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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

Betsy C. Jividen
UNITED STATES ATTORNEY


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

 

May 20, 2010
FOR IMMEDIATE RELEASE

 

 

Grand Jury Indicts Three Individuals

MARTINSBURG, WEST VIRGINIA - Three individuals were named in three Indictments returned on May 19, 2010, by a Federal Grand Jury sitting in Martinsburg, West Virginia.

United States Attorney Betsy C. Jividen announced that:

❶DOMINGO MENDEZ-DE LAW CRUZ, age 28, was named in a one-count Indictment. MENDEZ-DE LAW CRUZ is charged with the reentry into the United States on April 22, 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 April 1, 2006. If convicted, MENDEZ-DE LAW CRUZ faces a maximum penalty of 2 years imprisonment and a fine of $250,000. The case will be prosecuted by Assistant United States Attorney Erin K. Reisenweber and was investigated by Immigration and Customs Enforcement.

➋JULIO HERNANDEZ-TOPIA, age 36, was named in a one-count Indictment. HERNANDEZ-TOPIA is charged with the reentry into the United States on April 22, 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 twice been deported on September 10, 2007, and November 8, 2007. If convicted, HERNANDEZ-TOPIA faces a maximum penalty of 2 years imprisonment and a fine of $250,000. The case will be prosecuted by Assistant United States Attorney Erin K. Reisenweber and was investigated by Immigration and Customs Enforcement

❸NANCY P. BURKHART, age 51, of Martinsburg, West Virginia, was named in a four-count Indictment. BURKHART is charged with committing perjury before a Federal Grand Jury on November 14, 2006, and on three occasions on December 5, 2006, while under oath and testifying in an ongoing investigation. If convicted, BURKHART faces a maximum penalty of 5 years imprisonment and a fine of $250,000 on each count. The case will be prosecuted by Assistant United States Attorney Thomas O. Mucklow and was investigated by the United States Postal Inspection Service.

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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