United States Attorney's Office - Eastern District of Oklahoma PRESS RELEASES

PRESS RELEASES - MAY 2008

May 01, 2008	ERWIN, Randall	Indictment
May 02, 2008	EDWARDS, Ernest, Jr.	Guilty Plea
May 07, 2008	BIGHEAD, James Demoine	Sentencing
May 07, 2008	FRY, Brian FRY, Shannon	Sentencing
May 09, 2008	KEYNOTE ADDRESS AT FALLEN OKLAHOMA OFFICERS CEREMONY	Event
May 13, 2008	BRETZ, Tabbatha Jane RICH, Leslie Theodore	Sentencing
May 13, 2008	SANDS, Stephanie Jane	Sentencing
May 20, 2008	ANTWINE, Marion Ladon	Sentencing
May 20, 2008	BILLY COOK HARNESS AND SADDLE, INC.	Sentencing
May 20, 2008	ONG, Ivy Kwok a/k/a ONG, Ivy	Sentencing
May 21, 2008	COUCH, Larry Duane	Information
May 21, 2008	FRY, Michael MACCHIRELLA, Jared	Sentencing
May 27, 2008	HARRISON, Alvin a/k/a HARRISON, Rocky	Sentencing
May 27, 2008	LAMBERT, Julie Marie	Sentencing
May 28, 2008	COUCH, Larry Duane	Guilty Plea
May 28, 2008	OSBORNE, Manuelito Ramon	Guilty Plea
May 29, 2008	COCHRAN, Brian Wade	Guilty Plea
May 29, 2008	COLE, Rodney	Sentencing
May 29, 2008	SPILLERS, Russell Eric	Guilty Plea
May 29, 2008	TONG, John Anthony	Guilty Plea
May 29, 2008	WAGES, Ernest	Sentencing

FOR RELEASE: May 01, 2008
SUBJECT: ERWIN, Randall

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that RANDALL ERWIN, age 56, of Nashoba, Oklahoma, was indicted today by a federal grand jury in Muskogee. The charges include conspiracy, failure to provide honest public services as effected by mail fraud, and money laundering.

“ERWIN was an elected representative serving in the Oklahoma House of Representatives from January 1993 to January 2005,” U.S. Attorney Sperling reported.

“The charges arose from an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division,” U.S. Attorney Sperling noted. “The Indictment charges the defendant with Conspiracy to Commit Honest Services Mail Fraud, in violation of Title 18, U.S.C. Section 371; Three counts of Honest Services Mail Fraud, in violation of Title 18, U.S. C. Sections 1341, 1346 and 2; and Three counts of Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity, in violation of Title 18, U.S.C. Sections 1957 and 2,” U.S. Attorney Sperling reported.

“Count One of the Indictment alleges that ERWIN conspired with others to commit Counts Two through Seven of the Indictment – Honest Services Mail Fraud and Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity. The Honest Services Mail Fraud allegations accuse ERWIN, in his official capacity, of depriving others of the intangible right of honest services.”

“The defendant and others steered funds appropriated by the Legislature of the State of Oklahoma to an entity known as the Rural Development Foundation (RDF). RDF then provided the funds to the Indian Nation Entertainment Corporation (INE). In exchange for steering the funds and peddling influence to benefit INE, ERWIN and others were paid cash kickbacks by an Oklahoma businessman engaged in the Oklahoma gaming, manufacturing, and abstracting industries.”

"Count One is punishable by a term of imprisonment not to exceed five (5) years, and a fine of not more than $250,000.00. Counts Two through Four are each punishable by a term of imprisonment of not more than twenty (20) years, and a fine of not more than $250,000.00. Counts Five through Seven are each punishable by a term of imprisonment of not more than ten (10) years, and a fine of not more than $500,000.00.”

“Assistant United States Attorneys Gay Guthrie and Ryan Roberts represent the government in the case.”

U.S. Attorney Sperling concluded, “The 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. The defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments have been included. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”

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FOR RELEASE: May 02, 2008
SUBJECT: EDWARDS, Ernest, Jr.

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ERNEST EDWARDS, JR., age 43, of Muskogee, Oklahoma, pled guilty to possession with intent to distribute and distribution of cocaine base a/k/a “crack” cocaine, a Schedule II Controlled Substance, in violation of Title 21 U.S.C. Section 841(a)(1) and 841(b)(1)(A)(iii).

“Charges arose from a huge task force investigation coordinated by our office under the Drug Enforcement Administration umbrella,” reported U.S. Attorney Sperling. “This particular case was the product of work by the Oklahoma Bureau of Narcotics. An OBN undercover agent facilitated this important case.”

“On May 23, 2007, EDWARDS had in his possession and intended to distribute crack cocaine. On December 18, 2007, a felony information was filed charging EDWARDS with possessing and distributing cocaine base.”

"The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant is in the custody of the United States Marshal Service, pending the pronouncement of sentence.”

“The statutory range of punishment is not less than 10 years and up to life imprisonment, and/or up to $4,000,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation suggested an advisory range of 262 - 327 months.”

“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 District Attorney Tom Giulioli and District 15 District Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the lead federal prosecutor for this task force.”

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FOR RELEASE: May 07, 2008
SUBJECT: BIGHEAD, James Demoine

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RAYMOND JAMES DEMOINE BIGHEAD, age 22, of Seminole County, Oklahoma, was sentenced for Theft of Government Property, in violation of Title 18, United States Code, Section 641.

“BIGHEAD was sentenced to 60 months probation, 6 months of which must be served in home confinement,” reported U.S. Attorney Sperling. “He has been in jail since his arrest in June 2007. The defendant was also ordered to pay $25,468.44 in restitution to the Bureau of Indian Affairs and a $100 special assessment to the U.S. Court Clerk. He will undergo substance abuse treatment and testing as part of his probation.”

“Charges arose from an investigation by the Bureau of Indian Affairs. BIGHEAD pled guilty to the charge on January 3, 2008. In March 2007, the defendant stole property for his own use from the Okmulgee Agency Fire Suppression Crew,” stated U.S. Attorney Sheldon J. Sperling. “The defendant was indicted by a federal grand jury in June 2007.”

“A 2001 Chevrolet Van, a single-axle trailer, and miscellaneous firefighting equipment belonging to the Department of Interior, Bureau of Indian Affairs, valued at $25,468.44, were stolen by BIGHEAD,” continued U.S. Attorney Sperling. “The defendant, who was working as a firefighter, got drunk and took the truck for a joyride. He wrecked the vehicle, which left his fellow firefighters with no equipment and no jobs. At today’s sentencing, the defendant said, ‘I apologize for the mistakes I made.’”

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. The defendant remains in the custody of the United States Marshal Service to begin serving his sentence.”

“Assistant United States Attorney Linda A. Epperley represented the government.”

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FOR RELEASE: May 07, 2008
SUBJECT: FRY, Brian; and FRY, Shannon

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced the sentencings today of two more of 13 co-defendants indicted on July 19, 2007, by a federal grand jury. Today’s sentencings were before the Honorable Ronald A. White, District Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee.

“On October 30, 2007, BRIAN FRY, age 25, of McAlester, Oklahoma, pled guilty to money laundering conspiracy, in violation of Title 18 U.S.C., Sections 1956(h) and 1956(a)(1)(B),” stated U.S. Attorney Sperling. “Today the defendant was sentenced to 240 months imprisonment, 36 months supervised release, and ordered to pay a special assessment of $100.00.”

