U.S. Attorney media releases
By U.S. Departent of Justice
Aug 31, 2007
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TEXARKANA MAN SENTENCED FOR CHILD PORNOGRAPHY

TEXARKANA, TX – United States Attorney John L. Ratcliffe announced today that a 48-year-old Texarkana man has been sentenced to 120 months in federal prison for possessing material involving the sexual exploitation of minors in the Eastern District of Texas.

CARREL WAYNE NEWCOMB was sentenced today by United States District Judge David Folsom.

According to information presented in court, on November 20, 2006, law enforcement authorities seized a computer from Newcomb’s Texarkana residence during the execution of a federal search warrant.  A forensic analysis of the computer revealed more than 70 visual depictions involving minors engaged in sexually explicit conduct

This case is part of Project Safe Childhood (PSC).  In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protest children from online exploitation and abuse.  Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For information about Project Safe Childhood, visit www.projectsafechildhood.gov/.

This case was investigated by the Federal Bureau of Investigation and the Longview Police Department and was prosecuted by Assistant United States Attorney Gregg A. Marchessault.

TWO SENTENCED FOR DRUG VIOLATIONS IN NORTHEAST TEXAS

TEXARKANA, TX --  United States Attorney John L. Ratcliffe announced today that two men have been sentenced to federal prison for separate drug-related charges in the Eastern District of Texas. 

REGINALD M. BLACK, 23, of Texarkana, Texas pleaded guilty on April 25, 2007, to possession with intent to distribute crack cocaine and possession of a firearm at the time of the drug offense.  Black was sentenced to 199 months in federal prison today by United States District Judge David Folsom.

According to information presented in court, Black was arrested on July 28, 2006 and found to be in possession of crack cocaine and a firearm.  Black was indicted by a federal grand jury in November 2006 and charged with federal drug violations. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Texas Department of Public Safety and prosecuted by Assistant United States Attorney William Baldwin.

In a separate case, MIKE ADAN FELIX, 34, of Laredo, pleaded guilty on March 5, 2007 to conspiracy to possess with intent to distribute cocaine and was sentenced to 27 months in federal prison today by Judge Folsom.

According to information presented in court, on July 13, 2005, Felix left his home in Laredo, Texas and travelled with another person to San Antonio, Texas where he received a pickup to drive along with an auto transport trailer loaded with a Mercury automobile.  The Mercury contained approximately twenty kilos of cocaine that was located within a hidden compartment.  The plan was for Felix to drive the Ford pickup hauling the trailer with the Mercury for the purpose of delivering the cocaine to an individual in Chicago, Illinois.  On July 14, 2005, in Titus County, Texas Felix was driving the Ford pickup eastbound on I-30 when he was stopped by a Texas Department of Public Safety Trooper for a traffic violation.  The cocaine was discovered in the Mercury during a consent search.

This case was investigated by the Texas Department of Public Safety and prosecuted by Assistant United States Attorney Gregg A. Marchessault. 

TYLER LAWYER SENTENCED FOR WIRE FRAUD

TYLER, TX --    United States Attorney John L. Ratcliffe announced today that a 46-year-old Tyler lawyer has been sentenced to 120 months in federal prison ordered to pay $9.1 million in restitution for wire fraud in the Eastern District of Texas. 

MICHAEL J. WING had pleaded guilty on April 24, 2006 to wire fraud.  He was sentenced today by United States District Judge Leonard Davis.

According to information presented in court, Wing was indicted on April 4, 2006 on wire fraud charges.  The indictment states that from 2002 to 2004, Wing lured potential investors by representing that their money would be used to purchase short-term securities from Fortune 500 companies.  Wing specifically represented that he was an international mergers and acquisition lawyer who had been retained by a Fortune 500 company, that the company was in the final stages of closing a major merger or acquisition, and that the company needed short-term financing to complete the acquisition.  Wing told investors that he could not identify the company because of various securities laws, and therefore the companies were identified by code names, like the Higgons Group, the Baker Group and Renaissance Investments, LLC.  In some instances, Wing told investors that he was personally worth hundreds of millions of dollars, but could not invest in the short-term loans himself because of conflicts of interest rules.  The indictment identifies eight different investments in which Wing took investments from five different investors, supposedly to purchase these short-term securities from the companies.

