PRESS RELEASES - April 2007
April 06, 2007 - MITCHELL, Tanya Marie
April 10, 2007 - DANIELS, Clara Belle
April 10, 2007 - REDDEN, David Dwain
April 11, 2007 - BELL, Jonathan Cavenaugh
April 11, 2007 - FEDERAL GRAND JURY INDICTMENTS:
BROWN, Troy Andrew
EPPERSON, Haden Ryan
HIX, Tylor
LANGSTON, Clinton Everett
LINVICK, Elizabeth
MIELNICKI, Robert David, Jr.
a/k/a MIELNICKI, Rob
WADE, Randy
WILEY, David Lee
April 11, 2007 - YBARRO, Anthony
a/k/a PEREZ, Israel Berruecos
a/k/a BERREUCOS, Isreal Perez
April 12, 2007 - MASS, Michael Don
April 13, 2007 - BLACK, Nola M.
April 13, 2007 - MASS, Michael Don
April 25, 2007 - CAULEY, Kevin
WELCH, Nolan
April 26, 2007 - WARLEDO, Lucas
April 27, 2007 - KRAMER, William Scott
April 30, 2007 - HINCKLEY, Shawn Lloyd
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FOR RELEASE: April 06, 2007
SUBJECT: MITCHELL, Tanya Marie
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that TANYA MARIE MITCHELL, age 23, of McAlester, Oklahoma, was sentenced for Possession of a List I Chemical (Pseudoephedrine).
“MITCHELL was sentenced to eighty-seven (87) months imprisonment, twenty-four (24) months supervised release, and ordered to pay a Special Assessment Fee of $100.00. Charges arose from an investigation by the Pittsburg County Sheriff’s Office, District 18 Narcotics Task Force, and the McAlester Police Department,” commented United States Attorney Sperling. “MITCHELL pled guilty to the charge in November 2006.”
“After obtaining a search warrant, agents searched the Pittsburg County residence of the defendant and her co-defendant husband, BRYCE LEE MITCHELL and found components of a methamphetamine lab. BRYCE LEE MITCHELL pled guilty to Possession of a List I Chemical with Intent to Manufacture a Controlled Substance on November 14, 2006, and awaits sentencing. The investigation revealed that TANYA MITCHELL and others were purchasing pseudoephedrine from pharmacies in McAlester for use in manufacturing methamphetamine.”
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Assistant United States Attorney Chris Wilson represented the government.”
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FOR RELEASE: April 10, 2007
SUBJECT: DANIELS, Clara Belle
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that CLARA BELLE DANIELS, age 65, of Tahlequah, Oklahoma, pled guilty to Theft, Embezzlement, or Misapplication by a Bank Employee, in violation of Title 18 U.S.C. Section 656.
“Charges arose from an investigation by the Federal Bureau of Investigation,” commented U.S. Attorney Sperling. “The defendant was a bank teller at the Bank of Cherokee County in Hulbert, Oklahoma when the embezzlement occurred from October 2005 to January 2006. DANIELS embezzled approximately $66,000.00.”
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma accepted DANIELS’ guilty plea and ordered the preparation of a presentence report. Sentencing will be scheduled upon its completion. A preliminary advisory federal sentencing guideline review projects a possible sentencing range of 6 – 12 months imprisonment,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Ryan Roberts represented the government.”
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FOR RELEASE: April 10, 2007
SUBJECT: REDDEN, David Dwain
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that DAVID DWAIN REDDEN, age 58, of Roland, Oklahoma, was sentenced today for Money Laundering, in violation of Title 18, United States Code, Section 1956(a)(1)(B)(1).
“REDDEN was sentenced to twenty-seven (27) months imprisonment and thirty-six (36) months supervised release. The defendant was also ordered to pay restitution to the City of Roland in the amount of $224,983.00, and a Special Assessment Fee of $100.00,” reported United States Attorney Sheldon J. Sperling. "REDDEN must report by May 25, 2007 to begin serving his sentence."
“Charges arose from an ongoing investigation by the Federal Bureau of Investigation,” commented United States Attorney Sperling. “REDDEN, the former City Manager of Roland, issued checks for cash from the City of Roland’s bank account to McKinney Grocery & Station, a business in Roland. REDDEN pled guilty to the charges in October 2006.”