“On November 19, 2007, SHANNON FRY, age 34, of McAlester, Oklahoma, pled guilty to money laundering conspiracy and conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18 U.S.C., Sections 1956(h) and 1957(a), Title 18 U.S.C., Section 371 and Title 18 U.S.C., Section 1952(a)(3),” U.S. Attorney Sperling said. “The defendant was sentenced to 120 months imprisonment, 36 months supervised release for Count One, and 60 months imprisonment and 36 months supervised release for Count Two, to run consecutively. The defendant was also ordered to pay a special assessment of $200.00,” noted U.S. Attorney Sperling.

“Eleven men and two women were charged with a McAlester - area drug conspiracy that has been under investigation since 2003,” U.S. Attorney Sperling reported. “The charged conspiracy involves large quantities of methamphetamine distribution. Federal sentences of imprisonment are not subject to parole.”

“Charges arose from an investigation by the Oklahoma State Bureau of Narcotics, Drug Enforcement Administration, District Attorney Drug Task Forces 18 & 22, Hughes and Pittsburg County Sheriff’s Departments, McAlester Police Department, Federal Bureau of Investigation, Internal Revenue Service, Oklahoma State Bureau of Investigation, Oklahoma Department of Corrections, Oklahoma Highway Patrol, Oklahoma National Guard, and the Bureau of Indian Affairs.”

“The conspirators engaged in financial transactions in criminally derived property to further drug business and conceal the true source of assets. The co-defendants used a portion of money derived from the sale of methamphetamine to purchase additional methamphetamine. Additionally, they invested a portion of the proceeds of their illegal drug sales in assets in such a manner to obscure and hide the true source of the money. As part of the conspiracy they purchased assets using currency in such an amount, quantity and form so that the true source of the funds used to purchase the assets were hidden from law enforcement. It was further part of the conspiracy that they titled purchased assets in the names of nominee owners to avoid potential exposure to forfeiture provisions of drug and money laundering statutes in an effort to preserve their ill gotten gains,” continued U.S. Attorney Sperling.

“Three other defendants in this case were sentenced by the Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, in March of this year. Those defendants have begun serving their sentences,” U.S. Attorney Sperling reported.

“On March 25, 2008, JENNIFER MARTIN, age 32, of McAlester, Oklahoma, was sentenced to 36 months imprisonment, 12 months supervised release, and ordered to pay a Special Assessment of $100.00. MARTIN pled guilty on August 27, 2007, to use of a communication facility in furtherance of a drug trafficking crime, in violation of Title 21 U.S.C., Section 843(b).”
“On March 25, 2008, HEATHER MCGEE, age 30, of Hanna, Oklahoma, was sentenced to 48 months imprisonment, 12 months supervised release, and ordered to pay a Special Assessment of $100.00. MCGEE pled guilty on September 21, 2007, to use of a communication facility in furtherance of a drug trafficking crime, in violation of Title 21 U.S.C., Section 843(b).”
“On March 26, 2008, JAMES SHELTON, age 45, of Owasso, Oklahoma, was sentenced to 60 months imprisonment, 24 months supervised release, and ordered to pay a Special Assessment of $100.00. SHELTON pled guilty on October 25, 2007, to conspiracy to possess methamphetamine, in excess of 500 grams, with intent to distribute, in violation of Title 18 U.S.C., Section 371 and Title 21 U.S.C., Section 841(a)(1).”

“Previously sentenced on January 31, 2008, is JOEL SENNETT, age 29, of McAlester, Oklahoma. SENNETT was sentenced to 60 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00, for interstate travel in aid of racketeering, in violation of Title 18 U.S.C. Sections 1952(a)(3)” stated U.S. Attorney Sperling.

“Awaiting sentencing at this time are JACK RICE, JARED MACCHIRELLA, and MICHAEL FRY. The sentencings will be set upon completion of the Presentence Investigation Reports by the U.S. Probation Office,” U.S. Attorney Sperling stated.

"On October 26, 2007, JACK RICE, age 62, of Pittsburg County, Oklahoma, pled guilty to conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18 U.S.C., Section 371 and Title 18 U.S.C., Section 1952(a)(3). RICE faces up to five years imprisonment and/or up to $250,000.00 in fines.”

“On November 26, 2007, JARED MACCHIRELLA, age 32, of Stuart, Oklahoma, pled guilty to two counts of interstate travel in aid of racketeering, in violation of Title 18 U.S.C., Section 1952(a)(3). MACCHIRELLA faces up to 5 years imprisonment on each count and $250,000.00 in fines, each count.”

“On November 19, 2007, MICHAEL FRY, age 30, of McAlester, Oklahoma, pled guilty to money laundering conspiracy and conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18 U.S.C., Sections, 1956(h) and 1957(a), Title 18 U.S.C., Section 371 and Title 18 U.S.C., Section 1952(a)(3). FRY faces up to 10 years imprisonment and/or $500,000.00 or twice the value of the property involved for money laundering conspiracy, and up to 5 years imprisonment and $250,000.00 in fines for conspiracy.”

“Warrants remain outstanding for APOLONIO MENDOZA, age 42, and FERNANDO VAZQUEZ, age 26, both of Dallas, Texas, who are considered fugitives. MENDOZA is charged with Conspiracy, in violation of Title 21 U.S.C., Section 846, Use of a Communication Facility in Furtherance of a Drug Trafficking Crime, in violation of Title 21 U.S.C., Section 843(b) and Interstate Travel in Aid of Racketeering, in violation of Title 18 U.S.C. § 1952(a)(3). VAZQUEZ is charged with Conspiracy, in violation of Title 21 U.S.C., Section 846 and Interstate Travel in Aid of Racketeering, in violation of Title 18 U.S.C., Section 1952(a)(3). Anyone having information on their whereabouts should contact the U.S. Marshal Service or your local law enforcement,” U.S. Attorney Sperling concluded.

“Assistant United States Attorney Rob Wallace represented the government at today’s sentencings.”

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FOR RELEASE: May 09, 2008
SUBJECT: KEYNOTE ADDRESS AT FALLEN OKLAHOMA OFFICERS CEREMONY

MUSKOGEE, OKLAHOMA - Hundreds of Oklahoma law enforcement officers gathered for the 40th Annual Memorial Service. The somber gathering was attended by the Oklahoma Attorney General and the heads of most Oklahoma-based federal and state law enforcement agencies.

“United States Attorney Sheldon J. Sperling delivered the keynote address at the ceremony on the west grounds of the Oklahoma Department of Public Safety Headquarters, located at 36th and Martin Luther King, today at 10 a.m.”

U.S. Attorney Sperling urged the crowd to consider three words: remember, respect, and resolve. “Remember the sacrifices of yesterday. Respect the blessings of today. Resolve to achieve the hopes of tomorrow.”

“As we remember those who sacrificed yesterday, we hope to comfort you who grieve their loss and clutch to their memories. We must also respect the blessings we share today. We gather today as free citizens of the United States of America. We can speak, worship, print, email, assemble, and petition freely.”

“How can we best honor those who wear badges? How about if we each tackle the project of becoming living sacrifices? If we must be limited to a secular message, let it be the truth. To avoid a life of poverty, hopelessness and crime, do three things: finish high school, don’t get married until age 21, and don’t have kids until after you get married. Add a fourth – get and keep a job – and crime drops off the statistical map.”

