PRESS RELEASES - JULY 2008
| July 01, 2008 | LONG, Christopher Dale | Sentencing |
| July 01, 2008 | ORR, Djuan Jahmarr | Sentencing |
| July 01, 2008 | RUSSELL, Jimmy Dale a/k/a MEADOWS, James |
Sentencing |
| July 03, 2008 | RIGGINS, Christopher James | Sentencing |
| July 15, 2008 | CHANDLER, Steve Arby, II | Sentencing |
| July 15, 2008 | HARRIS, Rhonda | Sentencing |
| July 15, 2008 | HICKMAN, Hercel Harvey | Sentencing |
| July 16, 2008 | FEDERAL GRAND JURY INDICTMENTS: ELLISON, Lee Wayne MANGRUM, Brian STRINGFELLOW, Joel T. STRINGFELLOW, Terry L. |
Indictment |
| July 17, 2008 | PRESS CONFERENCE - MARBLE CITY SCHOOLS | Press Conference |
| July 18, 2008 | COUCH, Larry - RESTITUTION TO MARBLE CITY SCHOOLS | Restitution |
| July 21, 2008 | SUMMERLIN, Edward Dale a/k/a SUMMERLIN, Dale Edward |
Sentencing |
| July 22, 2008 | VANN, Albert Lee | Guilty Plea |
| July 24, 2008 | WEST, Owen Lee | Guilty Plea |
| July 28, 2008 | BENTLEY, Dustin Kyle | Guilty Plea |
| July 28, 2008 | DEAN, Michael Ray | Guilty Plea |
| July 28, 2008 | FRANCIS, Hannah Elizabeth | Guilty Plea |
| July 28, 2008 | HARDING, Freda | Guilty Plea |
| July 29, 2008 | PACHECO, Jose Miguel a/k/a "BEBE" |
Guilty Plea |
FOR RELEASE: July 01, 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, was sentenced for Production of Child Pornography, in violation of Title 18, United States Code, Section 2252(a) and Title 18, United States Code, Section 2. LONG pled guilty to the charges on January 18, 2008.
“LONG was sentenced to 360 months in prison followed by 36 months of supervised release and was ordered to pay a $100.00 special assessment.”
“Charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation. The defendant 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. “AUSA Chris Wilson ably serves as The Project Safe Childhood Coordinator for the Eastern District of Oklahoma.”
“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 Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. The defendant remains in the custody of the United States Marshal Service to begin serving his sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the United States in this case.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 01, 2008
SUBJECT: ORR, Djuan Jahmarr
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DJUAN JAHMAR ORR, age 38, of Lancaster, Texas, was sentenced for Possession of Fifteen or More Counterfeit Access Devices and Use of a Counterfeit Access Device, in violation of Title 18, United States Code, Section 1029(a)(3), Title 18, United States Code, Section 2 and Title 18 United States Code, Section 1029(a)(1). The defendant pled guilty to the charges on November 20, 2007.
“ORR was sentenced to 77 months in prison followed by 36 months of supervised release and was ordered to pay $45,209.10 in restitution to the victims in the case and a $200.00 special assessment to the Court.”
“Charges arose from an investigation by United States Secret Service. The offense took place on August 24, 2007,” stated U.S. Attorney Sheldon J. Sperling.
“U.S. Secret Service agents in Dallas, Texas, were conducting an investigation into the use of counterfeit credit cards in the Dallas area. As part of that investigation, agents were attempting to locate Maurice Obie Dixon and discovered he was staying in a room at the Day’s Inn in Ardmore, Oklahoma. Agents also determined the room had been rented using a counterfeit American Express card. Agents located ORR in the parking lot and placed him under arrest. Agents went to the room and located Dixon. Inside the room, agents also discovered 22 counterfeit credit cards,” stated U.S. Attorney Sperling.
“Dixon was sentenced to 30 months imprisonment and 36 months supervised release on June 19, 2008.”
