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PRESS RELEASES - JUNE 2007


June 04, 2007 - PROJECT SAFE NEIGHBORHOOD DISTRICT TRAINING
June 05, 2007 - MCADAMS, Joseph Alondo
                          DAWSON, Curry Adoyle
                          JOHNSON, Leslie Bernard
                          PRICE, Brandie Zane
                          REESE, Melissa Gail
June 07, 2007 - JONES, Phillip Lamont
June 13, 2007 - HOLLY, Melvin Ellis
June 14, 2007 - FEDERAL GRAND JURY INDICTMENTS:
                          BIGHEAD, Raymond James Demoine
                          BLAIR, John Kevin
                          CARVER, April Dawn
                          CRAWFORD, Craig Murry
                          FERRELL, Robert Chavelle
                          HIDER, Clint Lee
                          HOOKS, Marcus Durell
                          KRAMER, William Scott
                          LUNA-KENNEDY, Juan
                          MARTIATO, Arnaldo
                          PAYNE, John August
                          SCHAEFER, Harold Todd
                          SCHULTZ, Anthony Frederick
                          UNGER, Greg Willard
                          WRIGHT, James Brian (1)
                          WRIGHT, James Brian (2)
June 14, 2007 - BLALACK, Sandra R.
June 14, 2007 - DANIELS, Clara Belle
June 14, 2007 - REYNOLDS, Donna L.
June 14, 2007 - TATUM, Jason Allen
June 26, 2007 - JOHNSON, Glenda Darlene
June 26, 2007 - PEREZ-PEREZ, Calletano
                          a/k/a ISCARAS, Victor
June 27, 2007 - PHIPPS, Steven R.
June 28, 2007 - STIPE, Eugene Earl



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FOR RELEASE:   June 04, 2007
SUBJECT:           PROJECT SAFE NEIGHBORHOOD DISTRICT TRAINING

 

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that a series of one-day training sessions is being conducted in the twenty-six counties comprising the Eastern District of Oklahoma, as part of the Department of Justice’s Project Safe Neighborhood Initiative.  “The United States Attorney's Office in Muskogee has developed partnerships with the Oklahoma Attorney General's Office, Oklahoma Criminal Justice Resource Center, District 25 District Attorney's Office, and District 19 District Attorney's Office, to provide this training,” U.S. Attorney Sperling noted.  “The project is supported in part by a grant awarded by the Office on Violence Against Women.”

“The seminar covers the nuts-and-bolts of federal case investigation and prosecution,” U.S. Attorney Sperling continued.  “Our aim is to set our sights on the most dangerous criminal offenders.  Domestic violence, particularly in rural southern and eastern Oklahoma, is the focus of investigative instruction.”

“Training has been provided in Ada, Ardmore, Durant, and Idabel. Future scheduled training sites include Okmulgee, Tahlequah, McAlester, and Muskogee.”

“Assistant United States Attorney Rob Wallace, Project Safe Neighborhood Coordinator for the district, headquartered in Muskogee, emphasizes federal statutes that local and state law enforcement officers can use to make a federal case against the most violent and dangerous repeat offenders. By using PSN resources, local law enforcement officers can seek lengthy incarceration of individuals who pose an imminent threat to people in our communities. Prohibiting people who may not legally possess a gun from having one serves as a deterrent to violent crime.”

“Assistant United States Attorney Linda Epperley is providing instructional training with an overview of domestic violence.  Her particular emphasis is on Native Americans and rural victims. Family violence and rates of victimization are discussion topics in her presentation.  AUSA Epperley explains that persons who are convicted of domestic violence misdemeanors or who are subject to a protective order are not allowed to possess firearms.  A recent study indicated Oklahomans are more likely to have firearms in their home as compared to other states.”

“Volatile domestic scenarios are presented to attendees who then respond with applicable statutes to the scenario.  Assistant Attorney General Unit Chief, Victim Services, Susan Damron Krug, also discusses Victim Information Notification Everyday, a program which enables victim notification on current status of offenders.  Tamatha Mosier, Program Manager, and Brandi Woods-Littlejohn of the Oklahoma Domestic Violence Fatality Review Board are presenting information on 2006 Oklahoma domestic violence fatalities, red flags, and safety planning.”

“PSN Anti-Gang Investigators Gary McCollum and Greg Ridgeway identify methods of recognizing gang activity in a community. PSN Investigators are focusing on gang members and violent offenders throughout the twenty-six counties.”