“We must heed the call of a young president 47 years ago: ‘Ask not what your country can do for you; ask what you can do for your country.’ We must assume personal responsibility for ourselves and our children.”

“The names of thirteen officers who died in the line of duty in Oklahoma in years past will be added to the National Law Enforcement Officer’s Memorial in Washington, D.C. next week,” reported Sheldon J. Sperling, U.S. Attorney for the Eastern District of Oklahoma. “The names will be dedicated on the memorial at Judiciary Square in Washington D.C. during the 20th Annual Candle Light Vigil the evening of Tuesday, May 13th.”

The 13 fallen officers being added are:

Haileyville Police Officer Richard D. Bell was shot in the face and killed as he entered a house on a disturbance call October 6, 1909.

Wister City Marshal Robert T. Blassingame was shot as he approached two men on the Wister railway platform on June 17, 1928. Marshal Blassingame was able to return fire and killed one of the men as the other escaped. Marshal Blassingame died from his wound to the stomach three weeks later on July 3rd in a Fort Smith, AR hospital.

Captain Charles W. Bowman of the Muskogee Police Department died just after midnight the morning of June 6, 1927, from a severed artery a few minutes after he was shot in the leg by his own gun as he approached two men sleeping in a car in a closed filling station with his gun drawn. One of the drunken men kicked Captain Bowman’s hand causing his gun to discharge striking him in the leg.

Lampasas County (Texas) Deputy Sheriff George M. Doolittle was shot and killed January 8, 1879, near Lexington, Indian Territory (OK) as he attempted to arrest 29 year old Buford Cox for a murder that occurred in Texas. Deputy Doolittle is believed to be buried in an unmarked grave near Lexington.

Oklahoma County Deputy Sheriff Levi A. Ezzell died Monday evening August 24, 1914, after he was shot in the abdomen by his own .45 caliber pistol. Deputy Ezzell was taking 17 year old Warren Mankin to jail for stealing bicycles when Mankin broke loose and started running east down an alley south of Main Street west of Hudson. Deputy Ezzell drew his gun and threw it at the escaping youth. When the gun stuck the pavement it discharged striking Ezzell. Deputy Ezzell made a statement before he died of how he was shot, clearing Mankin.

Jefferson County Deputy Sheriff Louis M. Harvill and Grayson Township Constable William A. Hood were both shot as they walked between two parked cars about 10 P.M. the evening of Saturday, January 28, 1928. Deputy Harvill died within the hour. Constable Hood died five days later.

Muskogee Police Officer Leslie Jennings was issuing a traffic ticket the late evening of July 14, 1924. He was struck by another car, and knocked twenty feet striking his head on the pavement. Officer Jennings died early the next morning.

Braggs Constable Wicks and Deputy Constable George Johnson Kirk trailed and caught up to three train robbers on June 18, 1909. When the Constables attempted to arrest the men, a fight ensued. Deputy Constable Kirk was shot in the head and killed.

Love County Sheriff Sam H. Randolph was in a Thackerville store about 6 P.M. May 25, 1934, campaigning for re-election when Constable John Smith approached him complaining that he was not given proper credit for arresting a murder suspect earlier. During the heated argument Sheriff Randolph slapped Constable Smith. Smith drew his gun and shot Sheriff Randolph in the heart killing him instantly.

Ada Police Officers Hughey L. Rogers and Luther Prince were advised of an armed man names Weems being in an Ada hotel about 5 P.M. the evening of November 4, 1926. When the officers confronted Weems he pulled a gun. Officer Rogers and Weems fought during which both were shot several times. Officer Rogers died instantly. Weems died a few hours later.

Byars Police Officer Elijah C. Smith came upon a business burglary in progress while making his nightly rounds about 2:30 A.M. June 27, 1937. The burglar(s) shot the 68 year old officer in the left side with a shot gun killing him.

Creek County Deputy Sheriff Thomas E. Tyus had gone to a home in Bristow to serve court papers the evening of July 19, 1911. When no one was home he went to a neighbor’s porch to wait. He apparently fell asleep on the porch. Later about 2:15 A.M. when the neighbor woman saw someone asleep on her porch she slipped out a back door and got the city’s Night Watchman W. A. Ryder. When Ryder attempted to awaken Deputy Tyus a fight broke out and Ryder shot and killed the deputy. In the dark, neither officer recognized the other as an officer.

For more information on these and the other almost 700 law enforcement officers who have died in the line of duty in Oklahoma go to the Oklahoma Law Enforcement Memorial web site at www.oklemem.com

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FOR RELEASE: May 13, 2008
SUBJECT: BRETZ, Tabbatha Jane; and RICH, Leslie Theodore

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LESLIE THEODORE RICH, age 32, of Dallas, Texas, and TABBATHA JANE BRETZ, age 25, of Eagletown, Oklahoma, were sentenced for Conspiracy to Commit Fraud in Connection with Access Devices, in violation of Title 18 United States Code, Section 371.

“RICH was sentenced to 36 months imprisonment, 36 months supervised release, and ordered to pay $5,375.86 in restitution,” reported U.S. Attorney Sheldon J. Sperling. “BRETZ was sentenced to 28 months imprisonment, 36 months supervised release, and ordered to pay $5,375.86 in restitution. Each defendant was ordered to pay a Special Assessment Fee of $100.00.”

“Charges arose from an investigation by the Federal Bureau of Investigation, the United States Secret Service and the Ardmore Police Department. On September 26, 2007, the Ardmore Police Department received a call reporting an individual attempting to use an invalid credit card at the Wal-Mart, located on Commerce Street. As a result of that call an investigation was initiated and a conspiracy to commit fraud in connection with access devices was discovered based out of the Dallas area,” stated U.S. Attorney Sperling. “Both defendants pled guilty in December, 2007.”

“Beginning around September 20, and continuing through September 27, 2007, RICH, BRETZ, and co-defendant Chance Wayne Singleton, together, and with others combined, conspired to confederate and agree among themselves and each other to commit fraud and related activity in connection with access devices. As a part of the conspiracy the defendants used and possessed counterfeit access devices, device-making equipment and a scanning receiver. In furtherance of the conspiracy, the defendants obtained valid credit card numbers, obtained the necessary equipment to manufacture counterfeit credit cards, then manufactured counterfeit credit cards and made purchases with them,” recalled U.S. Attorney Sperling.

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencings. The defendants remain in the custody of the United States Marshal Service to begin serving their sentences.”

“Co-defendant Chance Wayne Singleton was sentenced on April 1, 2008, to 36 months imprisonment, 36 months supervised release, and ordered to pay $5,375.86 in restitution.”

“Assistant United States Attorney Ryan M. Roberts represented the United States at today’s sentencings.”

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FOR RELEASE: May 13, 2008
SUBJECT: SANDS, Stephanie Jane

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STEPHANIE JANE SANDS, age 51, of Prague, Oklahoma, was sentenced for Bank Fraud, in violation of Title 18 U.S.C. Section 1344.

“SANDS was sentenced to 60 months probation, 6 months home detention, a $100.00 Special Assessment Fee, and ordered to pay restitution of $26,552.00,” stated U.S. Attorney Sheldon J. Sperling.

