PRESS RELEASES - JUNE 2009
June 05, 2009 - DEER, Ricky Van
June 05, 2009 - FREEMAN, Bryan Scott
June 05, 2009 - GRIMMETT, Jeremy Dewayne
June 05, 2009 - HERCULES, Regina
June 05, 2009 - MULLINS, Tonia Rene
June 05, 2009 - WELLS, Damien Allen Vincent
June 05, 2009 - WORK, Hugh Edward
June 16, 2009 - KIMBLE, Earb
June 17, 2009 - SMITH, Una Nishetta
WINSLOW, Vance Eugene, III
June 18, 2009 - BROOKSHIRE, Mykol Travis
JONES, Terry Alan
June 18, 2009 - FEDERAL GRAND JURY INDICTMENTS - JUNE 2009
GATICA-RODRIGUEZ, Porfirio
a/k/a GATICA, Porfirio
a/k/a OMEGA-ROSALES, Vincente
a/k/a REY, Oscar Anthony
HINDSLEY, Ted Donovan
JENKINS, Kimberly Kay
JONES, Donna Sue
a/k/a SCOTT, Donna Sue
LEE, Jason Douglas
LESUEUR, Scott M.
MEDLIN, Troy Robert
TONIHKA, Ahdohlowah Esther
WOOD, Wade D.
June 24, 2009 - FEDERAL AND STATE OFFICIALS JOIN FORCES TO PREVENT
STIMULUS
FUNDING FRAUD IN OKLAHOMA
June 25, 2009 - HICKS, James Earl
June 26, 2009 - DAVIS, Darreon A.
June 30, 2009 - PIERCE, Clarence Lee
a/k/a "THREE"
FOR RELEASE: June 05, 2009
SUBJECT: DEER, Ricky Van
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RICKY VAN DEER, age 48, of Seminole, Oklahoma, was sentenced to 5 months imprisonment, followed by 24 months of supervised release of which 5 months will be on home detention for Obstruction of the Due Administration of Justice, a violation of Title 18 United States Code, Section 1503.
“The indictment alleged that from August 2000, until approximately March 2004, DEER, a former Seminole Nation Council Member and Seminole Nation Development Authority Trustee, conspired with other individuals to receive things of value from IVY ONG, d/b/a/ Carlo World Wide Operations, LLC, in order to secure and maintain contractual relationships with the Seminole Nation to pursue gaming opportunities,” U.S. Attorney Sperling noted.
“IVY KWOK ONG, a/k/a Ivy Ong, age 65, of El Paso, TX, the operator of Carlo Worldwide Operations, LLC (Carlo), a Nevada corporation active in supplying video gaming machines to tribal casinos, pled guilty on September 21, 2007, to a two-count felony information. ONG was convicted of Conspiracy to Commit Tax Evasion and Conspiracy to Pay and Receive Illegal Gratuities, in violation of 18 U.S.C. §371, 201(c)(1)(A)&(B) and 26 U.S.C. §720. ONG was sentenced on May 20, 2008 to 39 months in prison and ordered to pay $199,610 in restitution,” recalled U.S. Attorney Sperling. “ONG, who has been cooperating with the government, was to be the first witness called by the United States in today’s trial.”
“ONG provided payments and other things of value to DEER in exchange for DEER’s power to impact business transactions between the Seminole Tribe, SNDA and Carlo,” continued U.S. Attorney Sperling. "DEER received at least 16 payments totaling $44,100.00.”
“DEER appeared before United States Magistrate Judge Kimberly E. West and entered a guilty plea to obstructing justice in a grand jury investigation on December 10, 2008. He admitted that he knew about the Grand Jury investigation and attempted to impede and subvert the investigation. DEER admitted “creating false documents” in an effort to show a legitimate reason for the payments from IVY ONG,” added U.S. Attorney Sperling.
“Participants in this massive investigation have included agents and investigators from the Bureau of Indian Affairs (BIA), the Internal Revenue Service (IRS), the Federal Bureau of Investigation (FBI) and the National Indian Gaming Commission (NIGC),” stated U.S. Attorney Sheldon J. Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court, for the Eastern District of Oklahoma, in Muskogee presided over today’s hearing. DEER was ordered to report to the Bureau of Prisons on July 8, 2009.”
“Assistant United States Attorney Linda Epperley represented the United States.”
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FOR RELEASE: June 05, 2009
SUBJECT: FREEMAN, Bryan Scott
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BRYAN SCOTT FREEMAN, age 20, of Antlers, Oklahoma, was sentenced to 151 months imprisonment, followed by 36 months of supervised release, for being a Felon in Possession of Firearm, and Possession of Stolen Firearm, a violation of Title 18, United States Code, Section 922(g)(1) and (j). FREEMAN was also ordered to pay restitution in the amount of $1,745.00.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, Federal Bureau of Investigation, Oklahoma State Bureau of Investigation, the Pushmataha District Attorney’s Office and other local law enforcement officers,” stated U.S. Attorney Sheldon J. Sperling. “FREEMAN was indicted in November, 2008 and pled guilty in December, 2008.”