“REDDEN submitted vouchers for office supplies to McKinney’s for which he received cash. McKinney’s then submitted invoices to the City of Roland, which were paid for by city funds.”
“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Dennis Fries, Assistant United States Attorney, represented the government.”
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FOR RELEASE: April 11, 2007
SUBJECT: BELL, Jonathan Cavenaugh
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JONATHAN CAVENAUGH BELL, age 24, of Oklahoma City, Oklahoma, was sentenced on three counts of possessing with intent to distribute methamphetamine, cocaine, and marijuana.
“BELL was sentenced to ninety-six (96) months imprisonment and forty-eight (48) months supervised release on each of the three counts, to run concurrently. The defendant was also ordered to pay a Special Assessment Fee of $100 per count. The defendant was found guilty by a federal jury of the charges in September 2006,” reported U.S. Attorney Sperling.
“The charges arose from an April 2006 investigation by the McAlester Police Department and the District 18 Narcotics Task Force,” recalled U.S. Attorney Sperling. “Officers discovered 78 grams of methamphetamine, 188 grams of cocaine, 1778 grams of marijuana, a loaded .380 pistol and digital scales in two vehicles at a residence in the 1200 block of East Seneca in McAlester.”
“Co-defendants Phillip Gail Slade, Jr. and Katrina Marie Rodgers entered guilty pleas in September 2006 on related charges. Slade, age 28, from Oklahoma City, pled guilty to Conspiracy, Possession with Intent to Distribute Methamphetamine and Felon in Possession of a Firearm, and has been sentenced to 102 months imprisonment. Rodgers, age 28, also from Oklahoma City pled guilty to Felon in Possession of a Firearm, and has been sentenced to 30 months imprisonment.” U.S. Attorney Sperling concluded.
“United States District Judge Ronald A. White presided over the trial and today’s sentencing. Assistant United States Attorney Chris Wilson was the prosecuting attorney for the United States Attorney’s Office, and represented the government at today’s sentencing.”
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FOR RELEASE: April 11, 2007
SUBJECT: FEDERAL GRAND JURY INDICTMENTS: BROWN, Troy Andrew; EPPERSON, Haden Ryan; HIX, Tylor; LANGSTON, Clinton Everett; LINVICK, Elizabeth; MIELNICKI, Robert David, Jr.; WADE, Randy; WILEY, David Lee
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the April 2007 Federal Grand Jury.
The following named individual has 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. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
TROY ANDREW BROWN, age 41, of Carter County, Oklahoma. Bank Robbery. Charges arose from an investigation by the Federal Bureau of Investigation. On April 4, 2007, BROWN allegedly robbed BancFirst, 1915 N. Commerce, Ardmore, Oklahoma of approximately $7,977.00. The charges are in violation of Title 18 U.S.C. Section 2113(a).
(Up to 20 years imprisonment and/or up to $250,000.00 fines)
Assistant United States Attorney Chris Wilson
HADEN RYAN EPPERSON, age 28, of Muskogee, Oklahoma. Distribution of Visual Depictions of Minors Engaging in Sexually Explicit Conduct; Receiving Visual Depictions of Minors Engaging in Sexually Explicit Conduct; Possession Visual Depictions of Minors Engaging in Sexually Explicit Conduct; and Criminal Forfeiture. Charges arose from an investigation by the Federal Bureau of Investigation. From on or about September 2005 through May 2006, EPPERSON allegedly possessed, received, and distributed visual depictions involving the use of minors engaging in sexually explicit conduct by means of a computer. The charges are in violation of Title 18 U.S.C. Section 2252(a)(2), 18 U.S.C. Section 2252(a)(5), 18 U.S.C. Section 1467(a)(3), and 18 U.S.C. Section 2253.
(Up to 20 years imprisonment and/or up to $250,000.00 fines)
Assistant United States Attorney Linda Epperley
TYLOR HIX, age 21, of Muskogee County, Oklahoma. Conspiracy to Commit Bank Robbery and Possession of a Firearm in Furtherance of a Federal Crime of Violence. ELIZABETH LINVICK, age 19, and RANDY WADE, age 20, both of Muskogee County, Oklahoma. Conspiracy to Commit Bank Robbery. Charges arose from an investigation by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The defendants allegedly conspired to rob the Armstrong Bank located in Keys, Oklahoma in March 2007. Through investigative techniques, an undercover BATFE agent was able to prevent the robbery. HIX allegedly had an AK-47 machine gun. The charges are in violation of Title 18 U.S.C. Section 371 and 18 U.S.C. Section 924(c) (1)(B)(ii).
