DOJ SealDepartment of Justice

United States Attorney Rebecca A. Gregory
Eastern District of Texas

FOR IMMEDIATE RELEASE                                               CONTACT:  DAVILYN WALSTON
WEDNESDAY, JULY 9, 2008                                                PUBLIC INFORMATION OFFICER
WWW.USDOJ.GOV/USAO/txe                          PHONE: (409) 839-2538 CELL: (409) 553-9881

 

FEDERAL GRAND JURY RETURNS INDICTMENTS
 IN THE EASTERN DISTRICT OF TEXAS

 

            SHERMAN, TX—United States Attorney Rebecca A. Gregory announced that a federal grand jury returned indictments today charging multiple individuals in separate cases of federal violations in the Eastern District of Texas. 
 
            JASON DONELL GIVENS, 30, of Greenville, Texas, was indicted for being an Unlawful User of a Controlled Substance in Possession of a Firearm.  If convicted, Givens faces up to 10 years in federal prison and a fine of up to $250,000.00.  Additionally, the firearms are subject to federal forfeiture laws.

            This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Errin Martin.

            ZACHARY THOMAS OTTO, 21, of Gainesville, Texas, was indicted for being an Unlawful User of a Controlled Substance in Possession of a Firearm.  If convicted, Otto faces up to 10 years in federal prison and a fine of up to $250,000.00.  Additionally, the firearms are subject to federal forfeiture laws.
  
            KASEY ENGLE, 35, of Dallas, has been indicted for bank fraud and aggravated identity theft.  According to the indictment, in January 2008, Engle presented a check, drawn on an account at Wells Fargo Bank to Target using the identity of another person and forging that individual's signature on the check.  If convicted, Engle faces up to 30 years in federal prison and a fine of up to $1 million.

            This case is being investigated by the United States Secret Service and prosecuted by Assistant United States Attorney M. Andrew Stover.

            THOMAS LOPEZ, III, 29, of Leonard, Texas, was indicted for Illegal Receipt of a Firearm by a Person Under Indictment and for Use, Carrying or Possession of a Firearm During, in Relation to and in furtherance of a Drug Trafficking Crime.  If convicted, Lopez faces up to 5 years in federal prison and a fine of up to $250,000.00.  Additionally, the firearms are subject to federal forfeiture laws.

            This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Errin Martin.

            PHILIP G. KELLAR, 54 and MICHELE G. KELLAR, 47 of Argyle, Texas, have been indicted for evasion of payment of taxes.  According to the indictment, from 2001 to 2008, the Kellars willfully attempted to evade payment of their income taxes in the amount of $210,000 by filing false Forms W-4 and attachments; filing false "Withholding Exemption Certificates"; not filing a tax return for tax year 2000; filing returns for tax years 2001, 2002, and 2003 in January of 2006; submitting correspondence intended to obstruct the collection of taxes to the IRS; submitting checks designated for payment of taxes to the IRS that were drawn on accounts that contained insufficient funds; and placing income in a bank account that bore the name of a third party entity.  If convicted, the Kellars each face up to 5 years in federal prison and a fine of up to $250,000.

            This case is being investigated by the Internal Revenue Service and prosecuted by Assistant United States Attorney Shamoil Shipchandler.

            It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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