“On August 15, 2008, FREEMAN, along with another person, stole approximately 15 firearms from a storage unit in Pushmataha County. The firearms were recovered by law enforcement agents during the execution of a search warrant. FREEMAN, a previously convicted felon, is prohibited from possessing firearms.” continued U.S. Attorney Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant remains in the custody of the United States Marshal Service.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: June 05, 2009
SUBJECT: GRIMMETT, Jeremy Dewayne
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JEREMY DEWAYNE GRIMMETT, age 29, of Stilwell, Oklahoma, was sentenced to 30 months imprisonment, followed by 36 months of supervised release and was ordered to pay restitution in the amount of $3533.21 for Assault With a Dangerous Weapon, a violation of Title 18, U.S.C. Section 113(a)(3).
“Charges arose from an investigation by the Federal Bureau of Investigation, Adair County Sheriff’s Office and the Cherokee Nation Marshal’s Service,” stated U.S. Attorney Sheldon J. Sperling.
“The criminal complaint which was filed on September 25, 2008, alleged that on July 12, 2008, during an altercation between two separate individuals, GRIMMETT retrieved a pistol, fired it into the air and then struck one of the individuals in the head with that pistol, knocking him to the ground. GRIMMETT continued striking the victim with that weapon on the head,” U.S. Attorney Sperling noted.
“The charging document asserted that a bystander, who approached GRIMMETT during the assault, was threatened by GRIMMETT with that same pistol. Fearing for their safety, they got in their car and began to drive off when GRIMMETT fired at the vehicle striking it, including a shot into the hood of their car which resulted in the car being disabled,” recalled U.S. Attorney Sperling.
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. GRIMMETT remains in the custody of the U.S. Marshal’s Service.”
“Assistant United States Attorney Dean Burris represented the United States.
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FOR RELEASE: June 05, 2009
SUBJECT: HERCULES, Regina
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that REGINA HERCULES, age 43, of Ada, Oklahoma, was sentenced to 48 months imprisonment, followed by 36 months of supervised release. “Defendant HERCULES had been convicted, on November 5, 2008, of Conspiracy to Use Interstate Commerce Facilities in the Commission of Murder-For-Hire, in violation of Title 18, U.S.C. Sections, 371 and 1958.”
“The charges arose from an investigation by the Federal Bureau of Investigation (FBI), the Oklahoma State Bureau of Investigation (OSBI), and the Ardmore Police Department,” stated U.S. Attorney Sperling. “HERCULES pled guilty to an Information on November 5, 2008.”
“The affidavit underlying a federal complaint, asserted the following,” U.S. Attorney Sperling reported. “On September 4, 2008 the Ardmore Police Department notified the FBI of a report that Tonia Mullins was looking for a hit man to kill the wife of Michael Andrew Crawford. Mullins and Crawford intended to buy a house with $250,000 they anticipated collecting from the victim’s life insurance policy.”
“The investigation included the use of consensual audio recordings and hidden video recordings. A series of phone calls and over 50 text messages revealed that Michael Crawford’s aunt, Regina Hercules, was also involved in the scheme to kill the victim.”
“On September 12, 2008 an undercover OSBI special agent met with Mullins and Hercules and negotiated a price of $5,000.00 for killing the victim. The agent later participated in a three way call with Mullins, Crawford and Hercules to confirm details of the contract murder. On September 19, 2008 when Mullins brought collateral to the undercover agent to ensure payment of the $5,000.00 they were arrested. Following their arrests, Mullins and Hercules provided statements to the FBI acknowledging their involvement in the scheme and implicating Crawford who was on active military duty and stationed in South Korea. Military authorities were been alerted so that Crawford could be brought back to the Eastern District of Oklahoma for judicial proceedings.”
“The Honorable James H. Payne, District Judge, for the United States District Court in Muskogee, Oklahoma, presided over today’s hearing. HERCULES is in the custody of the U.S. Marshal Service,” noted U.S. Attorney Sperling.
“Co-defendant Mullins pled guilty to the same conspiracy on November 5, 2008. She was sentenced to 72 months imprisonment by Judge Payne yesterday. She remains in the custody of the United States Marshal Service.”
“Co-defendant Crawford also pled guilty to the charged conspiracy on February 9, 2009. His sentencing is scheduled on July 17, 2009, at 9:30 AM. He has been detained, pursuant to court order, in the custody of the U.S. Marshal Service.”
“Assistant United States Attorney Gregory Dean Burris represented the government.”