“Charges arose from an investigation by the Federal Bureau of Investigation. Beginning around January, 2006, and continuing to around December, 2006, SANDS, executed a scheme to obtain money, funds, credit or assets in the amount of $27,500.00, belonging to Citizens State Bank in Paden, Oklahoma,” stated U.S. Attorney Sperling.

“Auditors conducting a surprise cash count of teller drawers, as required for the annual director’s examination of the bank, discovered $27,500.00 missing from SANDS’ teller drawer. After initially attempting to hide the cash shortage, SANDS confessed to taking the money in small increments over the previous year,” continued U.S. Attorney Sperling.

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. The defendant was ordered to begin serving her 6 months home detention immediately.”

“Assistant United States Attorney Ryan M. Roberts represented the United States at today’s sentencing.”

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FOR RELEASE: May 20, 2008
SUBJECT: ANTWINE, Marion Ladon

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MARION LADON ANTWINE, age 28, of Muskogee, Oklahoma, was sentenced for Felon in Possession of Firearm and Ammunition, in violation of Title 18 U.S.C. Section 922(g)(1).

“ANTWINE was sentenced to thirty (30) months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment Fee of $100.00,” reported U.S. Attorney Sperling.

“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tahlequah Police Department,” stated U.S. Attorney Sheldon J. Sperling. “ANTWINE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, possessed a Hi-Point model JC .40 caliber handgun, and six (6) rounds of Winchester .40 caliber ammunition, which had been shipped and transported in interstate commerce.”

“On September 7, 2007, Tahlequah Police Department received a call from a young lady that ANTWINE was chasing her through the City of Tahlequah. Officers saw the two vehicles driving erratically and, after a short pursuit, stopped ANTWINE. During the pursuit, a Tahlequah Police Officer saw ANTWINE throw a black object into his back seat. After ANTWINE was taken into custody, a .40 caliber Hi-point handgun was found in the back seat,” U.S. Attorney Sperling continued.

“Assistant United States Attorney Rob Wallace represented the government.”

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FOR RELEASE: May 20, 2008
SUBJECT: BILLY COOK HARNESS AND SADDLE, INC.

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BILLY COOK HARNESS AND SADDLE, INC., a Texas Corporation authorized to conduct business in the State of Oklahoma, received a sentence of 3 years probation, $51,000.00 in fines, and a Special Assessment Fee of $400.00. The corporation was charged with and pled guilty to a one felony count Information for Furnishing False Information to the Commissioner of Social Security, in violation of 42 U.S.C. § 408(a)(6).

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing of the corporation,” stated U.S. Attorney Sheldon J. Sperling.

“BILLY COOK HARNESS AND SADDLE, INC., a saddle and tack manufacturing company, in Sulphur, Oklahoma, was the focus of an investigation by the United States Department of Homeland Security - Immigration and Customs Enforcement (ICE) and the United States Social Security Administration (SSA). In the spring of 2006, ICE agents were informed that BILLY COOK HARNESS AND SADDLE, INC. was employing illegal aliens in the saddle shop. In August 2006, a federal search warrant was executed at the business and ICE agents discovered 51 illegal aliens employed at the factory.”

“Agents also discovered that BILLY COOK HARNESS AND SADDLE, INC. had failed to create and maintain mandatory immigration forms (Form I9) on each of the employees. The Social Security Administration and the Internal Revenue Service (IRS) had previously notified BILLY COOK HARNESS AND SADDLE, INC. that employee social security numbers which the company had reported to the SSA were not proper,” stated U.S. Attorney Sperling.

“BILLY COOK, age 77, of Sulphur, Oklahoma, had waived indictment by a federal grand jury on September 11, 2007. On behalf of himself and the corporation, he then pled guilty to misdemeanor crimes of Conspiracy to Unlawfully Employ Aliens and Unlawful Employing of Aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a), respectively.”

“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, sentenced COOK today to two (2) years probation on each misdemeanor count, to run concurrently, $3,000.00 in fines on each count, and a Special Assessment Fee of $10.00 for each count.”

“COOK admitted last September that he had agreed with his longtime employee, RUTILIO OSORNIO, age 47, to hire illegal aliens who OSORNIO introduced to COOK. He also admitted that he hired illegal aliens who gave him the wrong social security numbers. He further admitted that he and OSORNIA conspired to unlawfully employ illegal aliens,” recalled U.S. Attorney Sperling.

“RUTILIO OSORNIO, of Sulphur, Oklahoma, a longtime employee of Billy Cook at BILLY COOK HARNESS AND SADDLE, INC., is a naturalized U.S. Citizen, who has been in the country since 1979. He pled guilty on September 11, 2007, to one misdemeanor count of Conspiracy to Unlawfully Employ Aliens, in violation of 18 U.S.C. § 371. OSORNIO admitted to bringing illegal aliens to be hired by Billy Cook at the saddle company. OSORNIO was also sentenced today by Judge Shreder. OSORNIO received a sentence of 2 years probation, $3,000.00 in fines, and a Special Assessment Fee of $10.00,” stated U.S. Attorney Sperling.

“This case presented a classic clash between competing government objectives. We are obligated to prosecute violations of immigration law. We are also charged to remove aliens and apportion scarce detention dollars,” U.S. Attorney Sperling restated after the sentencings. “Federal ICE agents and Social Security Administration, Office of Inspector General agents performed admirably in this investigation.”

“Bottom line? The aliens were removed and the employer is being held responsible,” U.S. Attorney Sperling said.

“Assistant United States Attorney Christopher J. Wilson represented the government. Phil Hurst, of Sulphur, Oklahoma, represented the defendants.”

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FOR RELEASE: May 20, 2008
SUBJECT: ONG, Ivy Kwok; a/k/a ONG, Ivy

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that IVY KWOK ONG, a/k/a Ivy Ong, age 66, of El Paso, TX, was sentenced for Conspiracy to Commit Tax Evasion and Conspiracy to Pay and Receive Illegal Gratuities, in violation of 18 U.S.C. §371, 201(c)(1)(A)&(B) and 26 U.S.C. §7201. ONG was the operator of Carlo Worldwide Operations, LLC, a Nevada corporation active in supplying video gaming machines to tribal casinos.

“ONG was sentenced to 39 months in federal prison and 36 months on supervised release on each count, to run concurrently,” stated U.S. Attorney Sheldon J. Sperling. “He was ordered tol pay $199,610 in restitution to the Internal Revenue Service and a $200 special assessment to the court. No fine was imposed based upon the restitution ordered, the defendant’s current financial situation and the uncertainty of his future earning abilities.”

“The defendant pled guilty to the charges on September 21, 2007. At that time, ONG also agreed to forfeit his interest in a gated-community home in Choctaw, Oklahoma and a 15-acre horse farm in Lexington, Kentucky. These parcels of real estate were purchased with proceeds of his criminal activities. The properties are estimated to be worth over $1,000,000.00,” reported U.S. Attorney Sperling. “The court forfeited ONG’s interest in those properties today.”

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Judge White ordered the defendant to begin serving his sentence at noon on June 20, 2008.”

“During the sentencing hearing, the court first heard arguments by defense counsel David Ogle of Oklahoma City. Then Mr. Ong made a brief statement to Judge White: ‘I did, in fact, do the things I was indicted for. I apologize to the United States and to the Seminole Nation. I’ll have to live with that. I’m sorry for what happened.’”