Wing pleaded guilty to defrauding an investor identified as RB of $500,000 on or around June 4, 2004.  Wing also acknowledged that he defrauded more than 10 victims of over $7 million.  At the sentencing hearing, the Court recognized approximately 50 victims who were defrauded of $9,171,262.  The Court ordered Wing to repay the defrauded investors immediately.

The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys Wes Rivers and Arnold Spencer.

SHERIFF'S DEPUTY GUILTY OF POSSESSING CHILD PORNOGRAPHY

TYLER, TX - United States Attorney John L. Ratcliffe announced today that a 36-year-old former Rusk County Sheriff's deputy has pleaded guilty to possessing child pornography in the Eastern District of Texas.

KENNETH CALVIN MARTIN, of Henderson, pleaded guilty to possession of material involving the sexual exploitation of minors today before United States Magistrate Judge John Love.

U.S. Attorney Ratcliffe said, "It's unfortunate when those sworn to uphold the law engage in criminal activity of any nature.  Today's guilty plea underscores our commitment to prosecute anyone and everyone involved in the sexual exploitation of a child."

According to evidence presented in court by prosecutors, on April 30, 2007, a Rusk County Deputy Sheriff discovered multiple files containing material involving the sexual exploitation of minors on a laptop computer within a patrol vehicle.  The deputy contacted his supervisor and an investigation revealed that on November 27, 2006 Martin, who was employed as a Rusk County Deputy Sheriff, had used the laptop computer to access the internet using a wireless card installed in the computer and downloaded the material.  A federal search warrant was then executed at Martin's Rusk County residence on May 2, 2007.  Forensic analysis of the laptop in the patrol vehicle and Martin's personal computer from his residence revealed a total of 23 digital images and 12 video clips involving minors engaged in sexually explicit conduct.           

This case is part of Project Safe Childhood (PSC).  In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protest children from online exploitation and abuse.  Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For information about Project Safe Childhood, visit www.projectsafechildhood.gov/.

Martin faces up to ten years in federal prison and a fine of up to $250,000 at sentencing.  A sentencing date has not been set. 

This case is being investigated by the Federal Bureau of Investigation and the Longview Police Department and is being prosecuted by Assistant United States Attorney Gregg A. Marchessault.

LUBBOCK, TEXAS, MAN SENTENCED TO FIVE YEARS IN FEDERAL PRISON, WITHOUT PAROLE, FOR MAKING FALSE STATEMENTS IN CONNECTION WITH A HEALTH CARE MATTER

Defendant Also Ordered to Pay Approximately $662,000 Restitution to Texas Medicaid

LUBBOCK, Tx. — Paul Mason, of Lubbock, was sentenced by U.S. District Judge Sam R. Cummings to 60 months in prison and ordered to pay $662,037.48 in restitution to Texas Medicaid, announced. U.S. Attorney Richard B. Roper of the Northern District of Texas.  Mason pled guilty in May to one count of false statements in connection with a health care matter.  Judge Cummings ordered that Mason, 38, surrender to the Bureau of Prisons on September 28, 2007.

The federal charges against Paul Mason’s wife, Janice Linn Mason, 63, a Licensed Professional Counselor, and approved Medicaid provider, were dismissed after she pled guilty to a state felony charge of Medicaid Fraud in the 137th District Court in Lubbock County.  She was sentenced to ten years probation, 320 hours of community service, and ordered to pay $330,000 in restitution to Texas Medicaid.

Oak Tree Counseling was the name of Linn Mason’s counseling practice, and from February 1997 to January 2004, it was located at 4630 50th Street in Lubbock.  In January 2004, Oak Tree Counseling’s offices moved to Paul and Linn Mason’s home on 150th Street in Lubbock.

Paul Mason admitted that beginning in January 2002 and continuing to December 12, 2006, he filed, and caused to be filed, claims to Medicaid for reimbursement for counseling services that were never performed.  By submitting false claims to Medicaid, Mason caused Medicaid to pay more than $650,000 for counseling services that were never provided to Medicaid patients.  The restitution ordered as part of the judgment against Mason will reimburse the Medicaid trust fund that provides medical, dental, and mental health services to Texas’ neediest residents, primarily women and children.