“Project Safe Neighborhood is a nationwide initiative committed to reducing gun violence by networking existing local programs that target gun crime and providing these programs with additional tools necessary to success. The goal is take a hard line against gun criminals through every available means in an effort to make our streets and communities safer.  PSN seeks to achieve heightened coordination among federal, state, and local law enforcement, with an emphasis on tactical intelligence gathering, more aggressive prosecutions, and enhanced accountability through performance measures,” concluded U.S. Attorney Sperling.


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FOR RELEASE:   June 05, 2007
SUBJECT:           McADAMS, Joseph Alondo; DAWSON, Curry Adoyle; JOHNSON, Leslie Bernard; PRICE, Brandie Zane; and REESE, Melissa Gail

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that all five defendants in a drug conspiracy which also contained firerarm charges have pled guilty in the United States District Court for the Eastern District of Oklahoma, in Muskogee.“Charges arose from a year-long investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Ft. Smith Police Department Narcotics Division.  Agents made purchases of narcotics in Sebastian County, Arkansas and Sequoyah County, Oklahoma, acting on information received from small-scale informants who purchased narcotics for consumption.  Search warrants were served on mini-storage units located in Ft. Smith, Arkansas and Sequoyah County, Oklahoma, that the conspirators used to store their illegal substances,” stated U.S. Attorney Sperling.

“JOSEPH ALONDO McADAMS, age 45, of Oklahoma City, pled guilty on April 20 to two counts of possession of methamphetamine, in excess of 50 grams of actual methamphetamine, with intent to distribute the substance, and one count of criminal forfeiture.  The crimes took place in August and September of 2006 in Sequoyah County. These charges are in violation of Title 21, U.S.C. Section 841(a)(1) and (b)(1)(A).   The statutory range of punishment is ten years to life on each of the drug charges and forfeiture of the 2002 Lexus vehicle from which he delivered methamphetamine, with fines of up to $4,000,000.00 on each of the drug charges.  A preliminary advisory federal sentencing guideline review projects McADAMS could face at least ten years imprisonment and 5 years supervised release.”

“MELISSA GAIL REESE age 22, of Muldrow, Oklahoma, pled guilty on March 29 to an Information charging her with possession of methamphetamine in excess of 500 grams of a mixture or substance containing a detectable quantity of methamphetamine with intent to distribute the substance on December 15, 2006 in Sequoyah County.  The charge is in violation of Title 21, U.S.C. Section 841(a)(1) and (b)(1)(A). The statutory range of punishment is ten years to life, with fines of up to $4,000,000.00.  A preliminary advisory federal sentencing guideline review projects REESE could face 121 to 151 months imprisonment and 5 years supervised release.”

“LESLIE BERNARD JOHNSON, age 40, of Muldrow, Oklahoma, pled guilty on April 12 to an Information charging him with possession of methamphetamine in excess of 500 grams of mixture or substance containing a detectable quantity of methamphetamine with intent to distribute the substance from April 2006 to February 2007 within the Eastern District of Oklahoma. The charge is in violation of Title 21, U.S.C. Section 841(a)(1) and (b)(1)(A).  The statutory range of punishment is ten years to life, with fines of up to $4,000,000.00.  A preliminary advisory federal sentencing guideline review projects JOHNSON could face ten years imprisonment and 5 years supervised release.”

“BRANDIE ZANE PRICE, age 28, of Muldrow, Oklahoma, pled guilty on April 23 to an Information filed charging her with possession of methamphetamine in excess of 500 grams of mixture or substance containing a detectable quantity of methamphetamine with intent to distribute the substance from May 2006 to February 2007 in Sequoyah County.  The charge is in violation of Title 21, U.S.C. Section 841(a)(1) and (b)(1)(A).   The statutory range of punishment is ten years to life, with fines of up to $4,000,000.00.  A preliminary advisory federal sentencing guideline review projects PRICE could face from 262 – 327 months imprisonment and 5 years supervised release.  This projection is based substantially on her five prior state court felony convictions in Arkansas and Oklahoma.”

“CURRY ADOYLE DAWSON,  age 36, of Spencer, Oklahoma, pled guilty on June 1 to Count 6 of the Indictment filed March 14, charging him with possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, U.S.C. Section 924(c).  The statutory range of punishment for this crime is 7 years to life, with fines of up to $250,000.00.  A preliminary advisory federal sentencing guideline review projects DAWSON could face 84 months imprisonment and 5 years supervised release.”

“Guilty pleas of all five defendants were accepted by magistrate judges in the United States District Court for the Eastern District of Oklahoma, in Muskogee.  Sentencings will be scheduled following the completion of presentence reports. All five defendants remain in the custody of the United States Marshal Service.”

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


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FOR RELEASE:   June 07, 2007
SUBJECT:           JONES, Phillip Lamont

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that PHILLIP LAMONT JONES, age 24, of Muskogee, Oklahoma, was sentenced for possession of ecstasy with the intent to distribute.

