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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

Betsy C. Jividen
Acting UNITED STATES ATTORNEY


1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Fawn E. Thomas, Public Affairs Specialist

 

April 7, 2010
FOR IMMEDIATE RELEASE

 

 

Grand Jury Indicts Five Individuals

WHEELING, WEST VIRGINIA - Five individuals were named in five Indictments returned on April 6 and 7, 2010, by a Federal Grand Jury sitting in Wheeling, West Virginia.

Acting United States Attorney Betsy C. Jividen announced that:

❶JAMES ROBERT BRADLEY, age 38, of Reader, West Virginia, was named in a two-count Indictment. Count One charges BRADLEY with possession of a firearm on February 1, 2010, in Reader, after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year. Count Two charges BRADLEY with possession of an unregistered firearm on February 1, 2010, in Reader. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit the two firearms from BRADLEY. If convicted, BRADLEY faces a maximum exposure of 10 years imprisonment and a fine of $250,000 on each count. This case will be prosecuted by Assistant United States Attorney David J. Perri and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

❷PATRICK ZACHARY ZETKA, age 29, of Brownsville, Pennsylvania, was named in a one-count Indictment charging him with the bank robbery on August 11, 2009, of WesBanco located at 141 Zane Street, Wheeling. If convicted, ZETKA faces a maximum exposure of 20 years imprisonment and a fine of $250,000. The case will be prosecuted by Assistant United States Attorney Randolph J. Bernard and was investigated by the Federal Bureau of Investigation.

❸TRAVIS ANTONIO LEE, age 24, of LaPlata, Maryland, was named in a three-count Indictment. Count One charges LEE with use of a counterfeit access device on March 5, 2010, in Hancock County, West Virginia, specifically using a counterfeit MasterCard in an attempt to fraudulent obtain a $6,000 cash advance. Count Two charges LEE with possession of more than 15 counterfeit access devices on March 5, 2010, in Hancock County. Count Three charges LEE with possession of device-making equipment on March 5, 2010, in Hancock County. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit all of the counterfeit access devices, device-making equipment, illicit authentication features, identification documents, document-making implements or means of identification and any personal property used or intended to be used to commit the offense and any property consisting or derived from proceeds obtained as a result of such violations. If convicted, LEE faces a maximum exposure of 10 years imprisonment and a fine of $250,000 on Count One and 15 years imprisonment and a fine of $250,000 on each of Counts Two and Three. The case will be prosecuted by Assistant United States Attorney Randolph J. Bernard and was investigated by the United States Secret Service.

❹OMAR ANTONIO ESCALANTE-REINA, formerly of El Salvador, was named in a one-count Indictment. ESCALANTE-REINA is charged with the reentry into the United States on February 18, 2010, without the consent of the Secretary of Homeland Security nor the Attorney General of the United States to reapply for admission to the United States, after having been deported on July 25, 2008. If convicted, EXCALANTE-REINA faces a maximum penalty of 2 years imprisonment and a fine of $250,000. The case will be prosecuted by Assistant United States Attorney John C. Parr and was investigated by Immigration and Customs Enforcement.

❺R. RAJAN BAKHSHISH MASIH, age 46, of Petersburg, West Virginia, was named in a 131-count Superseding Indictment charging him with illegally distributing controlled substances to patients on twenty-one separate occasions between October 23, 2007, and April 15, 2008. The Indictment also charges that on four occasions between November 28, 2007, and February 20, 2009, MASIH illegally distributed and dispensed controlled substances to individuals resulting in the death of those individuals from the use of the substances. MASIH is also charged with two counts of the distribution of drugs on March 10, 2009, and March 13, 2009, to a person under the age of 21-years. The Indictment further alleges that DR. MASIH did not distribute the substances for legitimate medical purposes in the usual course of a professional medical practice. MASIH is further charged with 103 counts of the illegal possession of drugs by a physician with intent to distribute between January 1, 2006, and January 4, 2007. Count 131 of the Indictment charges MASIH with a conspiracy to possess with intent to distribute Schedule II and Schedule III narcotics and controlled substances from December of 2005 to August of 2009 in Hardy County, West Virginia.

If convicted, DR. MASIH faces a maximum penalty of 20 years imprisonment and a fine of $1,000,000 on each of the 21 distribution and 1 conspiracy counts; a statutory mandatory minimum penalty of 20 years imprisonment and a maximum penalty of life imprisonment and a fine of $1,000,000 on each of the distribution resulting in death counts; 1 to 40 years imprisonment and a fine of $2,000,000 on the first distribution to an individual under the age of 21; 1 to 10 years imprisonment and a fine of $2,000,000 on the second distribution to an individual under the age of 21; and 5 years imprisonment and a fine of $1,000,000 on each of the 103 possession charges. The case will be prosecuted by Assistant United States Attorneys Robert H. McWilliams, Jr. and Stephen D. Warner. and was investigated by the Drug Enforcement Administration, Hagerstown, Maryland, Task Force; the West Virginia State Police; the Department of Health and Human Services-Office of Inspector General; the West Virginia Insurance Commission; the Grant County Sheriff’s Department; and the City of Moorefield Police Department.

It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.

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