“The Seminole Nation previously submitted a victim impact statement requesting several million dollars in restitution,” noted U.S. Attorney Sperling. “The Seminole Nation cited its difficulties with the National Indian Gaming Commission and the IRS stemming from their involvement with Mr. Ong. Losses that the Seminole Nation attributes to Mr. Ong include an $11 million fine by the NIGC, over $170,000 in IRS penalties and fines, and $8.4 million in lost income while the Seminole Nation’s casinos were closed for 13 months in 2003 and 2004. The court did not order any restitution to the Seminole Nation.”

“ONG was the focus of an investigation by the United States Bureau of Indian Affairs (BIA), the United States Internal Revenue Service (IRS), the United States Department of Interior Inspector General (DOIOIG), the United States Federal Bureau of Investigation (FBI) and the National Indian Gaming Commission (NIGC),” U.S. Attorney Sperling noted. “In February 2001, BIA officials were approached by local law enforcement officials complaining that a prostitution and drug ring was operating in the parking lot of the Seminole Nation I-40 travel plaza and casino. Federal authorities were already engaged in a lawsuit, later dismissed by the federal court, in an attempt to close the facility for operating illegal Class III slot machines. The government’s position was later vindicated on appeal.”

“Our focus then shifted from the parking lot to activities inside the casino and on to the operators and investors financing the Seminole casinos,” said U.S. Attorney Sperling. “What the investigators found deeply disturbed us.”

“AUSA Linda Epperley ably represented the United States in this case. Her expertise in the areas of Indian gambling, tax evasion, and money laundering was instrumental to the successful conclusion of this matter,” U.S. Attorney Sperling added.

“According to the guilty plea entered by the defendant, ONG and the tribe entered into a series of agreements beginning in August 2000. ONG was to build or update four casinos in Seminole County and to provide video games at those locations. Under the agreements, ONG’s company got 40% of the net winnings and the tribe received the remaining 60%,” AUSA Epperley recalled. “The agreements provided an additional benefit to ONG. Because ONG negotiated with the tribe as a machine vendor, rather than a gaming manager, his agreements were not reviewed by the NIGC, and ONG did not undergo a background check,” explained U.S. Attorney Sperling.

“A cursory background check of publicly-available records would have revealed a criminal record in California, alleged ties to organized crime in Nevada and an unpaid tax liability to the IRS,” noted U.S. Attorney Sperling. “The Information filed states that ONG owed nearly $200,000 to the IRS for taxes unpaid in 1991, 1995, 1997, and 1999-2001. ONG used the cash generated from the Seminole casinos to set up various bank accounts and manipulate financial records to hide his assets from the IRS. The two pieces of property that he agreed to forfeit today were purchased with funds from the scheme and placed in the names of third parties to conceal and disguise ONG’s true ownership.”

“Tracing ONG’s finances revealed unusual payments to some tribal leaders and required the investigation of other targets and subjects. Over the past six years, the records of over 70 bank accounts have been reviewed and rooms full of documents have been examined. Funds have been traced going through ONG, Carlo Worldwide, and Seminole casinos from multiple states and several foreign countries. Due to ONG’s attempts to open an Indian casino in the Hamptons and ONG’s direction that his 40% monthly payments be split with gambling-connected companies in Costa Rico, the money trail stretched far beyond a travel plaza on I-40. Each new account generated another list of individuals to be interviewed and leads to be followed. Federal agents have worked countless hours and performed admirably in this investigation.”

“The case of one other conspirator, Rick Deer, a tribal councilor who allegedly received gratuities from ONG is set for trial mid-July 2008.”

“The Information refers to at least three tribal public officials who requested and received illegal gratuities from ONG to advance and protect ONG’s gambling business with the Tribe. Person “A” was a General Council member and Seminole Nation Development Authority (SNDA) member who received at least 16 payments totaling $44,100 from ONG and Carlo. ONG paid a mortgage deficiency and attorney fees in the amount of $7,190.82 for Person “B” who served on the General Council and a gaming commission. Person “C”, who also served as a General Council member and SNDA member, received home renovations for which ONG paid $8,607. The Information states that certain individuals created false documents and doctored business records to conceal such payments from authorities.”

“While I will not elaborate on the identities of the unnamed co-conspirators referenced in the Information, I do want to mention three persons who are not implicated,” noted U.S. Attorney Sperling. “Former Chief Jerry Haney was informed of this investigation in 2001 and was asked to keep his knowledge confidential. He did so over the next two years at great personal and political cost. Current Chief Enoch Kelly Haney had also been made aware of the investigation and has been extremely supportive at every turn. Finally, Qazi Alam, the former SNDA Director who was initially considered at target of the investigation, has been cleared by ONG. ONG has told prosecutors that he offered a Rolex© watch to Mr. Alam and cash bonuses to Alam’s employees, but Mr. Alam refused all offers as unethical and unlawful. ONG said that, ‘Lots of others asked, but not Qazi,’ ” said U.S. Attorney Sperling.

“Bottom line? This was a man who should never have been allowed anywhere near an Indian gaming facility,” U.S. Attorney Sperling said after ONG’s plea. “Until we have a method of tracing not only those who manage, but also those who supply or invest in tribal casinos, Indian Country remains vulnerable to infiltration by those like defendant ONG.”

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FOR RELEASE: May 21, 2008
SUBJECT: COUCH, Larry Duane

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced the filing of a felony Information against Larry Duane Couch, age 55, of Vian, Oklahoma. “The three-count Information charges the defendant with Embezzlement of Government Funds, and Making and Subscribing a False Tax Return,” U.S. Attorney Sperling reported. “The Information also seeks forfeiture of $979,000.00.”

“Count One of the Information alleges that the defendant, while Superintendent of the Marble City School District, embezzled and converted to his own use, property over the value of $5,000.00. The embezzled money was under the care of the Marble City School District, which received more than $10,000.00 in federal funding,” U.S. Attorney Sperling said.

“Count Two alleges that the defendant, a resident of the Eastern District of Oklahoma, subscribed a 1040 United States Individual Income Tax Return, under penalties of perjury, which return was false. Count Two covers the tax year of 2003. During that tax year, the defendant claimed an adjusted gross income of $24,062.00. His adjusted gross income was actually $142,312.00.”

“Count Three is a forfeiture charge. The United States seeks forfeiture of $979,000.00, representing the amount of the proceeds the defendant obtained as the result of the offense of embezzlement of government funds.”

“I have assigned First Assistant United States Attorney Douglas A. Horn and Assistant United States Attorney Rob Wallace to this case,” continued U.S. Attorney Sperling. “Doug and Rob have deftly shepherded this matter.”

“The Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division spearheaded the federal inquiry. We worked closely with District Attorney Jerry Moore to facilitate what we anticipate will be an appropriate resolution of this sorry episode.”

“The forfeiture count entitles the United States to seize any property, real or personal, which constitutes or is derived from proceeds traceable to the offense.”

“Count One is punishable by imprisonment not to exceed ten (10) years, a fine not to exceed $250,000.00, and a supervised release term of up to three (3) years. Count Two is imprisonable for a period not to exceed three (3) years, and a fine of not more than $250,000.00.”