U.S. Attorney Roper praised the excellent investigative work of Texas Attorney General Greg Abbott’s Office - Medicaid Fraud Unit and said, “This case is the result of another a thorough investigation conducted by General Abbott’s Medicaid Fraud Unit.  Our cooperative efforts with the Attorney General’s office are critical to ferreting out and prosecuting these types of cases.”

The case was prosecuted by Special Assistant U.S. Attorney Amy Burch of the Lubbock, Texas, U.S. Attorney’s Office.

EDMOND HOME-BUILDER PLEADS GUILTY TO FILING A FALSE TAX RETURN

Oklahoma City, Oklahoma – John C. Richter, United States Attorney for the Western District of Oklahoma, announced that MICHAEL R. TODD, 42, of Edmond, pled guilty today to filing a false federal income tax return for the 2004 calendar year by falsely reporting his taxable income.  As part of the plea, Todd agreed that the tax loss resulting from his false tax return was between $80,000 and $200,000 for sentencing guidelines purposes. 

At sentencing, Todd faces up to three years in prison and a fine of $100,000, plus restitution.  A sentencing hearing will be set by the Court in approximately 90 days.

This case was investigated by the Criminal Investigative Division of the Internal Revenue Service, the Federal Bureau of Investigation and the United States Secret Service.  The case was prosecuted by Assistant United States Attorney Vicki Zemp Behenna.

Local Businessman Sentenced to Three Years in Federal Prison, Without Parole, For Filing a Fraudulent Tax Return

Defendant Admitted Embezzling Approximately $728,000

DALLAS — John Mabry, a former managing partner of a meeting planning and coordination service, was sentenced yesterday by U.S. District Judge Ed Kinkeade to three years in prison, announced U.S. Attorney Richard B. Roper of the Northern District of Texas. Mabry
pled guilty in December to one count of filing a fraudulent tax return.
According to documents filed with the Court, John Mabry was the managing partner of MTZ Meetings L.L.C. (MTZ), a limited liability company specializing in full service meeting planning and coordinating, holding a 40% interest in the company. Two other partners, Tracie Terrill and Jane Belli, held 40% and 20% interests respectively. Mabry handled the financial aspects of MTZ and acted as the head accountant. He was also designated as the tax matters
partner and was the main contact with the partnership’s Certified Public Accountant and attorney. Mabry had custody of the MTZ checkbook, made entries into the MTZ books and records, and reconciled the MTZ bank account statements.

Beginning in 1999 and continuing through 2003, according to the factual stipulations in the case, Mabry used his position at MTZ to embezzle money from the partnership by diverting funds from the MTZ operating accounts by way of checks and transfers to him and others for personal expenses. To avoid detection, Mabry created false entries in the company books and records to make the embezzled checks and wires appear like legitimate business transactions. In
2002, Mabry embezzled $728,345.16 from the company.

According to the factual resume filed in the case, Mabry used the embezzled funds for his personal benefit. The following are some of the dispositions of funds Mabry embezzled in 2002:
• $90,344.76 for the purchase of a 2002 Piper Malibu Mirage airplane
• $14,442 for insurance on the plane
• $2500 for repayment of a personal loan
• $51,500 for repayment of personal expenses on Mabry’s behalf
• $41,706.42 for a 2002 Lincoln Town car
• $95,500 for a 2002 Bentley Arnage and a 2003 Mercedes SL 500
• $395,000 deposited to Mabry’s personal bank accounts

The factual resume goes on to state that Mabry’s embezzlement was discovered in approximately 2003 by the other TMZ partners. To avoid a pending civil lawsuit filed by MTZ and a criminal investigation by the Dallas Police Department, Mabry signed a Release and
Settlement Agreement in February 2004, agreeing to turn over various assets to MTZ.

Court documents state that on approximately August 7, 2003, Mabry filed his federal income tax return for 2002, reporting that he had $17,452 taxable income for 2002. Mabry admitted that the amount of taxable income reported on his income tax return was a material and
false statement and that he had a legal duty to truthfully report his total salary and wages.

U.S. Attorney Roper praised the investigative work of the Internal Revenue Service - Criminal Investigation. The case was prosecuted by ssistant U.S. Attorney Erin Nealy Cox.