(Count One – up to 5 years imprisonment and/or up to $250,000.00 fines, and Count Two – up to 30 years imprisonment and/or $500,000.00 fines)
Assistant United States Attorney Ryan Roberts
CLINTON EVERETT LANGSTON, age 21, of Madill, Oklahoma. Distribution of Visual Depiction of a Minor Engaging in Sexually Explicit Conduct; Receiving a Visual Depiction of a Minor Engaging in Sexually Explicit Conduct; Possession of Visual Depiction of a Minor Engaging in Sexually Explicit Conduct; and Criminal Forfeiture. Charges arose from an investigation by the Federal Bureau of Investigation. From August 2006 to October 2006, LANGSTON allegedly possessed, received, and distributed visual depictions involving the use of minors engaging in sexually explicit conduct by means of a computer. The charges are in violation of Title 18 U.S.C. Section 2252(a)(2), 18 U.S.C. Section 2252(a)(5), 18 U.S.C. Section 1467(a)(3), and 18 U.S.C. Section 2253.
(Up to 20 years imprisonment and/or up to $250,000.00 fines)
Assistant United States Attorney Chris Wilson
ROBERT DAVID MIELNICKI, JR., a/k/a ROB MIELNICKI, and DAVID LEE WILEY, age 19, both of Carter County, Oklahoma. Conspiracy to Commit Credit Union Robbery and Credit Union Robbery. Charges arose from an investigation by the Federal Bureau of Investigation. The defendants allegedly conspired to and allegedly did rob the MTC Federal Credit Union in Ardmore, Oklahoma of approximately $6,674.00 in February and March 2007. The charges are in violation of Title 18 U.S.C. Section 371 and 18 U.S.C. Section 2113(a).
(Up to 20 years imprisonment and/or up to $250,000.00 fines, each count)
Assistant United States Attorney Paul Hess
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FOR RELEASE: April 11, 2007
SUBJECT: YBARRO, Anthony; a/k/a PEREZ, Israel Berruecos; a/k/a BERREUCOS, Isreal Perez
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ANTHONY YBARRO, a/k/a Israel Berruecos Perez, a/k/a Isreal Perez Berreucos, age 34, of LeFlore County, Oklahoma was sentenced to 70 months imprisonment, 48 months supervised release, and ordered to pay a Special Assessment Fee of $100.00.
“YBARRO pled guilty to Possession of Methamphetamine with Intent to Distribute in September 2006. Co-defendants SUSAN ORTEGA, age 34, and EDGAR ORTEGA-ZALETA, age 34, both also of LeFlore County, pled guilty to similar charges in September 2006. SUSAN ORTEGA remains in custody of the U.S. Marshal Service awaiting sentencing. EDGAR ORTEGA-ZALETA was sentenced to 120 months imprisonment and 60 months supervised release in February 2007,” commented U.S. Attorney Sperling.
“The investigation that led to the defendants’ arrests began in January 2005 by the DA’s Drug Task Force in District 16 (LeFlore County), assisted by Oklahoma Bureau of Narcotics, Drug Enforcement Administration, United States Forest Service, Oklahoma Highway Patrol, and other local, state, and federal agencies. The defendants were part of an organized cell of narcotics traffickers in the LeFlore County area, who sold large quantities of methamphetamine ICE to undercover agents,” recalled U.S. Attorney Sperling.
“The Honorable Ronald A. White presided over today’s sentencing. Assistant United States Attorney Dennis Fries represented the government.”
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FOR RELEASE: April 12, 2007
SUBJECT: MASS, Michael Don
MUSKOGEE, OKLAHOMA - “My name is Sheldon J. Sperling. I am the United States Attorney for the Eastern District of Oklahoma.”
“This morning I authorized the filing of an information. The style of the case is United States of America, plaintiff, v. Michael Don Mass, defendant, Higgins, Oklahoma. The case number is CR-07-26-RAW.”
“The information alleges a violation of Title 18, United States Code, Section 371, Conspiracy to Defraud the United States. The charging language of the information asserts the commission of mail fraud, in violation of 18 USC 1346, that is, a scheme to deprive another of the right to honest services.”