“JONES was sentenced to 180 months imprisonment, 36 months supervised release, and ordered to pay a Special Assessment fee of $100.00,” stated U.S. Attorney Sperling.

"The defendant pled guilty in January, 2007.  Charges arose from an investigation by the Muskogee Police Department, the Drug Enforcement Administration Drug Task Force, and the Oklahoma State Bureau of Investigation,” stated U.S. Attorney Sperling. “The offenses took place on September 14, 2006, and October 10, 2006, in Muskogee County, Oklahoma.”

“On September 14, 2006, an alert Muskogee Police Department officer parlayed anonymous caller information into excellent police investigative work,” observed United States Attorney Sperling.  “Patient surveillance revealed a series of nefarious actions.  Jones was seen depositing a plastic bag in a trash can.  He then left with three other people in a car.  The police stopped the car.  Co-defendant Grover Archie Evans ran and discarded a plastic baggie.  Officers recovered the baggie, which contained 55 grams of crack cocaine.”

“A month later, Muskogee Police Department officers arrested JONES in the bedroom of a house on Elgin.  Three other suspects had fled.  They have been identified, arrested and are facing state charges.  In JONES’ pants were 41 ecstacy pills.  A loaded 9mm pistol was found under the bed mattress, where Jones was reading.

“The advisory guideline was enhanced because JONES possessed a weapon.  State court charges are pending against the defendant for intimidating a witness; assault and battery with a dangerous weapon; breaking and entering; and drug trafficking.”

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.  Assistant United States Attorney Paul G. Hess represented the government at sentencing.  Assistant United States Attorney Dean Burris had represented the government through the investigation, charging, and disposition phases.”


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FOR RELEASE:   June 13, 2007
SUBJECT:           HOLLY, Melvin Ellis

MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that the Tenth Circuit Court of Appeals has upheld ten of fourteen criminal counts of conviction on MELVIN ELLIS HOLLY, age 66, former Sheriff of Latimer County, Oklahoma.

“HOLLY was sentenced to 25 years without parole in federal prison in November 2005.   United States District Court Judge Stephen P. Friot pronounced the sentence in the Eastern District of Oklahoma, at Muskogee,” recalled U.S. Attorney Sperling.

“On August 16, 2005, a federal jury had found Holly guilty of  twelve counts of Deprivation of Rights Under Color of Law, one count of Making a False Statement to an Agent of the Federal Bureau of Investigation, and one count of Tampering with a Witness.  Central to the charges was aggravated sexual abuse by the defendant of inmates.  The defendant’s conduct violated the inmates’ civil rights under the Constitution of the United States of America to bodily integrity – freedom from sexual battery,” U. S. Attorney Sheldon J. Sperling noted.

“The witness tampering felony, false statement felony, an aggravated sexual abuse felony, and eight misdemeanor convictions for civil rights deprivations – are undisturbed by this appellate decision,”  U.S. Attorney Sperling noted.  “The 300 month sentence imposed by the court has been upheld.  Under federal law, this lengthy sentence may not be the subject of parole.”

"Although the appellate panel found one jury instruction infirm, the appeals court credited the trial testimony that the defendant had nonconsensual sex with four female jail inmates and tried to have sex with another who physically resisted his advances.”

“The appellate panel upheld the court’s instruction on the proof of force.  Force may be inferred from difference in size between a defendant and victim, from a disparity in power or position, or from restraint.  But since the instruction did not clearly require the jury to find a heightened level of fear of death, serious bodily injury or kidnapping, the instructional error caused the panel to vacate 4 of 14 convictions.”

“The divided appeals court looked to what a rational jury would have found under a proper instruction.  As to Count V, which charged felony aggravated sexual abuse, the court found the jury verdict would have been the same without the error.  In short, the Denver-based court found the error harmless.  In this unique case, the opinion holds, the harmlessness of the error is both certain and readily apparent.  This conviction was supported, the court found, by overwhelming and uncontroverted evidence.”

“Even as to the counts of conviction reversed, the court found:  ‘… (it) is entirely possible the jury would have found Holly committed aggravated sexual abuse upon each of the five victims, had it been properly instructed on the statutory elements of the crime.’ ”

“I am confident that, in formulating instructions, the trial judge was trying to do the right thing.  I am also confident that in rendering the appellate decision, the panel judges tried to do what they believed the law requires.”