SWEETWATER, TEXAS, MAN PLEADS GUILTY TO POSSESSION OF CHILD PORNOGRAPHY


LUBBOCK, Tx. — George Boyce McFaul, III, of Sweetwater, Texas, pled guilty today in  U.S. District Court in Lubbock to one count of possession of child pornography, announced U.S. Attorney Richard B. Roper.  McFaul entered his plea before U.S. District Judge Sam R. Cummings who ordered a pre-sentence investigation with sentencing to be scheduled after that investigation is completed.  McFaul, 51, faces a maximum statutory sentence of 10 years in prison and a $250,000 fine and must register as a sex offender.  He is presently in federal custody.

According to documents filed in Court, in September 2006, McFaul knowingly possessed a computer hard disk drive which contained one or more images of child pornography.  The images of child pornography that were located on McFaul's computer were collected by McFaul, who admitted conducting searches to obtain images of children engaged in sexually explicit conduct with adults.

This case is being brought as part of Project Safe Childhood.  In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

U.S. Attorney Roper commended the investigative efforts of the Federal Bureau of Investigation and the Sweetwater Police Department.  The case is being prosecuted by Assistant U.S. Attorney Steven M. Sucsy of the Lubbock, Texas, U.S. Attorney’s Office.

FEDERAL JURY CONVICTS REAL ESTATE APPRAISER FOR ROLE IN MORTGAGE FRAUD SCHEME

DALLAS -  Following a week-long trial before U.S. District Judge Barbara M.G. Lynn, a federal jury in Dallas has convicted Gandhi Ben Morka on all seven counts of an indictment charging him with various offenses in a mortgage fraud scheme, announced U.S. Attorney Richard B. Roper. 

Specifically, the jury found Morka, 52, of Arlington, Texas, guilty of one count of conspiracy to commit mail fraud and wire fraud, four counts of wire fraud and two counts of mail fraud.  Morka faces a maximum statutory sentence of 125 years in prison and a $1.75 million fine. 

Gandi Ben Morka was arrested in May 2007 by agents of the Federal Bureau of Investigation on charges in a superseding indictment returned by a federal grand jury in the Northern District of Texas in April 2007.  That indictment superseded an indictment returned in May 2005 that charged seven individuals, Sean Cung-Kim Nguyen, Dai Quoc Nguyen, Xuyen Thi-Kim Nguyen, Tam Nguyen, Myna Tran, Hong Thanh Duong and Cuc Kim Tran, with various offenses related to their role in a mortgage fraud scheme to defraud Countrywide Home Loans, d/b/a America’s Wholesale Lender (Countrywide).  That scheme resulted in millions of dollars of losses to Countrywide based on fraudulent mortgage loan applications and appraisals for residential home purchases in the Dallas area.  Most of the defendants have been convicted and sentenced to prison terms of up to 78 months and ordered to pay up to millions of dollars in restitution. 

The government presented evidence at trial that Morka conspired with the above-named co-defendants to defraud Countrywide by locating single family residences in and around the Dallas area that were for sale and recruiting straw purchasers and borrowers to purchase the targeted residences.  Then Morka would prepare appraisals on the properties, inflating the value to an amount far greater than the fair market value.  The co-conspirators would prepare and submit false and fraudulent loan applications in the names of the straw purchasers in order to secure a mortgage loan for the targeted single family residences in an amount substantially greater than the fair market value of the purchased property and obtain substantially inflated loans from Countrywide, based on those false and fraudulent misrepresentations.  The co-conspirators paid the original owners of the properties and distributed the remaining fraudulently obtained loan proceeds among themselves.

Overall, the co-conspirators worked together to steal money from Countrywide on a number of real estate transactions.  While more than 18 different houses were targeted in the scheme, Morka’s trial focused on two homes:  7605 Constitution, Plano, Texas and 6727 Silvercrest Drive in Arlington, Texas. 

U.S. Attorney Roper praised the investigative efforts of the Federal Bureau of Investigation.  The case was prosecuted by Assistant U.S. Attorneys Sarah Saldaña and Lynn Hastings.

SWEETWATER, TEXAS, MAN PLEADS GUILTY TO POSSESSION OF CHILD PORNOGRAPHY


 LUBBOCK, Tx. — George Boyce McFaul, III, of Sweetwater, Texas, pled guilty today in  U.S. District Court in Lubbock to one count of possession of child pornography, announced U.S. Attorney Richard B. Roper.  McFaul entered his plea before U.S. District Judge Sam R. Cummings who ordered a pre-sentence investigation with sentencing to be scheduled after that investigation is completed.  McFaul, 51, faces a maximum statutory sentence of 10 years in prison and a $250,000 fine and must register as a sex offender.  He is presently in federal custody.