“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 sentencing. The defendant remains in the custody of the United States Marshal Service to begin serving his sentence,” continued U.S. Attorney Sperling.
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 01, 2008
SUBJECT: RUSSELL, Jimmy Dale; a/k/a MEADOWS, James
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JIMMY DALE RUSSELL, a/k/a JAMES MEADOWS, age 52, of Tahlequah, Oklahoma, was sentenced for Possession of an Unregistered Firearm, in violation of Title 26, U.S.C., Sections 5845 & 5861(d). The defendant pled guilty to the charges on February 19, 2008.
“RUSSELL was sentenced to 120 months in prison followed by 36 months of supervised release and was ordered to pay a $100.00 special assessment.”
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Tahlequah Police Department. RUSSELL possessed a sawed-off shotgun. The firearm was an Ithaca Gun Company, Model 66, .410 gauge lever action single shot shotgun with a barrel of less than 18 inches in length and an overall length of less than 26 inches. The firearm was not registered to him in the National Firearms Registration and Transfer Record,” stated U.S. Attorney Sheldon J. Sperling.
“On the 8th day of May, 2007, Tahlequah Police Department responded to a call at a convenience store concerning a man with a gun. Upon arrival, Tahlequah Police Department Officers located RUSSELL standing next to a 2002 Nissan S.U.V. Officers saw a sawed-off shotgun on the passenger front seat of the vehicle. Officers arrested RUSSELL and seized the firearm,” U.S. Attorney Sperling continued.
“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 sentencing. The defendant remains in the custody of the United States Marshal Service to begin serving his sentence,” continued U.S. Attorney Sperling.
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 03, 2008
SUBJECT: RIGGINS, Christopher James
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that CHRISTOPHER JAMES RIGGINS, age 23, of Ada, Oklahoma, was sentenced for False Statements, in violation of Title 18, U.S.C., Section 1001. RIGGINS pled guilty to the charges on December 20, 2007.
“RIGGINS was sentenced to 3 years probation, and ordered to pay restitution in the amount of $2,000.00 to the Federal Emergency Management Administration (FEMA), and $360.00 to the American Red Cross,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Federal Bureau of Investigation. On October 4, 2005, within the jurisdiction of the United States Department of Treasury, RIGGINS made a false and fictitious material statement and representation, in that the defendant made false claims that he was a victim of Hurricane Rita and entitled to assistance,” U.S. Attorney Sperling said.
“RIGGINS, while residing in Pontotoc County, made application with FEMA for emergency housing assistance. RIGGINS falsely claimed to live in Lake Charles, Louisiana, during Hurricane Katrina. RIGGINS then received and cashed a United States Treasury check for the claim,” U.S. Attorney Sperling continued.
“Some may wonder why we federally prosecute a case like this. Sure, the loss is modest. But these cases are prosecuted all over the country. For good reason. Disaster relief money should go to hurricane victims, not to opportunists who see a chance to steal a piece of the aid pie. And this wasn’t the defendant’s first rodeo,” 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 sentencing.”
“Assistant United States Attorney Shannon Henson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 15, 2008
SUBJECT: CHANDLER, Steve Arby, II
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STEVE ARBY CHANDLER, II, age 37, of Ada, Oklahoma, was sentenced for Failure to Register Pursuant to Sex Offender Registration and Notification Act, in violation of Title 18 U.S.C., Section 2250.
“CHANDLER was sentenced to 30 months imprisonment, 60 months supervised release, and ordered to pay a $100.00 Special Assessment Fee,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the United States Marshal Service,” stated U.S. Attorney Sperling. “From March 6, 2007 to January 11, 2008, CHANDLER, an individual required to register under the Sex Offender Registration and Notification Act, traveled in interstate commerce and failed to register and update registration as required by the Sex Offender Registration and Notification Act. The defendant pled guilty to the charges on March 28, 2008.”
