law enforcement partners through the execution of a two-phased investigation consisting of the execution of eleven federal & state search warrants, undercover purchases of methamphetamine and psuedoephedrine, the cultivation of over 30 confidential sources / cooperating defendants, wire intercepts, pen registers / toll analysis, investigative grand jury and electronic / aerial surveillance. An extensive financial investigation was conducted, including document search warrants, cash flow analysis, ex-parte tax orders, analysis of cash trade assets, asset tracing and analysis of real property,” stated U.S. Attorney Sperling.
“The DEA Oklahoma City District and McAlester Resident Offices conducted this investigation with the Federal Bureau of Investigation, Internal Revenue Service, Bureau of Indian Affairs, Oklahoma State Bureau of Narcotics, Oklahoma State Bureau of Investigation, Oklahoma Department of Corrections, Oklahoma National Guard, Oklahoma Highway Patrol, District Attorney Drug Task Forces 18 & 22, Hughes and Pittsburg County (Oklahoma) Sheriff’s Departments, and the McAlester, Oklahoma Police Department,” U.S. Attorney Sperling continued.
“This investigation resulted in the arrests of 53 defendants, the seizure of over 115 firearms and the removal of approximately 7,000 rounds of ammunition. In addition, the abstraction of psuedoephedrine and methamphetamine and the seizure of passenger vehicles, motorcycles, all-terrain vehicles, and real estate ensued. The federal prosecution of started with thirteen defendants by the United States Attorney, Eastern District of Oklahoma, two of which were never arrested, and anticipated seizures of real property and assets, in excess of three million dollars, are expected, added U.S. Attorney Sperling.
“This is yet another domino to fall in such a significant drug enforcement case for the citizens of Eastern Oklahoma. These types of conspirators only mean pain and grief to our state while making enormous monetary profits. We need more than simply disrupting these home-grown terrorist but we must totally dismantle them to the core. As a state, we must have great resolve when dealing with these groups and will fight for every town, every county in our state in our quest for a drug free Oklahoma,” added Director R. Darrell Weaver of the Oklahoma Bureau of Narcotics.
"The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today's sentencing. Judge White ordered the defendant to surrender to the Bureau of Prisons on March 3, 2008, to begin serving his sentence. Assistant United States Attorney Rob Wallace represented the government."
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FOR RELEASE: January 31, 2008
SUBJECT: SPENCER, Linda Ruth
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LINDA RUTH SPENCER, age 46, of Muldrow, Oklahoma, was sentenced for Conspiracy, in violation of Title 18, United States Code, Section 371.
“SPENCER was sentenced and given credit for 178 days served, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. The defendant was ordered to pay $2,500.00 restitution,” stated U.S. Attorney Sheldon J. Sperling.
“SPENCER was one of 14 co-defendants indicted in July, 2007. Charges arose from an investigation by the United States Secret Service,” stated U.S. Attorney Sperling.
“From October, 2006, to November 23, 2006, SPENCER conspired with others to create and pass counterfeit checks in Arkansas and Oklahoma. SPENCER passed counterfeit checks and attempted to pass additional counterfeit checks at federally insured banks in Arkansas. The checks were made by another co-defendant using actual checking account numbers from personal checks which were stolen from mailboxes,” continued U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Assistant United States Attorney Christopher J. Wilson represented the government.”
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FOR RELEASE: January 31, 2008
SUBJECT: WATKINS, Elvin Clifford
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ELVIN CLIFFORD WATKINS, age 48, of Chambersburg, Pennsylvania was sentenced for Possession with Intent to Distribute Marijuana, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
“WATKINS was sentenced to 57 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Drug Enforcement Administration and the Oklahoma Highway Patrol. The offense took place on August 13, 2007, in Sequoyah County. WATKINS possessed in excess of 80 kilograms of marijuana with the intent to distribute,” stated U.S. Attorney Sperling.
“An alert Oklahoma Highway Patrol Trooper stopped WATKINS on I-40 in Sequoyah County for following a semi-truck too closely. The defendant failed to comply with the trooper’s lawful instructions. A serious physical struggle followed.”
“Good Samaritan citizens entered the fray, on the side of the law. The defendant was restrained and arrested. In this case, as in the song, the defendant fought the law – and the law won.”
“A subsequent search of the 2007 Dodge Charger driven by WATKINS, yielded approximately 184 pounds of marijuana. WATKINS ultimately admitted he was taking the marijuana to Pennsylvania for delivery,” U.S. Attorney Sperling commented.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. The defendant’s sentence was enhanced for attempting to mislead a U.S. Probation Officer regarding defendant’s arrest history. The court found that the defendant thereby attempted to obstruct the administration of justice.”
“Judge White ordered the defendant to remain in the custody of the U.S. Marshal to begin serving his sentence.”
“AUSA Linda A. Epperley and FAUSA/Criminal Chief Doug Horn admirably represented the United States in this case.” We were reminded, again today, of the remarkable job our Oklahoma Highway Patrol troopers do to protect us in a variety of ways, and the dangers they face on a daily basis.”
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