According to documents filed in Court, in September 2006, McFaul knowingly possessed a computer hard disk drive which contained one or more images of child pornography.  The images of child pornography that were located on McFaul's computer were collected by McFaul, who admitted conducting searches to obtain images of children engaged in sexually explicit conduct with adults.

This case is being brought as part of Project Safe Childhood.  In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

U.S. Attorney Roper commended the investigative efforts of the Federal Bureau of Investigation and the Sweetwater Police Department.  The case is being prosecuted by Assistant U.S. Attorney Steven M. Sucsy of the Lubbock, Texas, U.S. Attorney’s Office.

GUILTY PLEAS HEARD IN TYLER FEDERAL COURT

TYLER, TX –  United States Attorney John L. Ratcliffe announced today that four individuals have pleaded guilty to various federal drug-related violations in the Eastern District of Texas.  The plea hearings were held today before United States Magistrate Judge John D. Love.

WESLEY DALE DICKERSON, 29, of Longview, admitted to possession with intent to distribute methamphetamine. 

HUNTER QUIN TILLERY, 27, of Gilmer, admitted to being involved in a conspiracy to possess with the intent to distribute methamphetamine.

ERIC CHAD AARON, 27, of Gladewater, admitted to possession with intent to distribute methamphetamine. 

According to information presented in court, an ongoing investigation began in January 2003 into the distribution of methamphetamine in East Texas.  The operation has resulted in numerous undercover purchases and seizures of both drugs and guns.  A federal indictment was returned on February 6, 2007 charging 16 individuals, including Dickerson, Tillery, and Aaron with federal crimes.   

Dickerson and Tillery each face up to 40 years in federal prison and a fine of up to $2 million.  Aaron faces up to 20 years in federal prison and a fine of up to $1 million.  Sentencing dates have not been set.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the Texas Department of Public Safety, the Gregg County District Attorney's Office, the Longview Police Department and the Gregg County CODE Unit.  This case is being prosecuted by Assistant United States Attorney Richard L. Moore.

In a separate case, ZACHARY DAVID EDWIN KISER, 27, of Lindale, pleaded guilty to being a methamphetamine user in possession of a firearm.  Kiser had been indicted and charged by a federal grand jury on May 1, 2007.       

Kiser faces up to 10 years in federal prison and a fine of up to $250,000.00.  A sentencing date has not been set.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the University of Texas at Tyler Police Department and was prosecuted by Assistant United States Attorney Mary Ann Cozby.

TEXARKANA MAN GUILTY OF WIRE FRAUD VIOLATIONS

TEXARKANA, TX -- United States Attorney John L. Ratcliffe announced today that a 48-year-old Texarkana, Texas man has pleaded guilty to wire fraud charges in the Eastern District of Texas. 

MARK WAYNE JASTER pleaded guilty today before United States District Judge David Folsom.

According to information presented in court, from 2002 through 2005, Jaster represented to others that he was involved in the business of personal investment services.  Specifically, he represented that he conducted business through one or more entities, including (but not limited to):


Mark Jaster, Ph.D., Personal Investment Service;

InvestWise, Inc. (Personal and Private Pension Fund Investments); and

InvestedWise, LLC (Personal and Private and Corporate Pension Funds).

Through these entities, Jaster solicited funds from individuals for the stated purpose of investing these funds for them.  Jaster would tell potential investors that he actively managed money for individual investors through his InvestWise account at A.G. Edwards and Sons, Inc. ("A.G. Edwards") in Texarkana, Texas.  Jaster advised potential investors that through investing money in various investments to include real estate ventures, stocks, bonds, mutual funds, options, and pension funds, he achieved significant returns for his investors.  After receiving an investor's money for investment, Jaster would periodically communicate with the investor and fraudulently advise the investor that the investor's investment had grown significantly.  On occasion, Jaster would provide an investor a computer generated account summary and fraudulently represent that the client's investment had grown significantly.  Jaster also would communicate with an investor by means of wire communications in interstate commerce, specifically by e-mail communications.  Whenever an investor questioned the status or legitimacy of the investment, Jaster would seek to reassure the investor with a "lulling communication" that included false representations to reassure the investor as to the status or legitimacy of the investment.  Jaster did not invest investors' funds, but withdrew and used investor funds for his own personal expenses.