“CHANDLER was convicted in1995 of Criminal Sexual Conduct - Second Degree and Criminal Sexual Conduct - Third Degree in the State of Michigan,” continued U.S. Attorney Sperling. Prior to being released from prison in January 2007, CHANDLER was advised of his obligation to register as a sex offender. In March 2007, CHANDLER began traveling in interstate commerce and ultimately moved to Ada, Oklahoma, in the fall of 2007. CHANDLER failed to register in the State of Oklahoma as a sex offender as required by both federal and state law.”
“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 sentencing. The court ordered the defendant remain in the custody of the United States Marshal Service to begin serving his sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 15, 2008
SUBJECT: HARRIS, Rhonda
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that RHONDA HARRIS, age 51, of Wagoner County, Oklahoma, was sentenced in federal court on one count of Embezzlement by a Bank Officer or Employee, in violation of Title 18, U.S.C., Sections 656 and 2, and one count of Money Laundering, in violation of Title 18, U.S.C., Sections 1957 and 2.
“HARRIS was sentenced to 168 months imprisonment for embezzlement and 120 months for money laundering, to run concurrent,” stated First Assistant United States Attorney Douglas A. Horn. “The defendant also received 36 months supervised release. The court ordered restitution in the amount of $3,343,264 to Chubb Insurance and $1,947,091 to Arvest Bank. HARRIS was also ordered to pay a $200 Special Assessment Fee.”
“The defendant was ordered to report to the Bureau of Prisons by Noon on August 8, 2008.”
United States Attorney for the Eastern District of Oklahoma, Sheldon J. Sperling, was recused from any involvement in the case. “I was recused from this case because my wife and I maintained small accounts at the bank. Though our accounts were unaffected, we carefully avoided the appearance of impropriety. If the defendant’s sentence were to have been more lenient than some wished, the resolution was not because I wished her or the bank spared. If the sentence were to have been more severe than some desired, the outcome was not caused by a personal desire for revenge or retribution.”
“Due process takes time and patience. This inquiry took time. I am grateful for the work of the Federal Bureau of Investigation and the Internal Revenue Service Special Agents who worked exhaustively with Arvest bank officials and the defendant to put this jigsaw puzzle together. U.S. Probation Officers diligently summarized relevant material for the court. First Assistant U.S. Attorney Douglas A. Horn did a remarkable job to lead this prosecution. The defendant was admirably and capably defended by Donn F. Baker. On March 6, 2008, HARRIS pled guilty to the charges.”
“This scheme was coldly calculated and executed. From the defendant’s position of trust, she betrayed vulnerable customers, subservient co-workers, and bank officials.”
“Embezzlement and money laundering are the felony crimes to which the defendant pled guilty and is convicted. Her 168 month sentence will be served without the prospect of parole. We hope the victims find some measure of justice from the sentence imposed.”
“On October 23, 2006, a bank customer went to the bank branch in Tulsa to cash a CD she had purchased at the Wagoner branch. Tulsa branch officers were unable to find evidence that the CD existed. The officials researched other accounts and determined that several accounts had been compromised.”
“An executive Vice President immediately confronted the defendant. She confessed that she had been stealing from the bank for 25 years. She was quickly removed from the bank and interviewed that day. She gave a partial list of affected customers, accounts, and amounts.”
“FBI agents conducted interviews. The defendant admitted taking funds from customers who had or wanted to open CD accounts. She had pretended to open CDs and provided certain paperwork, failed to actually enter the CDs in the bank records system, and diverted the money to her personal use.”
“The defendant paid ‘interest’ to some customers on the non-existent CDs—either in cash or with bank-issued money orders. She invaded other customers’ CDs to maintain her scheme.”
“Diversionary transactions were conducted, often involving forged signatures. The defendant’s illegality supported her husband and sons. A horse racing business was underwritten. Family monthly bills were paid—typically with money orders purchased with cash from the defendant’s teller drawer.”
“Customer accounts were thoroughly reviewed by the bank. Some 82 accounts suffered loss. The aggregate loss if $5,566,918.98.”