“The forfeiture count also has included the administrative forfeiture of a 1999 GMC Light Duty Van, a check in the amount of $10,408.00 from the Teacher’s Retirement System, a check in the amount of $3,600.68 from a livestock sale, and the following farm equipment: a hay rake, a hay baler, round baler, and Massey Ferguson tractor.”

“A signed plea agreement also provides that the United States may seize properties until the total amount of the criminal forfeiture, $979,000.00, is completely satisfied. The United States is further entitled to these assets to cover the costs of prosecution of $109,948.41,” noted U.S. Attorney Sperling.

“Properties to be forfeited include four real property holdings located in Sequoyah County, $100,000.00 held in an attorney trust account on behalf of the defendant, and approximately 250 acres near Tenkiller Lake, where the defendant is currently residing.”

“I expect that a plea hearing will soon be set in the United States District Court for the Eastern District of Oklahoma,” concluded U.S. Attorney Sperling.

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FOR RELEASE: May 21, 2008
SUBJECT: FRY, Michael, and MACCHIRELLA, Jared

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that MICHAEL FRY, age 30, of McAlester, Oklahoma, and JARED MACCHIRELLA, age 32, of Stuart, Oklahoma, were sentenced today.

“FRY pled guilty to money laundering conspiracy and conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18 U.S.C. Sections 1956(h) and 1957(a), Title 18 U.S.C., Section 371 and Title 18 U.S.C., Section 1952(a)(3), on November 11, 2007,” stated U.S. Attorney Sheldon J. Sperling. “He was sentenced to 120 months imprisonment on Count One, 60 months imprisonment on Count Two, to run consecutively, 60 months supervised release on each count, to run concurrently, and ordered to pay a Special Assessment of $200.00.”

“MACCHIRELLA pled guilty to two counts of interstate travel in aid of racketeering, in violation of Title 18 U.S.C., Section 1952(a)(3), on November 26, 2007. He was sentenced to 60 months imprisonment on each of the two counts, to run consecutively, 36 months supervised release on each count, to run concurrently, and ordered to pay a Special Assessment of $200.00,” stated U.S. Attorney Sheldon J. Sperling.

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencings. Judge White ordered the defendants to remain in custody of the U.S. Marshal Service to begin serving their sentences. Assistant United States Attorney Rob Wallace represented the government at the sentencings.”

“Special Agents of the DEA, Oklahoma City District and McAlester Resident Offices, assisted by various federal, state and local agencies successfully dismantled the Jared Macchirella and Brian Fry methamphetamine Drug Distributing Organization (DTO), based out of McAlester, Oklahoma. This priority target organization distributed in excess of 20 pounds of methamphetamine per month in Eastern Oklahoma and Northern Texas since 2003. Special Agents of the DEA led their team of law enforcement partners through the execution of a two-phased investigation consisting of the execution of eleven federal & state search warrants, undercover purchases of methamphetamine and psuedoephedrine, the cultivation of over 30 confidential sources / cooperating defendants, wire intercepts, pen registers / toll analysis, investigative grand jury and electronic / aerial surveillance. An extensive financial investigation was conducted, including document search warrants, cash flow analysis, ex-parte tax orders, analysis of cash trade assets, asset tracing and analysis of real property,” U.S. Attorney Sperling continued.

“This investigation resulted in the arrests of 53 defendants, the seizure of over 115 firearms and the removal of approximately 7,000 rounds of ammunition. In addition, the abstraction of psuedoephedrine and methamphetamine and the seizure of passenger vehicles, motorcycles, all-terrain vehicles, and real estate ensued. The federal prosecution started with thirteen defendants by the United States Attorney’s Office, Eastern District of Oklahoma, two of which were never arrested, and anticipated seizures of real property and assets, in excess of three million dollars, are expected,” added U.S. Attorney Sperling.

“James L. Capra, Special Agent in Charge (SAC) of the DEA’s Dallas Field Division, firmly believes that these cooperative efforts send a powerful message to those trying to profit from illicit drug sales in Oklahoma. Today, we have come together with many of our law enforcement partners to achieve a common goal. The dismantling of this Mexican methamphetamine distribution network is a major success in its own right. The far bigger success however, is that we have sent a profound message to any and all remaining drug dealers; that the law enforcement partnerships are solid, strong, and willing to go the distance to make our communities safe for our citizens,” stated Terri K. Wyatt, Dallas Field Division, Drug Enforcement Administration.

“This is yet another domino to fall in such a significant drug enforcement case for the citizens of Eastern Oklahoma. These types of conspirators only mean pain and grief to our state while making enormous monetary profits. We need more than simply disrupting these home-grown terrorist but we must totally dismantle them to the core. As a state, we must have great resolve when dealing with these groups and will fight for every town, every county in our state in our quest for a drug free Oklahoma,” added Director R. Darrell Weaver of the Oklahoma Bureau of Narcotics.

“Two other defendants in this case were sentenced in May of this year before the Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee. Those defendants have begun serving their sentences,” U.S. Attorney Sperling noted.

“On May 7, 2008, BRIAN FRY, age 25, of McAlester, Oklahoma, was sentenced to 240 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment of $100.00. FRY pled guilty on October 30, 2007, to money laundering conspiracy, in violation of Title 18, U.S.C., Sections 1956(h) and 1956(a)(1)(B).”

“On May 7, 2008, SHANNON FRY, age 34, of McAlester, Oklahoma, was sentenced to 120 months imprisonment, 36 months supervised release for Count One, and 60 months imprisonment and 36 months supervised release for Count Two, to run consecutively. The defendant was also ordered to pay a Special Assessment Fee of $200.00. FRY pled guilty on November 19, 2007, to money laundering conspiracy and conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18, U.S.C., Sections 1956(h) and 1957(a), Title 18, U.S.C., Section 371 and Title 18, U.S.C., Section 1952(a)(3).”

“On March 25, 2008, JENNIFER MARTIN, age 32, of McAlester, Oklahoma, was sentenced to 36 months imprisonment, 12 months supervised release, and ordered to pay a Special Assessment of $100.00. MARTIN pled guilty on August 27, 2007, to use of a communication facility in furtherance of a drug trafficking crime, in violation of Title 21 U.S.C., Section 843(b).”

“On March 25, 2008, HEATHER MCGEE, age 30, of Hanna, Oklahoma, was sentenced to 48 months imprisonment, 12 months supervised release, and ordered to pay a Special Assessment of $100.00. MCGEE pled guilty on September 21, 2007, to use of a communication facility in furtherance of a drug trafficking crime, in violation of Title 21 U.S.C., Section 843(b).”

“On March 26, 2008, JAMES SHELTON, age 45, of Owasso, Oklahoma, was sentenced to 60 months imprisonment, 24 months supervised release, and ordered to pay a Special Assessment of $100.00. SHELTON pled guilty on October 25, 2007, to conspiracy to possess methamphetamine, in excess of 500 grams, with intent to distribute, in violation of Title 18 U.S.C., Section 371 and Title 21 U.S.C., Section 841(a)(1).”

“Awaiting sentencing at this time is JACK RICE, age 62, of Pittsburg County, Oklahoma. RICE pled guilty to conspiracy to travel in interstate commerce to carry on unlawful activities, in violation of Title 18, U.S.C., Section 371 and Title 18 U.S.C., Section 1952(a)(3). RICE faces up to five years imprisonment and/or up to $250,000.00 in fines.”