“This offense is punishable by a term of imprisonment not to exceed five years, a fine not to exceed $250,000, or both.”
“United States Magistrate-Judge Kimberley E. West has set a waiver of indictment and plea hearing in this matter for tomorrow morning, April 13, at 9:00AM.”
A press conference - for television, radio and newspaper reporters - is scheduled in the Office of the United States Attorney, 1200 West Okmulgee, Muskogee, Oklahoma, to follow the scheduled court proceeding.
“The information has been filed in the Office of the Court Clerk for the United States District Court in the Eastern District of Oklahoma sitting at Muskogee.”
“The charging document alleges that the purpose of the conspiracy was to steer funds appropriated by the Oklahoma state legislature to an entity known as the Rural Development Foundation (RDF) which then provided the funds to National Pet Products (NPP) and Indian Nations Entertainment Corporation, which are business entities situated in the Eastern District of Oklahoma.”
“The information also alleges that the defendant and two other legislators which are referred to as Legislator B and Legislator C, were in a position to direct the allocation of funds appropriated to certain state agencies, including the Oklahoma Department of Commerce and the Oklahoma Department of Agriculture and to various Councils of Government, including the Kiamichi Economic Development District and the Eastern Oklahoma Development District.”
“The information further alleges that, in order to secure the funds appropriated by the Legislature for RDF, Businessman A agreed to periodically pay defendant Mass and two other legislators a percentage of the gross income from the gaming machines that were manufactured by INE as a result of funds steered to RDF and then provided to INE.”
“The information asserts that, on internal documents, Defendant Mass and the other legislators were referred to as ‘investors’ even though they did not invest any of their own funds with INE.”
“The information further alleges that defendant Mass and the other two legislators were periodically paid in cash the amount of their agreed percentage of the gross profits from the designated gaming machines and used their influence to help place INE gaming machines in Indian casinos.”
“The following overt acts are alleged as having been committed or caused to be committed by the conspirators in furtherance of the conspiracy:
A. On or about July 29, 2004, Defendant caused a check for $250,000 to be sent from KEDDO to RDF through the United States mail;
B. On or about August 13, 2004, Legislator B caused a contract, in the amount of $350,000, to be sent from the Oklahoma Department of Commerce to RDF through the United States mail;
C. On or about May 2, 2005, Legislator C who by that date was no longer a member of the Legislature, caused a Special Project Contract, in the amount of $140,000, to be sent from the EODD to the RDF through the United States mail;
D. On or about May 2, 2005, Businessman A caused a Pay Request Form, which included a request for $100,000 destined to be loaned to INE, to be sent from the RDF to the EODD through the United States mail.
“An information is a federal document in which the United States Attorney alleges that a defendant has committed an offense. Under federal law, a felony, that is, a crime punishable by more than one year in prison, may only be prosecuted by information if the defendant – in open court and after being advised of the nature of the charge and of the defendant’s rights – waives prosecution by grand jury indictment.”
“The defendant is presumed innocent unless and until his guilt is proved beyond reasonable doubt or admitted in accordance with the law.”
Information Document Filed With Court (PDF Format)
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FOR RELEASE: April 13, 2007
SUBJECT: BLACK, Nola M.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that on Thursday, April 12, 2007, NOLA M. BLACK, age 38, of Jay, Oklahoma, pled guilty to Embezzlement of Government Funds.
“The charges arose from an investigation by the Department of Veterans Affairs. BLACK was indicted by a federal grand jury in March 2007. The defendant’s mother died in December 2004. Her mother had been receiving pension benefits from the U.S. Department of Veterans Affairs. The department was not notified of the mother’s death. BLACK used her mother’s ATM card to access her mother’s bank account, converting to her own use approximately $6,000.00 from pension benefits received between December 31, 2003 and November 18, 2004,” commented U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge, accepted BLACK’s plea, found the defendant guilty, and ordered the preparation of a presentence report. Sentencing will be scheduled after its completion.”
“The charges are in violation of Title 18, United States Code, Section 641. The maximum punishment is up to ten years imprisonment. A preliminary guideline calculation rendered a prospective sentencing range of from one to eight months.”
“Assistant United States Attorney Chris Wilson represented the government.”