“The defendant has stipulated, or agreed, that the loss exceeded $2.5 million and was less than $7 million. Reported losses have been verified. Most of the account holders, but reportedly not all, have been reimbursed by the bank.”
“Stables, trailers, and horse training property has been forfeited by the defendant and her family members. She also forfeited residential property – an ATV, tractor, mower, pickup and Hummer were also forfeited and sold for some $96,750.00.”
“FAUSA Doug Horn presented a persuasive sentencing case. He observed in closing, the singular observation of one notable victim. ‘Lost trust in a dear friend is worse than death.’”
“Prosecution does not make victims whole. The emotional toll, time spent to document losses and communicate with counsel, investigative and prosecutorial investments – are lost, due to the defendant’s greed. Her future is confinement. Our hope and prayer is that this sentence will deter anyone who is similarly inclined to rob the vulnerable. We hope that the overwhelming host of honest bank officials will pledge anew to honorably serve their customers.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 15, 2008
SUBJECT: HICKMAN, Hercel Harvey
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that HERCEL HARVEY HICKMAN, age 58, of LeFlore County, Oklahoma, was sentenced for Illegal Possession of a Machinegun, in violation of Title 18 U.S.C., Section 922(o).
“HICKMAN was sentenced to 24 months imprisonment, 24 months supervised release, and ordered to pay a $100.00 Special Assessment Fee,” stated U.S. Attorney Sheldon J. Sperling.
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Spiro Police Department, commented U.S. Attorney Sperling. “HICKMAN was indicted in January 2008, for possessing a Sten, Model MK III, 9mm caliber machinegun. The defendant pled guilty to the charges on February 25, 2008.”
“On February 11, 2005, HICKMAN was stopped by Spiro Police Officers for speeding. During the stop, a narcotics dog alerted on the vehicle. During the subsequent search, a Sten 9mm caliber machinegun was located under the backseat. HICKMAN admitted to Spiro Police Officers and later to ATF agents that he possessed the machinegun. HICKMAN also admitted that he had fired the gun and was aware it was fully automatic,” continued 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 sentencing. The court ordered the defendant remain in the custody of the United States Marshal Service to begin serving his sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the United States,” U.S. Attorney Sperling concluded. “This case is another example of remarkable cooperation by ATF Special Agents and local first responders – here, Spiro Police Officers. I am grateful to Assistant United States Attorney Wilson and the law officers for this excellent Project Safe Neighborhood prosecution. Gun crime, particularly that involving a prohibited weapon like a machinegun, means hard time.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 16, 2008
SUBJECT: FEDERAL GRAND JURY INDICTMENTS: STRINGFELLOW, Joel T.; STRINGFELLOW, Terry L.; ELLISON, Lee Wayne; and MANGRUM, Brian
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the July 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”.
JOEL T. STRINGFELLOW, age 54, and TERRY L. STRINGFELLOW, age 51, both of Calera, Oklahoma.
Money Laundering and Bankruptcy Fraud.
The twelve count indictment relates to bankruptcies filed in 2003 by Sioux Redi-Mix, Inc. and Sioux Aggregates, Inc., in the Eastern District of Oklahoma. The indictment alleges that Joel Stringfellow fraudulently transferred the companies’ assets in anticipation of the bankruptcies, fraudulently receiving the corporations’ assets while they were in bankruptcy and money laundering. Terry Stringfellow is charged with making false declarations under penalty of perjury in the bankruptcy cases. The defendants are husband and wife. Charges arose from an investigation by the Federal Bureau of Investigation, Internal Revenue Service, and the United States Trustee Program, a component of the U.S. Department of Justice which acts in the public interest to promote the efficiency and to protect and preserve the integrity of the bankruptcy system. The charges are in violation of Title 18, U.S.C. §§ 1957 and 2; Title 18, U.S.C. §§ 152(5) & (7) and 2; and Title 18, U.S.C. § 152(3).
(Up to 10 years imprisonment and/or fine (Joel Stringfellow), and up to 5 years imprisonment and/or fine (Terry Stringfellow.)