Jaster faces up to 20 years in federal prison and a fine of up to $250,000.00 at sentencing.  A sentencing date has not been set.

This case is being investigated by the Federal Bureau of Investigation and the Texas State Securities Board and is being prosecuted by Assistant United States Attorney Gregg A. Marchessault.

DEFENDANT ORDERED TO REPAY LAND OWNERS FOR TIMBER THEFT

TEXARKANA, TX -- United States Attorney John L. Ratcliffe announced today that a former Texarkana, Texas man has been sentenced to five years probation and ordered to pay $346,235.76 in restitution for timber theft in the Eastern District of Texas. 

ALLEN SPRAYBERRY, 42, now residing in Fouke, Arkansas, had pleaded guilty on April 18, 2007 to transporting fraudulently taken property across state lines.  He was sentenced today by United States District Judge David Folsom.

According to court documents, from 2001 through May 2004, Sprayberry defrauded 32 landowners in Texas, Oklahoma, Arkansas, and Louisiana of approximately $346,235.76 while doing business as ALLEN'S FORESTRY SERVICE, also known as ALLEN'S FORESTRY, of Texarkana, Texas. 

Sprayberry admitted during his plea hearing to transporting timber for landowners although he did not intend to fully compensate the landowners as agreed in the terms of their contracts. 

This case was investigated by the Texas Forest Service and the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Jim Noble.

OPERATION ICEBOX DEFENDANT SENTENCED FOR DRUG CRIMES

TYLER, TX – United States Attorney John L. Ratcliffe announced today that a 35-year-old Canton man has been sentenced to 120 months in federal prison for drug violations in the Eastern District of Texas. 

GREGORY BEAVER pleaded guilty on May 4, 2007, to possession with intent to distribute and distribution of more than 100 grams of methamphetamine.  Beaver was sentenced today before United States District Judge Leonard E. Davis.

According to information presented in court, an investigation began in October 2004 into the distribution of “ice” methamphetamine in east Texas, Louisiana, and Florida.  During this time, the investigation resulted in 22 undercover drug purchases, the purchase and seizure of at least 15 handguns and the seizure of at least four pounds of “ice” methamphetamine and amounts of marijuana and pharmaceutical drugs, the seizure of three vehicles and a safe containing approximately $300,000 cash.  A 26-count federal indictment was returned in March charging 19 individuals with federal charges.  Thus far in Operation ICEBOX, there have been 22 convictions, over $300,000 cash, cars, firearms, and one house seized, and $1.95 million in forfeiture judgments.

This case is being investigated by the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshals Service, the Texas Department of Public Safety, the Tyler Police Department, the Smith County Sheriff’s Office, and the Henderson Police Department.  This case is being prosecuted by Assistant United States Attorneys William Baldwin and Mary Ann Cozby.

OKLAHOMA MAN CONVICTED FOR BOMB & DEATH THREATS  

BEAUMONT, TX -  United States Attorney John L. Ratcliffe announced today that a 44-year-old Tahlequah, Oklahoma, has been convicted for threatening to bomb a federal facility and kill a federal agent in the Eastern District of Texas. 

JAMES WILEY STINNETT, JR. was found guilty by a jury late yesterday afternoon of maliciously sending a bomb threat, threatening to kill a federal agent, sending a threatening communication, and covering up a material fact.  Stinnett was convicted by a jury after a three-day trial before United States District Judge Ron Clark.  

According to information presented in court, Stinnett first came to the attention of authorities when he reported to the Beaumont Police Department that his wife, a Russian national whom he had met over the internet, was a missing person.  It later appeared that she had merely voluntarily left him.  Later, an anonymous tip was received by the Department of Homeland Security TIP Line, alleging, among other things, that she was a terrorist.  This was investigated by Agents of the Bureau of Immigration and Customs Enforcement (ICE).  ICE agents determined that there was no basis for the terrorist allegation, and came to suspect that Stinnett had called in the tip in order to have federal authorities search for the wife.  Frustrated with the ICE agents' hesitance to provide him with her exact location, Stinnett had an innocent third-party fax a bomb and death threat to the ICE office in Beaumont, Texas.  The threat purported to have been pinned by his wife.  The fax was sent from a location in Tulsa, Oklahoma, then forwarded to Beaumont from a location in Tahlequah, Oklahoma.  The threat included not only a bomb threat against the ICE office, but also a threat to kill the ICE Special Agent with whom Stinnett had dealt.  The jury determined that Stinnett was the individual responsible for sending the threats.