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FOR RELEASE: May 27, 2008
SUBJECT: HARRISON, Alvin; a/k/a HARRISON, Rocky

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALVIN HARRISON, a/k/a Rocky Harrison, age 30, of Okmulgee County, Oklahoma, was sentenced for Possession with Intent to Distribute and Distribution of Cocaine Base a/k/a Crack Cocaine, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).

“HARRISON was sentenced to seventy (70) months imprisonment, thirty-six (36) months Supervised Release, and ordered to pay a $100 Special Assessment Fee,” stated U.S. Attorney Sheldon J. Sperling. “HARRISON pled guilty on November 1, 2007.”

“Charges arose from an investigation by the Drug Enforcement Administration. On February 27, 2007, HARRISON had in his possession and intended to distribute crack cocaine. On October 9, 2007, a one count felony information was filed charging HARRISON with possessing and distributing cocaine base,” recalled U.S. Attorney Sperling.

“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” recalled U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 Attorney Tom Giulioli and District 15 Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace is the primary federal prosecutor for this operation in the Eastern District of Oklahoma.”

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. Judge White ordered the defendant remain in the custody of the United States Marshal Service to begin serving his sentence.”

“Assistant United States Attorney Robert A. Wallace represented the government.”

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FOR RELEASE: May 27, 2008
SUBJECT: LAMBERT, Julie Marie

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JULIE MARIE LAMBERT, age 29, of Atoka, Oklahoma, was sentenced for Embezzlement by a Tribal Employee, in violation of Title 18, United States Code, Section 1163.

“LAMBERT was sentenced to three (3) years probation and ordered to pay $3,152.00 restitution to the Choctaw Nation Casino and $100 Special Assessment Fee,” stated U.S. Attorney Sheldon J. Sperling. “The defendant pled guilty to the charges in February 2008.”

“Charges arose from an investigation by the Federal Bureau of Investigation. LAMBERT, an employee of an Indian tribal organization, the Choctaw Nation Casino located in Stringtown, Oklahoma, embezzled $4,600.00 belonging to the Choctaw Nation that had been entrusted to the custody or care of an employee of the Choctaw Nation.”

“LAMBERT normally worked in the vault counting money but, on occasion, she provided relief for payout tellers. On August 9, 2007, LAMBERT provided lunch relief for a payout teller at one of the casino windows. When the payout clerk returned from lunch, she discovered several bundles of cash were missing. Casino security was called and started an investigation. A count of the cash on hand and payouts revealed that $4,600.00 in cash was missing. LAMBERT was interviewed and confessed to taking the cash from the casino,” U.S. Attorney Sperling continued.

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. First Assistant United States Attorney Douglas A. Horn represented the government.”

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FOR RELEASE: May 28, 2008
SUBJECT: COUCH, Larry Duane

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that LARRY DUANE COUCH, age 55, of Vian, Oklahoma, pled guilty to three counts of Embezzlement of Government Funds, Making and Subscribing a False Tax Return and Forfeiture of $979,000.00.

“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted COUCH’s guilty plea, and ordered the completion of a presentence report,” reported U.S. Attorney Sperling. “Upon its completion, sentencing will be scheduled. The defendant remains on bond, pending sentencing.”

“First Assistant United States Attorney Douglas A. Horn and Assistant United States Attorney Rob Wallace represented the government in this case.”

“Count One of the Information charged that the defendant, while Superintendent of the Marble City School District, embezzled and converted to his own use, property over the value of $5,000.00. The embezzled money was under the care of the Marble City School District, which received more than $10,000.00 in federal funding,” U.S. Attorney Sperling noted.

“Count Two states that the defendant, a resident of the Eastern District of Oklahoma, subscribed a 1040 United States Individual Income Tax Return, under penalties of perjury, which return was false. Count Two covers the tax year of 2003. During that tax year, the defendant claimed an adjusted gross income of $24,062.00. His adjusted gross income was actually $142,312.00.”

“The forfeiture count entitles the United States to seize any property, real or personal, which constitutes or is derived from proceeds traceable to the offense.”

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FOR RELEASE: May 28, 2008
SUBJECT: OSBORNE, Manuelito Ramon

MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today MANUELITO RAMON OSBORNE, age 35, of Wagoner, Oklahoma, pled guilty to bank robbery. The federal court proceeding in Muskogee was convened by U.S. Magistrate Judge Kimberly E. West at 10:30 AM.

“Earlier this morning, the defendant was found competent to proceed,” U.S. Attorney Sperling observed. “U.S. District Judge Ronald A. White ordered the competency finding.”

“The law requires that a defendant be able to understand the nature and consequences of the proceedings against him,” U.S. Attorney Sperling noted. “The law also requires that a defendant be able to assist properly in his defense.”

“The defense had moved the Court for a determination of competency. The Court had ordered a competency hearing. The Court placed the defendant in the custody of the Attorney General. Deputy U.S. Marshals transported the defendant to the Springfield Medical Center for Federal Prisoners.”

“The mental health evaluation was completed. A sealed report, based upon a comprehensive evaluation from mid-March to mid-April, was filed.”

“This morning, the District Court admitted the report into evidence. The Court considered the examination, the report, and the stipulation or agreement of the counseled defendant. The Court found the defendant mentally competent to fully comprehend the proceedings, to communicate with his lawyer, and to assist in his defense.”

“At 10:30 AM, a plea hearing was held. The defendant waived his right to proceed before an Article III judge. The Magistrate Judge carefully made inquiry to ensure that defendant’s meds did not affect his ability to think and comprehend. Defendant’s prior mental exams involved diagnosis which do bring into question defendant’s present competence. He was found mentally competent to proceed.”

“The U.S. Attorney announced the maximum statutory punishment. Federal bank robbery is punishable by imprisonment of not more than 20 years, a fine of not more than $25,000.00, and a term of supervised release up to 3 years.”

“The U.S. Attorney announced a preliminary guideline sentence estimate of 100-125 months. Federal sentencing guidelines are advisory. That is, the sentencing court must consider, but need not follow, the guidelines.”

“The defendant waived his constitutional rights. There is no plea agreement.”

“The defendant pled guilty. He admitted that he robbed Arvest Bank in Wagoner.”

“The Court found the defendant mentally competent to appreciate what he did – essentially, that he was legally sane. The Court then found the defendant guilty.”

“The Court ordered the U.S. Probation Office to prepare a Presentence Report. Sentencing will be set at a date to be later set.”

“The robbery occurred at about 3:35 PM on January 16, 2008,” reported U.S. Attorney Sperling. “The indictment alleged that on the 16th of January, 2008, OSBORNE robbed Arvest Bank in Wagoner. The indictment further alleged that the robbery was committed by force, violence, intimidation, and by means of a .177 caliber CO-2 pellet pistol, model number 1088, patterned after a Sig Sauer P-220 silver semi-automatic pistol with black grips.”

“The defendant’s robbery netted approximately $1,600 in cash.”

“The federal jurisdictional hook is that the Arvest Bank accounts are insured by the Federal Deposit Insurance Corporation,” U.S. Attorney Sperling continued.

“The charges are in violation of Title 18, United States Code, Section 2113(a).”

“The offense is punishable, upon conviction, by up to 20 years imprisonment and/or up to $250,000.00 fines. The arraignment will be held in Muskogee next Wednesday, January 23, 2008, at 2 PM.”