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FOR RELEASE: June 05, 2009
SUBJECT: MULLINS, Tonia Rene
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that TONIA RENE MULLINS, age 32 of Ada, Oklahoma, was sentenced to 72 months imprisonment, followed by 24 months of supervised release. “Defendant Mullins had been convicted, on November 5, 2008, of Conspiracy to Use Interstate Commerce Facilities in the Commission of Murder-For-Hire, in violation of Title 18, U.S.C. Sections, 371 and 1958.”
The charges arose from an investigation by the Federal Bureau of Investigation (FBI), the Oklahoma State Bureau of Investigation (OSBI), and the Ardmore Police Department,” stated U.S. Attorney Sperling. “MULLINS pled guilty to an Information on November 5, 2008.”
“The affidavit underlying a federal complaint, asserted the following,” U.S. Attorney Sperling reported. “On September 4, 2008 the Ardmore Police Department notified the FBI of a report that Tonia Mullins was looking for a hit man to kill the wife of Michael Andrew Crawford. Mullins and Crawford intended to buy a house with $250,000 they anticipated collecting from the victim’s life insurance policy.”
“The investigation included the use of consensual audio recordings and hidden video recordings. A series of phone calls and over 50 text messages revealed that Michael Crawford’s aunt, Regina Hercules, was also involved in the scheme to kill the victim.”
“On September 12, 2008 an undercover OSBI special agent met with Mullins and Hercules and negotiated a price of $5,000.00 for killing the victim. The agent later participated in a three way call with Mullins, Crawford and Hercules to confirm details of the contract murder. On September 19, 2008 when Mullins brought collateral to the undercover agent to ensure payment of the $5,000.00 they were arrested. Following their arrests, Mullins and Hercules provided statements to the FBI acknowledging their involvement in the scheme and implicating Crawford who was on active military duty and stationed in South Korea. Military authorities were been alerted so that Crawford could be brought back to the Eastern District of Oklahoma for judicial proceedings.”
“The Honorable James H. Payne, District Judge, for the United States District Court in Muskogee, Oklahoma, presided over today’s hearing. MULLINS is in the custody of the U.S. Marshal Service,” noted U.S. Attorney Sperling.
“Co-defendant Hercules pled guilty to the same conspiracy on November 5, 2008. Her sentencing is scheduled to proceed at 10:30 AM on Friday, June 5, 2009. She remains in the custody of the United States Marshal Service.”
“Co-defendant Crawford also pled guilty to the charged conspiracy on February 9, 2009. His sentencing is schooled on July 17, 2009, at 9:30 AM. He has been detained, pursuant to court order, in the custody of the U.S. Marshal Service.”
“Assistant United States Attorney Gregory Dean Burris represented the government.”
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FOR RELEASE: June 05, 2009
SUBJECT: WELLS, Damien Allen Vincent
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DAMIEN ALLEN VINCENT WELLS, age 21, of Jacksonville, Florida, was sentenced to 60 months imprisonment, followed by 36 months of supervised release for being a 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 Choctaw County Sheriff’s Department and the Department of Alcohol, Tobacco, Firearms, and Explosives,” stated U.S. Attorney Sheldon J. Sperling. “WELLS was indicted in February, 2009.”
“On January 26, 2009, Choctaw County deputies were dispatched to a local residence to investigate a possible burglary. When deputies arrived, the victim informed them that he arrived home to find 2 people he did not recognize exiting his residence and getting into a van.
“The victim followed them in his vehicle and watched them park at a house on a nearby dead-end road. Later, the driver of the van, WELLS, made an attempt to hit the victim and also fired shots at him as he drove past,” continued U.S. Attorney Sperling.
“As the victim was relaying the story to the police, the van drove by the residence again. A pursuit ensued and WELLS made an attempt to elude law enforcement and crashed. Two occupants, including WELLS, exited the car, each with a gun. Deputies held the two at gunpoint and the two were arrested on state charges. The van had been reported stolen as well as the chamber-loaded 9mm handgun in WELLS’ possession.”
“WELLS was convicted on felony charges of Child Molestation, in Georgia back in 2005. It is unlawful for a felon to possess a firearm.”
“The Honorable James H. Payne, District Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, Oklahoma, presided over today’s hearing. WELLS remains in the custody of the United States Marshal.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: June 05, 2009
SUBJECT: WORK, Hugh Edward
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today HUGH EDWARD WORK, age 32, of Lindsay, Oklahoma, was sentenced for Theft or Embezzlement in connection with Health Care and Embezzlement or Theft from an Indian Tribal Organization, a violation of Title 18, U.S.C. Section 669 and Title 18, U.S.C. Section 1163. “WORK was ordered to serve 18 months imprisonment, followed by 36 months of supervised release, and to pay restitution in the amount of $157,406.00,” U.S. Attorney Sperling said.
“Federal, state, and tribal investigators cooperated in this investigation,” stated U.S. Attorney Sperling. “Charges arose from the collaborative work by the Chickasaw Nation Lighthorse Police, Oklahoma State Board of Pharmacy, Bureau of Indian Affairs, Oklahoma Bureau of Narcotics, and the United States Department of Health and Human Services, Office of the Inspector General.”