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FOR RELEASE: April 13, 2007
SUBJECT: MASS, Michael Don
MUSKOGEE, OKLAHOMA - “My name is Sheldon J. Sperling. I am the United States Attorney for the Eastern District of Oklahoma.”
“I authorized the filing, yesterday morning, of a felony information. The style of the case is United States of America, plaintiff, v. Michael Don Mass, defendant. The case number is CR-07-26-RAW.”
“The information alleges a violation of Title 18, United States Code, Section 371, Conspiracy to Defraud the United States. The charging language of the information asserts the commission of mail fraud, in violation of 18 USC 1346, that is, a scheme to deprive another of the right to honest services.”
“This offense is punishable by a term of imprisonment not to exceed five years, a fine not to exceed $250,000, or both.”
“Today, the defendant Mass, age 55, of Higgins, Oklahoma, pled guilty before United States Magistrate-Judge Kimberley E. West to this charge. Judge West accepted the plea, found the defendant guilty, and ordered the preparation of a presentence report. Sentencing will be scheduled after its completion.”
“The defendant was represented by attorney Randy Lynn, of Tulsa. First Assistant United States Attorney Gay Guthrie and Assistant United States Attorney Ryan Roberts represented the government.”
“Federal agencies involved in the investigation are the Federal Bureau of Investigation and the Internal Revenue Service’s Criminal Investigation Division. Their investigative efforts have led to today’s successful outcome,” remarked U.S. Attorney Sperling.
“The charging document, to which the defendant pled guilty, alleges that the purpose of the conspiracy was to steer funds appropriated by the Oklahoma state legislature to an entity known as the Rural Development Foundation which then provided the funds to National Pet Products and Indian Nations Entertainment Corporation, which are business entities situated in the Eastern District of Oklahoma.”
“In the plea hearing today, the defendant admitted participating in the charged conspiracy. He specifically admitted that he caused a $250,000 check to be mailed through the U.S. Mail in furtherance of the scheme. In response to questioning from the court, he explicitly acknowledged the scheme was committed with intent to obtain money under false pretenses.”
“The information also alleges that the defendant and two other legislators which are referred to as Legislator B and Legislator C, were in a position to direct the allocation of funds appropriated to certain state agencies, including the Oklahoma Department of Commerce and the Oklahoma Department of Agriculture and to various Councils of Government, including the Kiamichi Economic Development District and the Eastern Oklahoma Development District.”
“The information further alleges that, in order to secure the funds appropriated by the Legislature for RDF, Businessman A agreed to periodically pay defendant Mass and two other legislators a percentage of the gross income from the gaming machines that were manufactured by INE as a result of funds steered to RDF and then provided to INE.”
“The information asserts that, on internal documents. Defendant Mass and the other legislators were referred to as ‘investors’ even though they did not invest any of their own funds with INE.”
“The information further alleges that defendant Mass and the other two legislators were periodically paid in cash the amount of their agreed percentage of the gross profits from the designated gaming machines and used their influence to help place INE gaming machines in Indian casinos.”
“The following overt acts are alleged as having been committed or caused to be committed by the conspirators in furtherance of the conspiracy:
A. On or about July 29, 2004, Defendant caused a check for $250,000 to be sent from KEDDO to RDF through the United States mail;
B. On or about August 13, 2004, Legislator B caused a contract, in the amount of $350,000, to be sent from the Oklahoma Department of Commerce to RDF through the United States mail;
C. On or about May 2,2 005, Legislator C who by that date was no longer a member of the Legislature, caused a Special Project Contract, in the amount of $140,000, to be sent from the EODD to the RDF through the United States mail;
D. On or about May 2, 2005, Businessman A caused a Pay Request Form, which included a request for $100,000 destined to be loaned to INE, to be sent from the RDF to the EODD through the United States mail.
“An information is a federal document in which the United States Attorney alleges that a defendant has committed an offense. Under federal law, a felony, that is, a crime punishable by more than one year in prison, may only be prosecuted by information if the defendant – in open court and after being advised of the nature of the charge and of the defendant’s rights – waives prosecution by grand jury indictment.”
PLEA AGREEMENT. The defendant Mass, his attorney, and my office have entered into an agreement. The major provisions are as follows.