Stinnett faces up to 10 years in federal prison and a fine of up to $1 million at sentencing. A sentencing date has not been set.

This case is being investigated by the U.S. Bureau of Immigration and Customs Enforcement and the Beaumont Police Department and is being prosecuted by Assistant United States Attorney Randall L. Fluke and Assistant United States Attorney John Ross.

ABILENE, TEXAS, MAN PLEADS GUILTY TO INTERSTATE RECEIPT OF CHILD PORNOGRAPHY

LUBBOCK, Tx. — Park Kevin Gerberg, of Abilene, Texas, pled guilty today in U.S. District Court in Lubbock  to one count of interstate receipt of child pornography, announced U.S. Attorney Richard B. Roper.  Gerberg entered his plea before U.S. District Judge Sam R. Cummings who ordered a pre-sentence investigation with sentencing to be scheduled after that investigation is completed.  Gerberg, 49, faces not less than five years nor more than 20 years in prison and a $250,000 fine.  Gerberg, who is on bond, will be required to register as a sex offender. 

According to documents filed in Court, during the months of April, May, June and July 2003, Gerberg collected and traded images of child pornography, using his computer to access the Internet to conduct the transactions.  He traded the images through various chat rooms.  After downloading the images of child pornography to his computer, Gerberg copied them onto computer CDs and floppy disks, and stored them in his residence.

This case is being brought as part of Project Safe Childhood.  In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

U.S. Attorney Roper commended the investigative efforts of the Federal Bureau of Investigation and the Taylor County Internet Crimes Against Children Task Force.  The case is being prosecuted by Assistant U.S. Attorney Steven M. Sucsy of the Lubbock, Texas, U.S. Attorney’s Office.

THREE GUILTY OF FEDERAL DRUG VIOLATIONS


TYLER, TX –  United States Attorney John L. Ratcliffe announced today that three individuals have pleaded guilty to various federal drug-related violations in the Eastern District of Texas.  The plea hearings were held today before United States Magistrate Judge John D. Love.

BILLY SHANE FORD, 30, of Royse City, admitted to possession with intent to distribute methamphetamine. 

CLARA ARNETTE WHITE, 31, of Longview, pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. 

According to information presented in court, an ongoing investigation began in January 2003 into the distribution of methamphetamine in East Texas.  The operation has resulted in numerous undercover purchases and seizures of both drugs and guns.  A federal indictment was returned on February 6, 2007 charging 16 individuals, including Ford and White, with federal crimes.   


Ford faces up to 40 years in federal prison and a fine of up to $2 million.  White faces up to life in federal prison and a $4 million fine.  Sentencing dates has not been set.


        This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the Texas Department of Public Safety, the Gregg County District Attorney's Office, the Longview Police Department and the Gregg County CODE Unit.  This case is being prosecuted by Assistant United States Attorney Richard L. Moore.


In a separate case, SHARLANDA MCCOY, 38, of Tyler, pleaded guilty to being involved in a conspiracy to possess with intent to distribute methamphetamine.  McCoy was indicted by a federal grand jury on March 6, 2007.

McCoy faces up to 40 years in federal prison and a fine of up to $2 million.  A sentencing date has not been set.

SAN ANGELO, TEXAS, MAN PLEADS GUILTY TO CHILD PORNOGRAPHY AND CHILD ENTICEMENT CHARGES

Defendant Faces Up to Life in Prison

LUBBOCK, Tx. — Roland E. Guerra, of San Angelo, Texas, pled guilty today in U.S. District Court in Lubbock  to two counts of transportation of visual depictions of a minor engaging in sexually explicit conduct; to one count of enticement of a child; and agreed to the forfeiture of various items of personal property, announced U.S. Attorney Richard B. Roper of the Northern District of Texas.