“From September 2004 until approximately March 2005, WORK stole pharmaceuticals belonging to the Carl Albert Indian Health Center and the Chickasaw Nation. The Chickasaw Nation Family Pharmacy in Ada was the specific victim facility.”
“Authorities were alerted when a pharmacist in Oklahoma City attempted to return approximately $150,000.00 worth of pharmaceuticals to a wholesaler, from whom he had not purchased the drugs, in exchange for credit on his open account. Those drugs had originally been sold to the Chickasaw Nation Pharmacy under a United States Government Contract,” noted U.S. Attorney Sperling. “The defendant had stolen thousands of tablets of Plavix, Zoloft, Hyzaar, Vytorin, and Zocor and a large number of Azmacort and Combivent inhalers.”
“Investigators traced various records, identified relevant transactions, determined which wholesale companies had originally sold the drugs in Oklahoma and Texas, and traced the flow of prescription drugs to the Chickasaw Nation Family Pharmacy in Ada. The pharmacy is an Indian Health Services facility which is able to buy drugs at a governmentally discounted rate which is about 40% of the average wholesale price.”
“The defendant was a pharmacist at the victim pharmacy. Lighthorse and BIA special agents determined pharmacy security deficiencies. An audit was conducted in June 2005. Articulable suspicion focused on the defendant, who was then the pharmacist-in-charge.”
“A subsequent more detailed audit in September 2006 was hampered by poor record-keeping at the pharmacy, but investigators made additional inquiry, communicated with pharmacy staff, and conducted surveillance. The defendant’s bank records were also examined. Suspicious cash deposits were identified by investigators who were able to estimate the loss in the approximate amount of the restitution ordered by the court.”
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing.”
“The Bureau of Prisons typically designates the federal prison at which a sentence is to be served within 30 days after sentencing. WORK was ordered to report to the Bureau of Prisons on July 6, 2009 to begin serving his sentence.”
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: June 16, 2009
SUBJECT: KIMBLE, Earb
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that EARB KIMBLE, age 44, of Tahlequah, Oklahoma, pled guilty to Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, U.S.C. Section 666.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Department of Housing and Urban Development, Office of the Inspector General,” reported U.S. Attorney Sperling. “KIMBLE was indicted in April 2009.”
“From about April 19, 2002 until approximately June 29, 2004, KIMBLE embezzled, obtained by fraud, or misapplied and wilfully and knowingly converted to his own use, in excess of $5,000.00, monies, funds and credits owned by or under the custody or control of the United Keetoowah Band,” stated U.S. Attorney Sheldon J. Sperling.
“KIMBLE was at the time an agent of the United Keetoowah Band Housing Authority, an agency of an Indian tribal government,” continued U.S. Attorney Sperling. “During the years of 2002, 2003, and 2004, at the time of the offenses, this agency received in excess of $10,000 under a federal program, the Native American Housing Assistance and Self-Determination, an Indian Housing Block Grant.”
“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 on bond pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 18 - 24 months imprisonment.”
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: June 17, 2009
SUBJECT: SMITH, Una Nishetta; and WINSLOW, Vance Eugene, III
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today VANCE EUGENE WINSLOW, III, age 34, of Checotah, Oklahoma, was sentenced to 46 months imprisonment and 5 years supervised release for Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, U.S.C. Section 846.
“Also in court today was UNA NISHETTA SMITH, age 63, of Eufaula, Oklahoma. She was sentenced to 30 months imprisonment and 3 years supervised release for Maintaining Drug Involved Premises, in violation of Title 21, U.S.C., Section 856(a)(2) and Title 18, U.S.C., Section 2.
“WINSLOW and SMITH are co-defendants in the March 12, 2008 federal grand jury indictment of 14 defendants,” continued U.S. Attorney Sperling. “WINSLOW participated in the distribution of narcotics with other co-conspirators while SMITH maintained a house, known to be the “stash” house where a large amount of drugs were seized during a search warrant.”
“Ten men and four women were charged in a Eufaula-area drug conspiracy which extended over the past five years. The charged conspiracy involves methamphetamine, cocaine, and crack. Intermediate drug sources were located in Ft. Smith and Oklahoma City. ‘Mules’ were engaged to transport the drugs.”
“The conspirators used violence and threats to collect drug proceeds, prevent theft of drugs and money, maintain secrecy and promote discipline. Conspiratorial activity also is asserted to include traveling to various casinos to convert illegal drug proceeds to cash and travel to resort locations to reward and promote co-conspirator loyalty,” recalled U.S. Attorney Sperling.
“Charges arose from an investigation conducted by the Oklahoma Bureau of Narcotics (OBN), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Eufaula Police Department, the Checotah Police Department, and the Muskogee Police Department,” stated U.S. Attorney Sperling.