“The decision would permit retrial on the four counts.  After we deliberate with Department of Justice appellate counsel, we will decide whether to retry the 4 counts, seek resentencing, or do nothing.  The sentences on ten counts that survive, total 300 total months, with or without four fewer convictions.  And, of course, the defendant may ask the panel for a rehearing, request a rehearing before all the Tenth Circuit judges, or appeal to the Supreme Court.”

“The Court found overwhelming evidence in its review that in Count V, Holly had placed a victim in fear that they would be subjected to death, serious bodily injury, or kidnapping.  In addition to the explicit threat, the testimony at trial that Holly repeatedly looked at his gun prior to engaging in the sexual assaults constitutes direct and specific testimony of an implicit threat of death or serious bodily injury.  The Court opined there is no way a rational jury could have concluded the victim/witness was placed in fear of some bodily harm, as the jury necessarily did, without also concluding she was placed in fear of death or serious bodily injury.”

U.S. Attorney Sperling further recalls details from the district court sentencing.  “The charges resulted from an investigation by the Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation.  “We didn’t try the man he says he was,” United States Attorney Sperling stated at the time of the sentencing.  “We prosecuted the predator he became.”  

“We said in court that although one person, the defendant, was repeatedly and criminally gratified, each victim was individually, personally, and separately sexually battered.  This criminal behavior was volitionally chronic, not episodic.  The fact that the defendant elected to repeatedly violate his victims and the law, rather than to singularly batter one woman, should not inure to his benefit.”

“We applaud the courage of the victims/witnesses in this case.  Producing such victim testimony is no small accomplishment.  Victim Witness Specialist Mary Jo Speaker, First Assistant United States Attorney Gay Guthrie, and Assistant United States Attorney Dean Burris did an outstanding job to identify victims and sponsor the testimony and evidence.  FBI Special Agent Jim Dawson went above and beyond the call of duty as our case agent.”

“In rebutting the defense argument for sentencing leniency, we observed the defendant’s repeated criminality,” U. S. Attorney Sperling continued.  “When the defendant became aware that he was under investigation, he threatened a witness.  When he was confronted by investigators, he lied.”

“And the defendant committed the crimes of which he stands convicted while wearing or possessing both a badge and a gun.”

“These counts involve sexual assaults of female jail inmates, female employees of the Latimer County Sheriff’s Office, and a private citizen.”

“The defendant, when confronted by an FBI Special Agent concerning the allegations, denied any form of sexual contact with any prisoner of the Latimer County Jail,” U. S. Attorney Sperling continued.  “He also threatened one of the victims by telling her she would end up floating face down in a river if she told authorities about the sexual contact the defendant had with her.” 

“Under state law, a female prisoner cannot consent to sex with a law enforcement officer.  Why?  Jailers have absolute control over prisoners’ lives.  Responsible law enforcement officers govern themselves accordingly.”


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FOR RELEASE:   June 14, 2007
SUBJECT:           FEDERAL GRAND JURY INDICTMENTS: BIGHEAD, Raymond James Demoine; BLAIR, John Kevin; CARVER, April Dawn; CRAWFORD, Craig Murry; FERRELL, Robert Chavelle; HIDER, Clint Lee; HOOKS, Marcus Durell; KRAMER, William Scott; LUNA-KENNEDY, Juan; MARTIATO, Arnaldo; PAYNE, John August; SCHAEFER, Harold Todd; SCHULTZ, Anthony Frederick; UNGER, Greg Willard; WRIGHT, James Brian (1);WRIGHT, James Brian (2)

MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the results of the June 2007 Federal Grand Jury.

The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  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.

JAMES BRIAN WRIGHT, age 30, of Sallisaw, Oklahoma, Felon in Possession of Firearm, 2 counts.  The charges stem from an investigation conducted by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives in cooperation with the Sallisaw Police Department.  WRIGHT, who is alleged to be a convicted felon, is charged with being in possession of a Browning .22 caliber pistol and a Charco, .38 caliber pistol in Sallisaw, Oklahoma on or about February 22, 2007.   The charges are in violation of Title 18, United States Code, Section 922(g).   The defendant is in custody.
(Up to 10 years imprisonment and/or a fine of up to $250.00.00 on each count)
Assistant United States Attorney Christopher J. Wilson

JAMES BRIAN WRIGHT, age 30, of Sallisaw, Oklahoma, Failure to Register Pursuant to Sex Offender Registration and Notification Act.    The indictment stems from an investigation conducted by the United States Marshal Service.  WRIGHT, an alleged sex offender, is accused of having knowingly failed to register and update his registration as a sex offender after moving to Sequoyah County, Oklahoma in December, 2006 as required by the Sex Offender Registration and Notification Act. The charge is in violation of Title 18, United States Code, Section 2250.  The defendant is in custody.
(Up to 10 years imprisonment and/or a fine of up to $250,000.00)
Assistant United States Attorney Christopher J. Wilson