Guerra was charged in an indictment returned on November 21, 2006, in the Western District of Tennessee.  That case was later transferred to the San Angelo Division of the Northern District of Texas for prosecution.  Guerra entered his plea today before U.S. District Judge Sam R. Cummings who ordered a pre-sentence investigation with sentencing to be scheduled after that investigation is completed.  Guerra, 47, faces up to life in prison and will be required to register as a sex offender.  He has been in federal custody since his arrest on November 22, 2006, on the charges set out in the indictment.

According to documents filed in Court, in September 2006, Roland E. Guerra began making contact, via the Internet, with a Memphis Task Force officer, who had assumed an undercover identity by posing as a 13 year-old female.  During the next month Guerra contacted the undercover officer and expressed an interest in having a sexual relationship.  On September 14, 2006, Guerra forwarded digital images to the undercover officer which depicted Guerra engaged in sexually explicit conduct with a minor.  Then on October 5, 2006, Guerra used his computer to send a computer video depicting a minor engaging in sexually explicit conduct.

On October 19, 2006, Guerra began to discuss with the undercover officer the possibility of meeting in Abilene, Texas, for the purpose of engaging in a sexual relationship.  Guerra believed the undercover officer to actually be a 13 year-old female.  During multiple Internet conversations that occurred over a one-week period, Guerra discussed the details of how the sexual encounter would be arranged.  Guerra understood that the 13-year-old girl was coming to Abilene, Texas, for a youth tennis tournament, and he requested the name of the motel where the girl would be staying so he could book a room there during that time.  Guerra provided his cell phone number, so he could be called when the 13-year-old girl’s father was away from the hotel, at which time they would engage in sexual activity.

On November 9, 2006, the undercover officer received a package from Guerra containing a  Web cam, a camera memory stick, and a digital camera.  Guerra had previously explained to the undercover officer, in his identity as the girl, that he wanted the girl to have the items so they could have a closer encounter with each other.

On November 17, 2006, law enforcement personnel contacted Guerra at a Hotel in Abilene, where Guerra had instructed the girl to meet him for the sexual encounter.  Guerra was confronted about his actions and was interviewed by law enforcement officers.  Guerra admitted he was at the hotel to engage in sexual intercourse with a 13-year-old minor.  Guerra consented to a search of his hotel room and among other things, law enforcement officers found a gift bag containing a Sony camera, a laptop computer, condoms, and another camera that was attached to a camera stand facing the bed.

In the Court documents, Guerra admitted that he engaged in a pattern of activity involving the sexual abuse and exploitation of a minor.

This case is being brought as part of Project Safe Childhood.  In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

U.S. Attorney Roper commended the investigative efforts of the Memphis Crimes Against Children Task Force, comprised of the local, state, and federal law enforcement agencies, including the Memphis U.S. Immigration and Customs Enforcement Office, the Memphis FBI Office, the Memphis Police Department, and the Shelby County Sheriff’s Department, as well as the San Angelo Assistant Special Agent in Charge Office, U.S. Immigration and Customs Enforcement.  The case is being prosecuted by Assistant U.S. Attorneys Steven M. Sucsy of the Lubbock, Texas, U.S. Attorney’s Office, and Dan Newsom of the Memphis, Tennessee, U.S. Attorney’s Office.

HULL MAN SENTENCED FOR FEDERAL FIREARMS VIOLATIONS

BEAUMONT, TX – United States Attorney John L. Ratcliffe announced today that a 40-year-old Hull man has been sentenced to 33 months in federal prison for being a felon in possession of a firearm in the Eastern District of Texas. 

SHANE EUGENE RUSHING was convicted by a jury on May 24, 2007.  He was sentenced today by United States District Judge Marcia Crone.

According to information presented in court, on April 25, 2006, the Liberty County Sheriff's Department was dispatched to Rushing's residence in Hull in reference to a complaint that Rushing had threatened his adopted father with a shotgun.  The evidence showed that Rushing had been upset that his father's dog had attacked Rushing's bird.  The responding officers, on confronting Rushing, discovered two shotgun shells in his pocket.  They also discovered the shotgun that Rushing had used to threaten his father, which Rushing admitted was his.  Due to his previous felony convictions for Indecency with a Child and Grand Theft Auto, Rushing was indicted for violating federal firearms laws.

The case was invested by the Liberty County Sheriff's Department, the Liberty County Constable's Office, the Daisetta Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and was prosecuted by Assistant United States Attorney Randall L. Fluke and Special Assistant United States Attorney Chris Tortorice.