“The Honorable Frank H. Seay, Senior Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. Both defendants remain in the custody of the United States Marshal.”
“First Assistant United States Attorney Doug Horn represented the United States.”
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FOR RELEASE: June 18, 2009
SUBJECT: BROOKSHIRE, Mykol Travis; and JONES, Terry Alan
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today, TERRY ALAN JONES, age 36, and MYKOL TRAVIS BROOKSHIRE, age 38, both of Eufaula, pled guilty to Conspiracy Under Color of Law to Interfere with Interstate Commerce. This offense is punishable by a term of imprisonment not to exceed five years and a fine of not more than $250,000.
U.S. Attorney Sperling also reported, “Waiver of indictment and change of plea hearings were held in the U.S. District Court for the Eastern District of Oklahoma this morning for both defendants.”
“The defendants admitted the time of the charged conspiracy to be from about November 2007 until May 2009,” U.S. Attorney Sperling noted. “Defendant Jones was then Sheriff of McIntosh County. Defendant Brookshire was then the under-sheriff for McIntosh County.”
“The object of the charged conspiracy was for the defendants to use their positions as law enforcement officers to illegally obtain cash from motorists traveling in interstate commerce,” U.S. Attorney Sperling said.
“A conviction for federal criminal conspiracy requires sufficient proof of four elements:
- an agreement with another person to violate the law,
- knowledge of the essential objective of the conspiracy,
- knowing and voluntary involvement, and
- interdependence among the alleged co-conspirators.”
U.S. Attorney Sperling added, “By virtue of their jobs in the McIntosh County Sheriff’s Office, the defendants were in positions to execute traffic stops and search for contraband such as weapons, narcotics, or money that was derived from illegal activity.”
“In certain such traffic stop contexts, the defendants encountered large sums of United States currency. They took either all or a portion of the proceeds, and reported the remaining to the District Attorney as seized money to be forfeited. The funds defendants illegally obtained were divided relatively evenly between the defendants.”
U.S. Attorney Sperling further reported, “The defendants admitted an occurrence in November 2007. Defendant Brookshire seized a reported $7,000 from a motorist on I-40 in McIntosh County and released the driver. Given the facts, the District Attorney’s Office declined to forfeit the money. Nearly a year later, defendant Jones returned the money.”
“On Thursday, May 21, 2009, the defendants confiscated a sum of money from another detained motorist,” U.S. Attorney Sperling continued. “The vehicle was driven by an agent acting in an undercover capacity. The officer who effected the stop contacted defendant Jones who directed defendant Brookshire to go to the scene. A search of the vehicle revealed six bundles of currency. Brookshire took one of the bundles to his patrol car, then placed the other five on the dash of his car. Defendant Jones then informed the undercover agent that he would be jailed if he failed to complete a release of currency form.”
“Defendant Jones then contacted the office of the Drug Enforcement Administration and advised that they had seized five bundles of currency. Defendant Jones then presented the undercover agent the release of currency form and again informed him that if he didn’t sign the form, he would go to jail. The undercover agent signed the form and was then released.”
“The defendants stole a portion of the confiscated cash.”
“Investigative agencies which participated in this investigation include the Federal Bureau of Investigation, the Drug Enforcement Administration-Dallas Field Division, the District 25 Office of the District Attorney, and the Department of Public Safety.”
“Defendants Jones and Brookshire both resigned from office after an initial federal charge was filed on May 22, 2009.”
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendants’ guilty pleas and ordered the completion of presentence reports. Sentencing will be scheduled following their completion. The defendants remain on bond, pending sentencing.”
“United States Attorney Sheldon J. Sperling represented the government at today’s hearings.”
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FOR RELEASE: June 18, 2009
SUBJECT: FEDERAL GRAND JURY INDICTMENTS: GATICA-RODRIGUEZ, Porfirio; a/k/a GATICA, Porfirio; a/k/a OMEGA-ROSALES, Vincente; a/k/a REY, Oscar Anthony; HINDSLEY, Ted Donovan; JENKINS, Kimberly Kay; JONES, Donna Sue; a/k/a SCOTT, Donna Sue; LEE, Jason Douglas; LESUEUR, Scott M.; MEDLIN, Troy Robert; TONIHKA, Ahdohlowah Esther; and WOOD, Wade D.
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the June 2009 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”.
SCOTT M. LESUEUR, age 39, of Heavener, Oklahoma
Embezzlement of Government Funds
The Indictment alleges that from on or about November 1, 2005, to in or about January 1, 2007, the defendant willfully and knowingly did steal, convert and purloin money, in the value of $18,755.00, of which was the property of the United States.