“I am very grateful for the quick response by Wagoner Police Officers,” U.S. Attorney Sperling said. “WPD officers immediately brought county, state, and federal officers to town. The investigation was coordinated among the Wagoner Police Department, the Wagoner County Sheriff’s Office, the Oklahoma Highway Patrol, the District 27 DA’s Office, the Federal Bureau of Investigation, and the U.S. Marshal Service.”

“The agency heads know who timely, bravely, and effectively participated in this cooperative venture to protect the Wagoner area public. As a matter of routine and safety, we don’t often publicly name individual officers. Their agency heads, however, include Wagoner Police Chief Terry Hornbuckle, Wagoner County Sheriff Johnny Cannon, Oklahoma Highway Patrol Commissioner Kevin Ward, District Attorney Jerry Moore, FBI Special Agent in Charge Mike Ward, and U.S. Marshal John Loyd.”

“This case involved an extremely dangerous high speed getaway from which the defendant, fortunately, didn’t get away. Officers chased the fleeing fugitive from a crowded public area, shot out his rear tires, and NASCARed him off Highway 69 and away from oncoming traffic. This case involved truly remarkable law enforcement work.”

“Thanks, guys, for keeping us safe. We are often too quick to criticize and second-guess split-second decisions. Not today. Great work!” U.S. Attorney Sperling concluded.

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FOR RELEASE: May 29, 2008
SUBJECT: COCHRAN, Brian Wade

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BRIAN WADE COCHRAN, age 26, of Choctaw County, Oklahoma, pled guilty to Failure to Register Pursuant to Sex Offender Registration and Notification Act, in violation of Title 18, U.S.C., Section 2250.

“COCHRAN was convicted of lewd molestation in December 2001,” reported U.S. Attorney Sheldon J. Sperling. “The Sex Offender Registration and Notification Act requires that convicted offenders register as a sex offender prior to moving to a new address within the State of Oklahoma or out of state.”

“COCHRAN last registered with the State of Oklahoma in December 2006. The defendant moved from his Sawyer, Oklahoma residence sometime during the period of April 27, 2007 and May 8, 2007. He traveled to the State of Washington and began residing there. COCHRAN did not notify the State of Oklahoma of his move to Washington. The defendant also did not register in the State of Washington.”

“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service, pending sentencing.”

“The statutory range of punishment is not more than ten (10) years imprisonment and/or up to $250,000.00 in fines, and not less than five (5) years supervised release,” stated U.S. Attorney Sperling. “A preliminary guideline calculation of the Sentencing Guidelines projects an advisory sentencing range of 77 to 96 months imprisonment.”

“Assistant United States Attorney Chris Wilson represented the government.”

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FOR RELEASE: May 29, 2008
SUBJECT: COLE, Rodney

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RODNEY COLE, age 29, of Muskogee, Oklahoma, was sentenced for Possession with Intent to Distribute and Distribution of Methamphetamine, a Schedule II Controlled Substance, in violation Title 21 United States Code, Sections 841(a)(1) & (b)(1)(C). COLE pled guilty to the charges on January 14, 2008.

“COLE was sentenced to seventy (70) months imprisonment, 36 months supervised release, and ordered to pay a $100.00 Special Assessment Fee,” stated U.S. Attorney Sheldon J. Sperling.

“Charges arose from an investigation by the Drug Enforcement Administration (DEA) and the Muskogee Police Department. In July, 2007, COLE was indicted for possessing with intent to distribute methamphetamine,” stated U.S. Attorney Sperling.

“On August 19, 2004, DEA and Muskogee Police Department agents made undercover purchases of methamphetamine from COLE,” continued U.S. Attorney Sperling.

“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing. The defendant remains in the custody of the United States Marshal Service.”

“Assistant United States Attorney Rob Wallace represented the government.”

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FOR RELEASE: May 29, 2008
SUBJECT: SPILLERS, Russell Eric

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RUSSELL ERIC SPILLERS, age 46, of Muskogee, Oklahoma, pled guilty to Felon in Possession of a Firearm, in violation of Title 18, U.S.C., Section 922(g)(1).

“Charges arose from an investigation by the Department of Alcohol, Tobacco, Firearms and Explosives,” reported U.S. Attorney Sperling. “On or about October 11, 2007, in Muskogee County, the defendant was found to be in possession of four firearms: a Remington model 1100, 12 gauge shotgun; a Remington model 740, .30-06 caliber rifle; a Savage Arms Springfield model 120A, .22LR caliber rifle; and a Savage Arms Stevens model 58B, .410 caliber shotgun. SPILLERS is a convicted felon.”

“The statutory range of punishment is not more than ten (10) years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary guideline calculation of the Sentencing Guidelines projects an advisory sentencing range at the top of the statutory range.”

“Assistant United States Attorney Shannon Henson represented the government.”

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FOR RELEASE: May 29, 2008
SUBJECT: TONG, John Anthony

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JOHN ANTHONY TONG, age 31, of Soper, Oklahoma, pled guilty to Failure to Register Pursuant to Sex Offender Registration and Notification Act, in violation of Title 18, U.S.C., Section 2250.

“TONG was convicted of aggravated sexual battery on a 6 year old victim in Virginia in 1995,” reported U.S. Attorney Sheldon J. Sperling. “The Sex Offender Registration and Notification Act requires that convicted offenders register as a sex offender prior to moving to a new address within the State of Oklahoma or out of state.”

“TONG moved to Oklahoma in 2004, and registered with the Choctaw County Sheriff’s Department in Hugo. Investigation revealed that from March through May of 2007, the defendant traveled from Oklahoma to work in Texas without registering with the State of Texas. It was also revealed that TONG traveled to the State of Georgia to work in January of 2008, and did not register in that state. At no time during these periods of interstate travel did the defendant notify the State of Oklahoma that he was leaving the state.”

“Assistant United States Attorney Chris Wilson represented the government.”

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FOR RELEASE: May 29, 2008
SUBJECT: WAGES, Ernest

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ERNEST WAGES, age 53, of Ada, Oklahoma, was sentenced for Possession of One or More Visual Depictions of a Minor Engaging in Sexually Explicit Conduct in violation of Title 18, United States Code, Section 2252(a)(4)(B). The sentencing also included the criminal forfeiture of a Dell computer and a DVD disk.

“WAGES was sentenced to seventy-eight (78) months imprisonment, 60 months supervised release, and ordered to pay a $100.00 Special Assessment Fee,” reported U.S. Attorney Sheldon J. Sperling.

“Charges arose from an investigation by the United States Immigration and Customs Enforcement Agency (ICE). WAGES was indicted by a federal grand jury in November 2007, and pled guilty to the charges on February 1, 2008,” stated U.S. Attorney Sperling.

“On May 22, 2007, ICE agents interviewed WAGES at his residence in Ada. During the interview, WAGES agreed to allow agents to view his computer. Images of child pornography were discovered on the computer. WAGES admitted to downloading images and videos of minors engaging in sexually explicit conduct over the Internet. WAGES also admitted he saved videos of child pornography on a DVD disk. The computer and DVD disk were seized by the agents,” U.S. Attorney Sperling continued.

“Assistant United States Attorney Christopher J. Wilson represented the government.”

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United States Attorneys Office

Eastern District of Oklahoma

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PRESS RELEASES - MAY 2008