Seven Individuals Indicted In November Federal Grand Jury

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the November 2017 Federal Grand Jury.

“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court.  Federal prison sentences are non-parolable.”

RODNEY PHILLIP AIRD, age 50, of Seminole, Oklahoma

Possession With Intent To Distribute Methamphetamine

The Indictment alleges that on or about August 13, 2017, within the Eastern District of Oklahoma, the defendant, RODNEY PHILLIP AIRD, did knowingly and intentionally possess with the intent to distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by no more than 40 years imprisonment, a fine up to $5,000,000.00 or both.

The charge arose from an investigation by the Seminole Nation Tribal Police, the Bureau of Indian Affairs, and the Drug Enforcement Administration.

Assistant United States Attorney John David Luton

KRISTI MICHELLE JUAREZ, age 32, of Sanger, Texas

Theft By Officers Or Employees Of An Indian Gaming Establishment

The Indictment alleges that on January 2, 2017, in the Eastern District of Oklahoma, KRISTI MICHELLE JUAREZ, defendant herein, while an employee of the Chickasaw Nation WinStar World Casino and Resort, did embezzle, abstract, purloin, willfully misapply, and take and carry away in excess of $1,000.00 of moneys belonging to the Chickasaw Nation WinStar World Casino and Resort, an Indian gaming establishment operated by the Chickasaw Nation, pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, in violation of Title 18, United States Code, Section 1168(b), punishable by up to 20 years imprisonment, a fine up to $1,000,000.00 or both.

The charge arose from an investigation by the Federal Bureau of Investigation, and the Bureau of Indian Affairs.

Assistant United States Attorney John David Luton

MANUEL EMILIO PAYANO, age 42, of Hazleton, Pennsylvania

ANGEL VEGA, age 43, of Philadelphia, Pennsylvania

Possession With Intent To Distribute Cocaine

The Indictment alleges that on or about October 16, 2017, within the Eastern District of Oklahoma, the defendants, MANUEL EMILIO PAYANO and ANGEL VEGA, did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section 2, punishable by not less than 10 years imprisonment, a fine up to $10,000,000.00 or both.

The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.

Assistant United States Attorney Dean Burris

JUSTIMIANO PEREZ DIAZ, age 42, of Stigler, Oklahoma

Enticement Of A Minor Using The Internet

The Indictment alleges that from in or about September 2017, the exact date being unknown to the Grand Jury, until on or about October 16, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, JUSTIMIANO PEREZ DIAZ, 42 years old, did use a facility and means of interstate commerce, the Internet, to attempt to knowingly persuade, induce, and entice an individual whom he believed was 13 years old, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law, to wit: Title 21, Oklahoma Statute, Section 1123, Lewd or Indecent Proposals or Acts with a Child under 16, in violation of Title 18, United States Code, Section 2422(b), punishable by not less than 10 years imprisonment, a fine up to $250,000.00 or both.

The charge arose from an investigation by the Wagoner Police Department and the Federal Bureau of Investigation.

Assistant United States Attorney Edward Snow

DARRELL LEE McLEMORE, age 55, of Porum, Oklahoma

Concealment Of A Material Fact
False Statement (Two Counts)

The Indictment alleges that from in or about October 2012 and continuing through in or about October 2017, within the Eastern District of Oklahoma and elsewhere, the ,defendant DARRELL LEE McLEMORE, in a matter within the jurisdiction of Social Security Administration, having knowledge of the occurrence of an event affecting the right to receive or continue to receive Social Security Supplemental Security Income payments, concealed and failed to disclose such event with the intent to fraudulently secure payment when no payment was authorized.  Specifically, defendant DARRELL LEE McLEMORE intentionally concealed that DARRELL LEE McLEMORE secured gainful employment and owned or acquired assets, which would disqualify him from eligibility for the payments, in order to receive and continue to receive Supplemental Security Income payments made by the Social Security Administration to him.  By such action, defendant DARRELL LEE McLEMORE took approximately $48,075.00 in Social Security Supplemental Security Income payments to which he was not entitled, in violation of Title 42, United States Code, Section 1383a(a)(3), punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about February 1, 2017, within the Eastern District of Oklahoma, the defendant, DARRELL LEE McLEMORE, did knowingly make or caused to be made any false statement or representation of a material fact to the Social Security Administration used to determine the right for any payment.  Specifically, DARRELL LEE McLEMORE participated in a redetermination conference wherein DARRELL LEE McLEMORE stated that DARRELL LEE McLEMORE had not worked since the date of DARRELL LEE McLEMORE’s last eligibility determination, when, in fact, DARRELL LEE McLEMORE knew that he had been gainfully employed during the period, in violation of Title 42, United States Code, Section 1383a(a)(2). punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about June 14, 2016, within the Eastern District of Oklahoma, the defendant, DARRELL LEE McLEMORE, did knowingly and willfully, make a materially false statement or representation, in a matter within the jurisdiction of the Social Security Administration of the United States, by submitting a Form SS-5 Application for a Social Security Card and stating to a Social Security Administration Service Representative that he had never applied for or been issued a Social Security Card, when, in fact, defendant, DARRELL LEE McLEMORE, knew that he had been assigned a Social Security Number and issued a Social Security Card on or about October 14, 1975, in violation of Title 18, United States Code, Section 1001, punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Social Security Administration Office of Inspector General.

Assistant United States Attorney Rob Wallace

TIFFANY RHEA SPEARS, age 30, of Thackerville, Oklahoma

Bank Theft, Embezzlement And Misapplication
False Entry In The Books Of A Federally Insured Bank (Four Counts)
Bank Fraud

The Indictment alleges that from on or about January 6, 2017, until on or about June 5, 2017, within the Eastern District of Oklahoma, defendant TIFFANY RHEA SPEARS, being an officer, director, agent, or employee of, or connected in a capacity with, Citizens Bank and Trust of Ardmore, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud the said Citizens Bank and Trust of Ardmore, Oklahoma, willfully misapplied,  embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets or securities entrusted to the custody or care of Citizens Bank and Trust of Ardmore, Oklahoma, in that the defendant made advances on certain customer loans and withdrew cash from the accounts of certain bank customers and misapplied, embezzled, abstracted and purloined the funds for her own use or benefit, in violation of Title 18, United States Code, Section 656, punishable by not more than 30 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that from on or about January 6, 2017, until on or about June 5, 2017, within the Eastern District of Oklahoma, defendant TIFFANY RHEA SPEARS, with the intent to deceive an officer of Citizens Bank and Trust of Ardmore, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, knowingly made false entries in the books, reports, or statements of Citizens Bank and Trust of Ardmore, Oklahoma, as set forth in the table below, in that defendant created false transaction documents showing customers advancing monies on their loans and withdrawing cash from their accounts, when in truth and in fact, as the defendant well knew, the advances and withdrawals from customer accounts were by, and for the benefit of, the defendant, punishable by not more than 30 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that from on or about January 6, 2017, until on or about June 5, 2017, within the Eastern District of Oklahoma, defendant, TIFFANY RHEA SPEARS, devised, executed, and attempted to execute a scheme and artifice to obtain moneys, funds, credits, assets, securities, or other property under the custody or control of Citizens Bank and Trust of Ardmore, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, by means of materially false and fraudulent pretenses, representations, and promises.

The charges arose from an investigation by the Federal Reserve Office of Inspector General.

Assistant United States Attorney Rob Wallace