The charges arose from an investigation by the Department of Veterans Affairs, Office of Inspector General. The charges are in violation of Title 18, United States Code, Section 641. (Up to 10 years imprisonment, $250,000 fine)
Assistant United States Attorney Ryan Roberts
TROY ROBERT MEDLIN, age 52, of Tahlequah, Oklahoma
Possession with Intent to Distribute Methamphetamine, a Schedule II Controlled Substance, Possession of a Firearm in Furtherance of a Drug Trafficking Crime and Possession of Firearm by a Prohibited Person
The Indictment alleges that on April 13, 2009, in Cherokee County, the defendant, knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II controlled substance and knowingly possessed firearms.
The charges arose from an investigation by the Bureau of Alcohol, Tobacco and Firearms. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), Title 18, United States Code, Section 924(c)(1)(A) and Title 18, United States Code, Section 922(g)(8). (5 years to Life imprisonment, up to $1,000,000 in fines)
Assistant United States Attorney Dean Burris
AHDOHLOWAH ESTHER TONIHKA, age 63, of Eagletown, Oklahoma
Embezzlement and Theft from an Indian Tribal Organization
The Indictment alleges that on or about October 14, 2008, until on or about January 14, 2009, in McCurtain County, Oklahoma, the defendant did embezzle, steal and willfully and knowingly convert to her own use in excess of $1,000.00, of monies, funds and credits belonging to the Choctaw Nation of Oklahoma, an Indian Tribal organization.
The charges arose from an investigation by the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Section 1163. (Up to 5 years imprisonment, $250,000 in fines)
Assistant United States Attorney Dean Burris
DONNA SUE JONES, aka Donna Sue Scott, age 47, of Stilwell, Oklahoma
Embezzlement and Theft from an Indian Tribal Organization
The Indictment alleges that from on or about September of 2005, until on or about August 2, 2007, in Cherokee County, Oklahoma, the defendant did embezzle, steal and willfully and knowingly convert to her own use in excess of $1,000.00, monies, funds and credits belonging to the Cherokee Nation of Oklahoma, an Indian Tribal organization.
The charges arose from an investigation by the Cherokee Nation Marshal Service. The charges are in violation of Title 18, United States Code, Section 1163. (Up to 5 years imprisonment, $250,000 in fines)
Assistant United States Attorney Dean Burris
JASON DOUGLAS LEE, age 24, of Muskogee, Oklahoma
Possession with Intent to Distribute Dihydrocodeinone, a Schedule III Controlled Substance, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, Felon in Possession of a Firearm, Distribution of Cocaine Base and Possession with Intent to Distribute Cocaine Base
The Indictment alleges that from on or about May 9, 2008 until on or about September 4, 2008, in Muskogee County, Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute Dihydrocodeinone, a Schedule III Controlled Substance, did knowingly possess a firearm, specifically: one RG, Model RG31, .38 caliber revolver in furtherance of a drug trafficking crime, and is prohibited from possessing a firearm after having been previously convicted of a felony. The defendant also knowingly and intentionally possessed with intent to distribute and distributed 5 grams or more of a mixture or substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance.
The charges arose from an investigation by the Bureau of Alcohol, Tobacco and Firearms. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(D), Title 18, United States Code, Section 924(c)(1)(A), Title 18, United States Code, Section 922(g)(1), Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B) and Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B). (10 years to Life imprisonment, up to $4,000,000 in fines)
Assistant United States Attorney Shannon Henson
TED DONOVAN HINDSLEY, age 39, of Muskogee, Oklahoma
Felon in Possession of a Firearm and Possession of Unregistered Firearm
The Indictment alleges that on or about March 26, 2009, in Muskogee County, Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess 1 revolver, 1 pistol and 1 rifle and 3 shotguns, in and affecting commerce. It is also alleged that on or about March 26, 2009, the defendant did also possess 3 shotguns, each with a barrel of less than 18 inches in length and an overall length of less than 26 inches, not registered to him in the National Firearms Registration and Transfer Record.
The charges arose from an investigation by the Bureau of Alcohol, Tobacco and Firearms. The charges are in violation of Title 18, United States Code, Section 922(g)(1) and Title 26, United States Code, Sections 5845, 5861(d) and 5871. (Up to 10 years imprisonment, up to $250,000 in fines)
Assistant United States Attorney Shannon Henson
KIMBERLY KAY JENKINS, age 45, of Spiro, Oklahoma
Delay of Mail
The Indictment alleges that on or about March 26, 2009, in LeFlore County, Oklahoma, the defendant, an employee of the United States Postal Service, did knowingly and unlawfully secrete, detain, and delay a letter and mail entrusted to her, to include a package addressed to an individual at XXXXX Racetrack Loop, Spiro, OK 74959, which had come into her possession and which was intended to be conveyed by mail, or to be forwarded through or delivered from the United States Post Office at Spiro, Oklahoma.