Assistant United States Attorney Gay Guthrie and Special Assistant United States Attorney David Newman
LEE WAYNE ELLISON, age 35, and BRIAN MANGRUM, age 41, of McIntosh County, Oklahoma.
Possession with Intent to Distribute Methamphetamine.
The defendants allegedly 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, in violation of Title 21, U.S.C., Sections 841(a)(1) & (b)(1)(A) and Title 18, U.S.C., Section 2. The offenses allegedly took place on or about the 8th day of April 2008 in McIntosh County. Charges arose from an investigation by DEA agents in California who were monitoring another target in that state. ELLISON and MANGRUM were allegedly associates of the target in California. After a local investigation by the DEA, the defendants were located at a motel in Checotah, Oklahoma. Methamphetamine and drug paraphernalia were found in the motel room. The Oklahoma Highway Patrol assisted the DEA in the investigation.
(Not less than 10 years imprisonment and/or $4,000,000.00 in fines.)
Assistant United States Attorney Chris Wilson
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 17, 2008
SUBJECT: PRESS CONFERENCE - MARBLE CITY SCHOOLS
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announces that there will be a press conference on Friday, July 18, 2008, at 8:30 a.m., at the Marble City School grounds, north of Sallisaw, Sequoyah County, Oklahoma.
A presentation of pre-sentence restitution payments will be made to Marble City School officials by federal and state prosecutors in the matter of USA v. Larry Couch.
Couch was the superintendent of Marble City Schools at the time he embezzled funds in excess of $979,000.00 The defendant pled guilty to the charges on May 28, 2008. The plea agreement required the defendant to make restitution to the Marble City Schools.
U.S. Attorney Sperling explained: “We promptly scheduled this unique proceeding in order to return the lost money to this beleaguered little school district.”
Sentencing is pending the completion of a presentence report.
U.S. Attorney Sperling will be available for phone interviews after 11:30 am on Friday.
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 18, 2008
SUBJECT: COUCH, Larry - RESTITUTION TO MARBLE CITY SCHOOL BOARD
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, delivered checks totaling $1,088,948.41 this morning to members of the Marble City School Board.
“This proceeding renders the Marble City School District as whole as prosecutors can,” U.S. Attorney Sperling noted. “If there’s a silver lining here, it’s that the embezzled money wasn’t blown at a casino or race track or on something that sparkles, burns gas, and depreciates.”
“I understand that the Marble City fiscal year began July 1. We are hopeful that this restitution will enable the Marble City School District to invest immediately and wisely in the educations and futures of the Marble City students.”
“We were honored to meet with Superintendent Bill London and School Board Member Ramon Bolin. I am particularly grateful to Mr. Bolin for his persistence. We anticipate that these officials will work hard and proficiently, along with board members Felicia Edwards and Barry Spyres, to promote the educations of their students.”
District Attorney Jerry Moore observed, “Many of us are too familiar with the adage ‘justice grinds slowly.’ One of the reasons this case is exceptional is the swift and concise manner in which it has moved forward. It’s nice, rewarding, to be a part of a collective effort that can move a case of this magnitude to this point in just over a year. You can’t say enough positive about the federal prosecutors, the FBI, the Internal Revenue Service – Criminal Investigation Division, and the State Auditor’s Office. The individual agents from each of these agencies did an excellent job with a mountain of work. Our investigators have also received my appreciation many times over. Finally, our local office holders stepped up. Mr. Bolin and Ms. Yates must be applauded loudly. Without them – without their persistence and their sense of duty to their community and county, these crimes may have gone forever undiscovered.”
“First Assistant United States Attorney Douglas A. Horn and District Attorney Jerry Moore facilitated the presentations today,” stated U.S. Attorney Sheldon J. Sperling. “Doug was our lead federal prosecutor in this case. Jerry led the state prosecution. They worked meticulously – individually and together – to enable this outstanding result.”