1. The defendant agreed to waive indictment by grand jury and plead guilty to the felony alleged in the information which was filed with the U.S. Court Clerk yesterday. Today, defendant Mass admitted that he is, in fact, guilty of the charged conspiracy.
2. We agreed that the charged conspiracy is a fair representation of the criminality committed by the defendant in this political corruption investigation.
3. The defendant pledged his cooperation with the United States in an ongoing investigation into political corruption and related criminal activity. If the defendant provides substantial assistance, as defined by law, the United States will request that the court depart below the otherwise applicable advisory sentencing guideline. (The United States typically agrees to assess all relevant circumstances concerning whether the defendant has provided “substantial assistance.” Such factors include the truthfulness, completeness, and reliability of any information or testimony the defendant may provide, the nature and extent of his assistance, the timeliness of his assistance, the length of his cooperation, and any danger or risks resulting from his assistance.
4. The court is not a party to the agreement and is not bound by the agreement or any recommendations made by the parties. Even if the court imposes a sentence with which the defendant is dissatisfied, the defendant may not withdraw his plea of guilty.
5. The defendant Mass agreed to cooperate fully with the United States. Complete and truthful cooperation is a material condition of this agreement. (providing all information of which he is aware concerning any criminal activity ... testifying fully and truthfully before any grand jury, trials or other proceedings ... cooperating with agencies designated by counsel for the United States ... not disclosing his cooperation to anyone other than his attorney without the consent of the United States ... taking no steps to tip or warn any subject of this investigation ... THIS AGREEMENT IS NOT CONTINGENT IN ANY WAY UPON THE OUTCOME OF ANY INVESTIGATION, PROCEEDING OR SUBSEQUENT TRIAL. THUS, NONE OF THE RIGHTS AND OBLIGATIONS DESCRIBED [IN THE AGREEMENT] ARE IN ANY WAY DEPENDENT UPON A GRAND JURY RETURNING AN INDICTMENT, A JURY’S VERDICT AT ANY TRIAL, OR THE SUCCESS OF ANY PROSECUTION.)
6. The agreement does NOT insulate defendant Mass from any offense committed after the effective date of the agreement, including but not limited to perjury, false declaration, or false statement or obstruction of justice. If he were to commit any such offense, the information and documents he provides to the United States during the course of the cooperation could be used against him in another prosecution.
7. The defendant has waived his right to appeal the sentence and has waived any post-conviction proceedings.
8. If the defendant’s plea were rejected, withdrawn, vacated or reversed, the United States would be free to prosecute the defendant for all charges of which we then have knowledge, regardless of the Statute of Limitations, Speedy trial Act, or constitutional restriction as to the time of bringing the charges.
9. The defendant has waived his right to a jury trial, to confront and cross-examine witnesses, to compel the attendance of witnesses on his behalf, against self-incrimination, and to appeal the sentence. He agrees that if this matter were to go to trial, we could prove the facts alleged in the information beyond a reasonable doubt.
10. The United States entered this agreement because disposition of the matter as to defendant Mass in this manner fairly and adequately addresses the gravity of the series of offenses from which the charge of conspiracy was drawn, as well as defendant’s role in such offenses, takes into account the public interest in a prompt and certain disposition of the case against him, adequately protects the public, and promotes respect for the law so as to serve the ends of justice.
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FOR RELEASE: April 25, 2007
SUBJECT: CAULEY, Kevin; and WELCH, Nolan
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that on Tuesday, April 24, 207, KEVIN CAULEY, age 45, and NOLAN WELCH, age 29, of Houston, Texas, pled guilty to three counts of Possession with Intent to Distribute Cocaine, Marijuana, and Ecstasy, in violation of Title 21, United States Code, Section 841(a)(1).
“The charges arose from a traffic stop conducted by Oklahoma Highway Patrol on Highway 69. CAULEY, WELCH and two females were traveling northbound on Highway 69 at an excessive rate of speed and crossed the center line on the highway,” commented U.S. Attorney Sheldon J. Sperling. “Upon executing the stop, the trooper detected the smell of marijuana. After issuing a warning to CAULEY, the trooper received consent to search the vehicle and recovered cocaine, marijuana, Ectasy and Xanax. The females involved in this incident are being prosecuted by state authorities.”
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted CAULEY’s and WELCH’s guilty pleas and ordered the preparation of presentence reports. Sentencing will be scheduled after the reports are completed.”