The charges arose from an investigation by the United States Postal Inspection Service. The charges are in violation of Title 18, United States Code, Section 1703(a). (Up to 5 years imprisonment and up to $250,000 in fines)
Assistant United States Attorney D. Edward Snow
PORFIRIO GATICA-RODRIGUEZ, aka Porfirio Gatica, aka Vincente Omega-Rosales, aka Oscar Anthony Rey, age 32, of Mexico
Possession with Intent to Distribute Methamphetamine, a Schedule II Controlled Substance
The Indictment alleges that on or about May 26, 2009, in Sequoyah County, Oklahoma, the defendant knowingly and intentionally possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II controlled substance.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii). (10 years to Life imprisonment, up to $4,000,000 in fines)
Assistant United States Attorney Rob Wallace
WADE D. WOOD, age 37, of Milburn, Oklahoma
Conversion of Mortgaged Property and Attempted Conversion of Mortgaged Property
The Indictment alleges that during the period of on or about June 4, 2004, to on or about November 28, 2004, and again on June 21, 2004, in Johnston County, Oklahoma, the defendant knowingly and with intent to defraud, did willfully dispose of and convert to his own use certain property, to-wit: wheat crops and soybean crops, said property having a value in excess of $1,000.00, and which was, at the time of said disposition and conversion, mortgaged, pledged to and held by, United States Department of Agriculture - Farm Service Agency.
The charges arose from an investigation by the United States Department of Agriculture, Office of Inspector General. The charges are in violation of Title 18, United States Code, Section 658. (Up to 5 years imprisonment, $250,000 in fines)
Assistant United States Attorney Chris Wilson
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FOR RELEASE: June 24, 2009
SUBJECT: FEDERAL AND STATE OFFICALS JOIN FORCES TO PREVENT STIMULUS FUNDING FRAUD IN OKLAHOMA
OKLAHOMA CITY, OKLAHOMA – Today, federal and state officials jointly announced their cooperative efforts to prevent, detect, and deter fraud related to stimulus fraud funding. Making the announcement were John C. Richter, U.S. Attorney for the Western District of Oklahoma, David E. O’Meilia, U.S. Attorney for the Northern District of Oklahoma, Sheldon J. Sperling, U.S. Attorney for the Eastern District of Oklahoma, James Finch, Special Agent in Charge for the Federal Bureau of Investigation, and Steve Burrage, Oklahoma State Auditor and Inspector.
As part of this effort, a new “one-stop” hotline has been created to receive reports of fraud, waste and abuse of federal stimulus funds in Oklahoma:
1-877-259-7337
(7337 = Stimulus Funding Fraud Prevention)
(toll free)
With the unprecedented levels of funding being made available comes the significant potential for fraud. The single hot-line number was created to avoid confusion among the public regarding whom to call to report fraud, waste and abuse. With this number, the public (including state and federal employees) need not worry about whether to call federal or state officials, or which agency in the federal or state government to make a report of potential fraud. Reports of fraud will automatically be referred to the appropriate state and federal agency for action.
One of the best sources of detecting fraud is public reports from the citizens of Oklahoma. Whistleblowers are provided protection for reporting fraud, waste and abuse of stimulus funds. For more information, see http://www.recovery.gov/?q=content/whistleblower-information.
“The history of government is replete with examples of waste, fraud and abuse,” said U.S. Attorney John C. Richter. “The best chance we have for preventing misuse of funds this time is by calling on all citizens to blow the whistle by calling this number.”
“Our aim is to encourage personal responsibility,” U.S. Attorney Sheldon J. Sperling added. “Conforming individual conduct to the requirements of law – not stealing public money – should be a relatively simple matter. As to those who may choose to ignore our message of deterrence, the public shame of investigation and prosecution await.”
“With several billion dollars of stimulus funding coming to Oklahoma, it is of the utmost importance that these funds be used appropriately,” said U.S. Attorney David E. O’Meilia. “Therefore, fraud prevention and detection is a high law enforcement priority. Since stimulus monies are taxpayer dollars, we intend to give citizens the opportunity to report suspected waste, fraud and abuse of these funds.”
“The goal is to prevent fraud and ensure the funding is used for its intended purpose,” said FBI Special Agent in Charge Jim Finch. “When the funding is misused, it takes honest citizens to report it and responsible government officials to take action.”
Oklahoma State Auditor and Inspector Steve Burrage praised the cooperative efforts of the state and federal agencies to help detect fraud or waste in the stimulus funds coming into Oklahoma. “Fraud involving stimulus dollars will not be tolerated,” said Auditor Burrage. “By combining our efforts, we greatly improve the chances of not just discovering fraud and waste, but preventing it.”
Federal stimulus funding to Oklahoma through the American Recovery and Reinvestment Act is being made available in a variety of ways:
- Direct funding from the federal government to Oklahoma-based private and public recipients through contracts, grants and loans/benefits;
- Direct funding to tribes which will distribute funds through grants, contracts, subsidies, loans, contracts, etc.; and
- Funding to the State of Oklahoma who will distribute funds through grants, contracts, subsidies, loans, contracts, etc.
