KANSAS CITY, KAN. – Two executives of the Hitchin’ Post Steak Co., in Kansas City, Kan., have been indicted on charges of selling misbranded and adulterated poultry products, U.S. Attorney Barry Grissom said today.

Craig Cunningham, 54, Leawood, Kan., and Jason Cunningham, 36, Olathe, Kan., are charged with the following counts:
One count of conspiracy to transport and sell adulterated and misbranded food items.
One count of selling and transporting adulterated poultry products from Kansas to Oklahoma and Minnesota.
One count of unlawfully using an official mark of inspection on adulterated poultry products without the authorization of the U.S. Dept. Of Agriculture.
One count of misrepresenting that poultry products sold and transported from Kansas to Oklahoma and Minnesota had passed federal inspection.

In addition, Jason Cunningham is charged with one count of unlawfully using an official mark of inspection on adulterated poultry products without the authorization of the U.S. Dept. of Agriculture, and one count of transporting and selling adulterated poultry products from Kansas to Oklahoma and Minnesota.

The crimes are alleged to have occurred from March to December 2008 in Kansas City, Kan.

Upon conviction, the crimes carry the following penalties:
Conspiracy to transport and sell misbranded or adulterated poultry: A maximum penalty of five years in federal prison and a fine up to $250,000.
Unauthorized use of an official mark of inspection: A maximum penalty of a year in federal prison and a fine up to $100,000.
Selling or processing poultry products that were misrepresented as having been inspected: A maximum penalty of a year and a fine up to $100,000.
Selling adulterated poultry products: A maximum penalty of three years and a fine up to $250,000.
Unauthorized use of an official mark of inspection on adulterated poultry products: A maximum penalty of three years and a fine up to $250,000.
Misrepresenting that poultry products were inspected: A maximum penalty of three years and a fine up to $250,000.

The U.S. Dept. Of Agriculture investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

OTHER INDICTMENTS

A grand jury meeting in Kansas City, Kan., also returned the following indictments:

Cornelius P. Reimer, 42, Seminole, Texas, is charged with one count of money laundering and one count of bulk cash smuggling,. The indictment alleges that on Jan. 19, 2012, in Sedgwick County Reimer attempted to deliver $218,755 representing the proceeds of unlawful activity.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Drug Enforcement Administration investigated. The U.S. Attorney’s Office is prosecuting.

Jason Ham, 21, Kansas City, Kan., and Holly Lindsey, 29, Kansas City, Kan., are charged with two counts of bank robbery.

They initially were charged in a criminal complaint filed Jan. 19.

The indictment alleges that on Dec. 22, 2011, they robbed Bank Midwest at 4600 Shawnee Drive in Kansas City, Kan., and again on Jan. 17, 2012, they robbed the same bank.

If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. The FBI and the Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Leon Patton is prosecuting.

Juan Estrada-Derano, 29, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found Sept. 21, 2011, in Johnson County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Oscar Calvin III, 37, Kansas City, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 10, 2012, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

Jose Acosta-Gutierrez, 37, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Dec. 28, 2011, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney David Smith is prosecuting.

Julio Pena-Carrillo, 31, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found Nov. 29, 2011, in Wyandotte County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

Francisco Rodriguez-Menendez, 35, who is not a citizen of the United States, is charged with re-entering the United States after being convicted of a felony and deported. He was found Oct. 4, 2011, in Johnson County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

 

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