“A preliminary advisory federal sentencing guideline review projects CAULEY likely faces 63 to 78 months imprisonment and NOLAN likely faces 97 to 121 months imprisonment.”
“The statutory range of punishment is 5 to 40 years imprisonment,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Dennis A. Fries represented the government.”
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FOR RELEASE: April 26, 2007
SUBJECT: WARLEDO, Lucas
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that on Tuesday, April 24, 2007, LUCAS WARLEDO, age 26, of Seminole County, Oklahoma, pled guilty to Embezzlement of Government Funds, in violation of Title 18, U.S.C. Sections 641 and 2.
“The charges arose from an investigation by the Social Security Administration’s Office of the Inspector General and Office of Intelligence. WARLEDO obtained Social Security Income benefits to which he was not entitled, by falsely claiming to be disabled, in the approximate amount of $31,875.00. The offenses took place from October 2000 to March 2006.”
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted WARLEDO’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled after its completion. Judge West ordered the defendant remain free on bond while continuing to make restitution."
“A preliminary advisory federal sentencing guideline review projects WARLEDO faces 8 to 12 months imprisonment.”
“The statutory range of punishment is up to 10 years imprisonment,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Ryan M. Roberts represented the government.”
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FOR RELEASE: April 27, 2007
SUBJECT: KRAMER, William Scott
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that a Complaint was filed against WILLIAM SCOTT KRAMER, age 37, of Tahlequah, Oklahoma, on charges of Giving False Information or Hoax, in violation of Title 18, U.S.C. Section 1038(a)(1).
“The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Highway Patrol Bomb Squad, the Northeastern State University (NSU) Police Department, and the city of Tahlequah police and fire departments,” stated U.S. Attorney Sperling.
“The affidavit underlying the federal complaint, asserts the following,” U.S. Attorney Sperling reported. “On April 25, 2007, a note and a hoax device were found in the University Center cafeteria area. The defendant, an employee of Sodexo (food service for NSU), was identified from surveillance video as having been in the area around the time of the incident. KRAMER was questioned by NSU Police Department personnel the following day and allegedly admitted to writing and placing the note and the hoax device at the University Center cafeteria near the trash cans.”
“KRAMER made his initial appearance before Magistrate Judge Kimberly E. West in the United States District Court for the Eastern District of Oklahoma in Muskogee. He waived his right to a preliminary hearing and was released on bail, pursuant to a recommendation by the U.S. Probation Office and a series of restrictive conditions set by the court. The defendant may now face indictment by a grand jury or the filing of an Information.”
“The law permits detention if a defendant is likely to flee or pose a danger to the community. Under the unique facts relevant to this defendant, the court could not so find. The alleged hoax was taken very seriously by law enforcement and university officials. The final chapter is yet to be written in this case.”
“The statutory range of punishment is up to 5 years imprisonment and/or up to $250,000.00 in fines, with 3 years supervised release,” stated U.S. Attorney Sperling.
“Assistant United States Attorney Paul G. Hess represented the government.”
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FOR RELEASE: April 30, 2007
SUBJECT: HINCKLEY, Shawn Lloyd
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that SHAWN LLOYD HINCKLEY, age 27, of Sallisaw, Oklahoma, pled guilty to Failure to Register Pursuant to Sex Offender Registration and Notification, in violation of 18 U.S.C. Section 2250(a).
“Charges arose from an investigation by the U.S. Marshal Service. HINCKLEY, who is allegedly a convicted sex offender from the State of Washington, was indicted by a federal grand jury in March of this year for failing to register as a sex offender after relocating to Oklahoma,” commented United States Attorney Sperling.
“HINCKLEY is the first person charged in the United States District Court for the Eastern District of Oklahoma with this crime,” recalled U.S. Attorney Sperling. “The Adam Walsh Child Protection and Safety Act of 2006 (Adam Walsh Act”) was enacted in July 2006 and created a new federal criminal offense for failing to register or update registration as a sex offender.
“The statutory range of punishment is up to ten (10) years in prison, a $250,000.00 fine, or both,” stated U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma accepted HINCKLEY’s plea and ordered the preparation of a presentence report. Sentencing will be scheduled after its completion. Assistant United States Attorney Chris Wilson represented the government at today’s hearing.”
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