The federal government and the State of Oklahoma have websites that provide information regarding stimulus funding:
- See http://www.ok.gov/recovery/ for details on Oklahoma’s funding
- See http://www.recovery.gov/ for details on federal stimulus funding
In Oklahoma, State Auditor and Inspector Steve Burrage is responsible to direct, monitor, and oversee the auditing of the expenditure of funds received through the State of Oklahoma and ensure that the state audits agencies are in compliance with the regulatory requirements. More information on Auditor Burrage’s office can be found at http://www.sai.state.ok.us/.
In the federal government, most citizens are familiar with the role of the Federal Bureau of Investigation in investigating reports of fraud. In addition, each federal department and agency has an Office of Inspector General which is charged with the responsibility to prevent and detect fraud, waste and abuse of federal funds. The website and hotline numbers to report fraud to these agencies can be found at http://www.recovery.gov/?q=content/agency-fraud-hotlines.
For more information, contact:
- Bob Troester USAO Western District of Oklahoma (405) 553-8999
- Randy Edgmon USAO Northern District of Oklahoma (918) 382-2700
- Sheldon Sperling USAO Eastern District of Oklahoma (918) 684-5100
- Gary Johnson FBI (405) 290-3678
- Terri Watkins Oklahoma Auditor's Office (405) 522-8034
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FOR RELEASE: June 25, 2009
SUBJECT: HICKS, James Earl
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JAMES EARL HICKS, age 28, of Bennington, Oklahoma, was sentenced to 2 years probation and 1 month of home detention for Embezzlement and Theft From an Indian Tribal Organization in violation of Title 18, Section 1163. HICKS, was also ordered to pay restitution in the amount of $5,122.34.
“Charges arose from an investigation by the Federal Bureau of Investigation,” stated U.S. Attorney Sheldon J. Sperling. “HICKS was indicted in February 2009 and pled guilty in March, 2009.”
“From in or about February, 2004, until in or about August, 2004, HICKS embezzled, stole, and knowingly converted to his own use moneys, funds, securities, premiums, credits, property, and other assets belonging to the Choctaw Nation, an Indian tribal organization,” noted U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: June 26, 2009
SUBJECT: DAVIS, Darreon A.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DARREON A. DAVIS, age 23, of Muskogee, Oklahoma, was sentenced to 36 months imprisonment, followed by 36 months of supervised release for Possession with Intent to Distribute Cocaine Base, also known as Crack Cocaine, a violation of Title 21 United States Code, Sections 841(a)(1) and 841(b)(1)(B)(iii).
“Charges arose from an investigation by the Muskogee Police Department, the Muskogee County Sheriff’s Department and the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigations (FBI),” stated U.S. Attorney Sheldon J. Sperling. “DAVIS was indicted in November 2008 and pled guilty in December, 2008.”
“On June 25, 2007 and July 1, 2007, DAVIS sold crack cocaine to a confidential informant,” noted U.S. Attorney Sperling.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant remains in the custody of the United States Marshal Service.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: June 30, 2009
SUBJECT: PIERCE, Clarence Lee, III; a/k/a "THREE"
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CLARENCE LEE PIERCE, III, a/k/a Three, age 32, of Muskogee, Oklahoma was sentenced to 37 months imprisonment, followed by 60 months of supervised release for Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, U.S.C., Section 846.
“PIERCE is a co-defendant in the March 12, 2008 federal grand jury indictment of 14 defendants,” stated U.S. Attorney Sheldon J. Sperling. “PIERCE participated in the distribution of methamphetamine and other controlled substances out of the Eufaula, Oklahoma area.”
“Ten men and four women were charged in this Eufaula-area drug conspiracy. The charged criminality extended over the past five years. The charged conspiracy involved methamphetamine, cocaine, and crack. Intermediate drug sources were located in Ft. Smith and Oklahoma City. ‘Mules’ were engaged to transport the drugs.”
“The conspirators used violence and threats to collect drug proceeds, prevent theft of drugs and money, maintain secrecy and promote discipline. Conspiratorial activity also included, traveling to various casinos to convert illegal drug proceeds to cash and travel to resort locations to reward and promote co-conspirator loyalty,” recalled U.S. Attorney Sperling.
“Charges arose from an investigation conducted by the Oklahoma Bureau of Narcotics (OBN), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of Investigation (FBI), the Eufaula Police Department, the Checotah Police Department, and the Muskogee Police Department,” stated U.S. Attorney Sperling. “Dedicated investigators joined state, local and federal hands in this remarkable collective effort on behalf of the Organized Crime Drug Enforcement Task Force (OCDETF).”
“The Honorable Frank H. Seay, Senior Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. PIERCE remains in the custody of the United States Marshal.”
“Assistant United States Attorney Rob Wallace capably represented the United States.”
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