“Federal Bureau of Investigation Special Agent Chris Headrick, Internal Revenue Service - Criminal Investigation Division Special Agent Marc Collins, and Oklahoma State Investigative Auditor Sherri Combs served diligently and honorably as case agents in this investigation.”
“On May 28, 2008, LARRY DUANE COUCH, age 55, of Vian, Oklahoma, pled guilty to three counts of Embezzlement of Government Funds, Making and Subscribing a False Tax Return and Forfeiture of $979,000.00.”
“The district court accepted COUCH’s guilty plea, and ordered the completion of a presentence report,” reported U.S. Attorney Sperling. “Upon its completion, sentencing will be scheduled. The defendant remains on bond, under the supervision of the United States Probation Office, pending sentencing.”
“Count One of the Information charged that the defendant, while Superintendent of the Marble City School District, embezzled and converted to his own use, property over the value of $5,000.00. The embezzled money was under the care of the Marble City School District, which received more than $10,000.00 in federal funding,” U.S. Attorney Sperling noted.
“Count Two states that the defendant, a resident of the Eastern District of Oklahoma, subscribed a 1040 United States Individual Income Tax Return, under penalties of perjury, which return was false. Count Two covers the tax year of 2003. During that tax year, the defendant claimed an adjusted gross income of $24,062.00. His adjusted gross income was actually $142,312.00.”
“Count Three is a forfeiture charge. The United States sought forfeiture of $979,000.00. The defendant has now returned the proceeds the defendant obtained as the result of the offense of embezzlement of government funds. The forfeiture count entitled the United States to seize any property, real or personal, which constitutes or is derived from proceeds traceable to the offense.”
“Count One is punishable by imprisonment not to exceed ten (10) years, a fine not to exceed $250,000.00, and a supervised release term of up to three (3) years. Count Two is imprisonable for a period not to exceed three (3) years, and a fine of not more than $250,000.00.”
“A signed plea agreement provided that the United States may seize properties until the total amount of the criminal forfeiture, $979,000.00, is completely satisfied. The defendant has tendered the following restitution payments to date:
- A check payable to the IRS in the amount of $50,000.00.
- A check payable to the IRS in the amount of $20,000.00.
- A Cashier’s Check payable to Marble City School in the amount of $109,948.41.
- A check drawn on the Law Office of Fourth Scoufos PLLC, Trust Account, made payable to Marble City School District in the amount of $100,000.00.
- A check payable to Marble City Schools in the amount of $879,000.00.
“The Marble City School Board is receiving a check today for $109,948.41. The school is hereby reimbursed both for the financial loss and for the payment of costs previously incurred to the State of Oklahoma for the costs of investigation.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 21, 2008
SUBJECT: SUMMERLIN, Edward Dale; a/k/a SUMMERLIN, Dale Edward
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that EDWARD DALE SUMMERLIN, also known as DALE EDWARD SUMMERLIN, age 50, of Sequoyah County, Oklahoma, was sentenced for Felon in Possession of Firearm and Ammunition, in violation of Title 18 U.S.C. Section 922(g).
“SUMMERLIN was sentenced to 33 months imprisonment, 24 months supervised release, and ordered to pay a Special Assessment Fee of $100.00,” stated U.S. Attorney Sheldon J. Sperling. “The defendant pled guilty on February 21, 2008.”
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Oklahoma Highway Patrol (OHP). SUMMERLIN, after previously being convicted of a felony, possessed a Savage Arms, Model 24V-A, .222 caliber/20 gauge, over and under rifle and ammunition, which had been shipped and transported in interstate commerce,” U.S. Attorney Sperling said.
