News and Press Releases

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William J. Ihlenfeld, II

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

February 1, 2011

Martinsburg Attorney Sentenced on
Mail Fraud and Wire Fraud Charges

MARTINSBURG, WEST VIRGINIA — A 32 year old Martinsburg, West Virginia, resident was sentenced on January 25, 2011, in United States District Court in Martinsburg by Chief Judge John Preston Bailey.

United States Attorney William J. Ihlenfeld, II, announced that HEIDI J. SILVER MYERS was sentenced to five years probation and ordered to pay restitution in the amount of $292,617.35. MYERS, a former Martinsburg attorney, previously entered guilty pleas on April 1, 2010, to charges of mail and wire fraud, stemming from her participation in a scheme to fraudulently obtain money from the State of West Virginia and from Daniels Capital Corporation. During the period of the scheme, MYERS and Nancy P. Burkhart, her co-defendant and legal assistant, submitted bills requesting payment from the West Virginia Public Defender Services, the state agency responsible for paying attorneys who represent indigent criminal defendants. The bills falsely reported the number of hours that MYERS had actually spent on the various cases and also contained charges for services which MYERS never in fact provided.

When the funds budgeted for attorneys performing work for the Public Defender Services were depleted for the fiscal year, MYERS contracted with Daniels Capital Corporation for the purchase of her remaining accounts receivable. In sentencing MYERS, the Court specifically noted that MYERS had already served four months imprisonment on the related criminal contempt conviction, which resulted when MYERS and her co-defendant destroyed evidence subpoenaed by the federal grand juries investigating the scheme and the conduct of MYERS and Burkhart. The Court also acknowledged that MYERS had provided information to investigators and prosecutors relative to roles which she and her co-defendant played in the criminal scheme.

Burkhart pled guilty on November 29, 2010, to committing perjury before a federal grand jury.

The case was prosecuted by Assistant United States Attorneys Paul T. Camilletti and Thomas O. Mucklow. The case was investigated by the West Virginia Commission on Special Investigations and the United States Postal Inspection Service.