“On March 9, 2007, SUMMERLIN, a convicted felon, pulled up to a safety check point in Sequoyah County. When approached by an OHP Trooper, SUMMERLIN advised he did not have a driver’s license or security verification. After being asked to step from his vehicle, SUMMERLIN admitted his license was suspended. SUMMERLIN further admitted to troopers that he had something illegal in his pocket and removed a bag of methamphetamine from his pocket. SUMMERLIN was placed under arrest. A further search revealed four (4) .222 caliber rifle shells in SUMMERLIN’s back pants pocket. During an inventory of the vehicle SUMMERLIN was driving, the trooper located a Savage .222 caliber/20 gauge, over and under rifle,” U.S. Attorney Sperling continued.
“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 sentencing. The defendant remains in the custody of the United States Marshal Service to begin serving his sentence.”
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 22, 2008
SUBJECT: VANN, Albert Lee
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALBERT LEE VANN, age 46, of Adair County, Oklahoma, pled guilty to an Information charge of Aggravated Sexual Abuse of a Minor Child in Indian Country.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Cherokee Marshal Service,” stated U.S. Attorney Sheldon J. Sperling. “VANN was indicted in June 2008.”
“On or about August 10, 2003 and July 26, 2006, within Indian Country, the defendant engaged in a sexual act with a minor Indian child who had not attained the age of 12. The charge is in violation of Title 18, U.S.C., Sections 2241(c), 1151 and 1153.”
“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.”
“The statutory range of punishment is up to life imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling.
Assistant United States Attorney Douglas A. Horn represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 24, 2008
SUBJECT: WEST, Owen Lee
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that OWEN LEE WEST, age 77, of Wagoner County, Oklahoma, pled guilty to Sexual Exploitation of a Minor Child.
“Charges arose from an investigation by the District #27 District Attorney’s Office, Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation,” stated U.S. Attorney Sheldon J. Sperling. “WEST was indicted in June 2008.”
“Between April 30, 2003 and February 7, 2008, the defendant used a digital camera and computer to produce digital photographs of a child under the age of 12. The photographs depicted the defendant sexually molesting the child and the child in sexually explicit poses displaying her genital area. The charge is in violation of Title 18, U.S.C., Section 2251(a).”
“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.”
“The statutory range of punishment is 15 to 30 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation projects a 262 – 327 month prison sentence.
“Assistant United States Attorney Chris Wilson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 28, 2008
SUBJECT: BENTLEY, Dustin Kyle
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today DUSTIN KYLE BENTLEY, age 24, of Bryan County, Oklahoma, pled guilty to Failure to Register Pursuant to Sex Offender Registration and Notification Act.
“Charges arose from an investigation by the United States Marshal Service,” stated U.S. Attorney Sheldon J. Sperling. “BENTLEY was indicted on April 17, 2008.”
“The defendant was convicted in February 2007 of Fourth Degree Criminal Sexual Conduct in the District Court of Watonwan County, in the State of Minnesota. BENTLEY is required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act. In January 2008 BENTLEY began residing in Bryan County, Oklahoma. The defendant did not register in the State of Oklahoma as required by the Act.”
“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 upon its completion. BENTLEY remains in the custody of the United States Marshal, pending sentencing.”
“The charges are in violation of Title 18, U.S.C. Section 2250. The statutory range of punishment is up to 10 years imprisonment and/or up to a $250,000.00 fine. Preliminary sentencing guidelines project the defendant could be sentenced to 15 – 24 months imprisonment.”
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 28, 2008
SUBJECT: DEAN, Michael Ray
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today MICHAEL RAY DEAN, age 28, of Okmulgee, Oklahoma, pled guilty to Embezzlement and Theft from an Indian Tribal Organization.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Muskogee Creek Nation Attorney General’s Office,” stated United States Attorney Sheldon J. Sperling. “DEAN was indicted on June 18, 2008.”
“DEAN converted to his own use approximately $8,107.75 from the Creek Nation Travel Plaza. The defendant worked as a clerk behind the counter at the travel plaza at the time of the offenses. The offenses took place from on or about July 2003 through January 18, 2007. The charges are in violation of Title 18, U.S.C., Section 1163.
“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 upon its completion. DEAN remains on bond, pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to a $250,000.00 fine. Preliminary sentencing guidelines project the defendant could be sentenced to up to 6 months imprisonment.”
“Assistant United States Attorney Linda A. Epperley represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 28, 2008
SUBJECT: FRANCIS, Hannah Elizabeth
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today HANNAH ELIZABETH FRANCIS, age 60, of Tulsa, Oklahoma, pled guilty to Embezzlement and Theft from an Indian Tribal Organization.
“Charges arose from an investigation by the Federal Bureau of Investigation and the Muskogee Creek Nation Attorney General’s Office,” stated United States Attorney Sheldon J. Sperling. “FRANCIS was indicted on June 18, 2008.”
“FRANCIS converted to her own use approximately $7,252.00 from the Muskogee Creek Nation Tax Commission. FRANCIS worked as a counter clerk receiving payments from customers for car tag sales at the time of the offenses. The offenses took place from on or about July 2003 through March 7, 2007. The charges are in violation of Title 18, U.S.C., Section 1163.”
“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 upon its completion. FRANCIS remains on bond, pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to a $250,000.00 fine. Preliminary sentencing guidelines project the defendant could be sentenced to up to 6 months imprisonment.”
“Assistant United States Attorney Linda A. Epperley represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 28, 2008
SUBJECT: HARDING, Freda
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today FREDA HARDING, age 54, of Tullahassee, Oklahoma, pled guilty to theft from the Social Security Administration.
“Charges arose from an investigation by the Social Security Administration,” stated U.S. Attorney Sheldon J. Sperling. “The defendant was indicted on June 18, 2008.”
“HARDING received and negotiated monthly checks from the Social Security Administration that were for the benefit of her grandmother, Lucinda Johnson. On or about April 25, 2003, Lucinda Johnson passed away. The defendant did not notify the Social Security Administration of the death of her grandmother. From May 2003 through May 2007, HARDING received and negotiated approximately 98 monthly checks totalling $25,844.40.”
“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 upon its completion. HARDING was released on bond, pending sentencing.”
“The charges are in violation of Title 18, U.S.C., Section 641. The statutory range of punishment is up to 10 years imprisonment and/or $250,000.00 fine, each count. Preliminary sentencing guidelines project the defendant could be sentenced to up to 6 months imprisonment and 3 years probation for each count.”
“Assistant United States Attorney Paul G. Hess represented the United States.”
Back to TOP
--------------------------------------------------------------------------------
FOR RELEASE: July 29, 2008
SUBJECT: PACHECO, Jose Miguel; a.k.a. "BEBE"
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today JOSE MIGUEL PACHECO, a/k/a BEBE, age 19, of Muskogee, Oklahoma, pled guilty to Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
“Charges arose from an investigation by the Department of Alcohol, Tobacco, Firearms and Explosives,” stated United States Attorney Sheldon J. Sperling. “PACHECO was indicted on June 18, 2008.”
“The defendant conspired with others on numerous dates from March 14, 2008 to April 3, 2008, to possess and distribute marijuana and methamphetamine, in violation of Title 21, U.S.C., Section 846. PACHECO, a convicted felon, was also in possession of a firearm during and in relation to a drug trafficking crime, in violation of Title 18, U.S.C., Section 922(g)(1).”
“PACHECO was caught selling marijuana and methamphetamine while possessing a firearm during an undercover police operation. The operation resulted in search warrants on vehicles, a residence, and a storage unit, all of which resulted in the seizure of evidence relating to the conspiracy and firearms charges.”
“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 pleas. The Court ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. PACHECO remains in the custody of the United States Marshal, pending sentencing.”
“The statutory range of punishment for Conspiracy is not less than 5 nor more than 40 years imprisonment and/or up to a $2,000,000.00 fine, and not less than 5 years and a fine of up to $250,000.00 for the possession of a firearm charge. Preliminary sentencing guidelines project the defendant could be sentenced to a 5 years imprisonment for each charge.”
“Assistant United States Attorney Dean Burris represented the United States.”
Back to TOP