HAROLD TODD SCHAEFER, age 41, of Coweta, Oklahoma, Felon in Possession of a Firearm.  SCHAEFER, an alleged convicted felon, was charged as a result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives in cooperation with the Wagoner County Sheriff’s Department.  The indictment alleges that on or about March 21, 2006, SCHAEFER knowingly possessed a Smith & Wesson .40 caliber pistol after having previously been convicted of a felony offense.  The charge is in violation of Title 18, United States Code, Section 922(g).  The defendant is in state custody on other matters.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Christopher J. Wilson

CLINT LEE HIDER, age 39, of Bluejacket, Oklahoma, Unlawful Conversion of Government Funds.   The charge is the result of an investigation conducted by the Department of Veterans Affairs, Office of Inspector General.  During the period from June 24, 2004 to December 12, 2005, HIDER is alleged to have knowingly converted to his own use and benefit in excess of $1,000.00 in VA benefits payments made to HIDER’s father, which should have terminated at the time of his father’s death.  The charge is in violation of Title 18, United States Code, Section 641.  The defendant is not in custody.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Christopher J. Wilson

RAYMOND JAMES DEMOINE BIGHEAD, age 21, of Seminole County, Oklahoma, Theft of Government Property.  The charge is the result of an investigation by the Bureau of Indian Affairs.  In March 2007, the defendant allegedly stole property for his own use from the Okmulgee Agency Fire Suppression Crew.  Property taken was a 2001 Chevrolet Van, single-axle trailer, and miscellaneous firefighting equipment belonging to the Department of Interior, Bureau of Indian Affairs, valued at $25,468.44.  The charge is in violation of Title 18, United States Code, Section 641.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Linda A. Epperley

CRAIG MURRY CRAWFORD, age 36, of Dewar, Oklahoma, Distribution of Visual Depictions of Minors Engaging in Sexually Explicit Conduct; Possession of Visual Depictions of Minors Engaging in Sexually Explicit Conduct; and Criminal Forfeiture.  The charges arose from an investigation by the Federal Bureau of Investigations.  The defendant allegedly had in his possession and distributed in excess of 600 images, including both still images and video-clips, that had been transported in interstate or foreign commerce by means of a computer.  The alleged offenses took place on or about January 25, 2006 and August 15, 2006 in Okmulgee County.  The charges are in violation of Title 18, United States Code, Section 2252(a)(2), Title 18 United States Code, Section 2252A(a)(5), and Title 18, United States Code, Sections 1467(a)(3) and 2253.  The defendant is not in custody.
(Up to 20 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Linda A. Epperley

ROBERT CHAVELLE FERRELL, age 25, of Tulsa, Oklahoma, Felon in Possession of a Firearm.  The charge arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant allegedly knowingly possessed a SWD Cobray M-11, 9mm semi-automatic weapon after having previously been convicted of a felony offense. The offense occurred in McIntosh County on October 24, 2006.  The charge is in violation of Title 18, United States Code, Section 922(g)(1).  The defendant is in custody.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Robert A. Wallace

MARCUS DURELL HOOKS, age 23, of Tulsa, Oklahoma, Felon in Possession of a Firearm.  The charge arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant allegedly knowingly possessed a ROHM .38 caliber revolver after having previously been convicted of a felony offense. The offense occurred in McIntosh County on October 24, 2006.  The charge is in violation of Title 18, United States Code, Section 922(g)(1).  The defendant is in custody.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Robert A. Wallace

JUAN LUNA-KENNEDY, age 28, of Ft. Smith, Arkansas, Possession of Cocaine with Intent to Distribute.  The charge arose from an investigation by the Drug Enforcement Administration.  The defendant allegedly possessed in excess of 500 grams of cocaine with the intent to distribute.  The offenses took place in March 2007 in Sequoyah County.  The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(ii)(II) and Title 18, United States Code, Section 2.
(Up to 40 years imprisonment and/or fines of up to $2,000,000.00)
Assistant United States Attorney Ryan M. Roberts

ARNALDO MARTIATO, age 60, of Ft. Smith, Arkansas, Possession of Cocaine with Intent to Distribute.   The charge arose from an investigation by the Drug Enforcement Administration.  The defendant allegedly possessed in excess of 500 grams of cocaine with the intent to distribute.  The offenses took place in March 2007 in Sequoyah County.  The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(ii)(II) and Title 18, United States Code, Section 2.
(Up to 40 years imprisonment and/or fines of up to $2,000,000.00)
Assistant United States Attorney Ryan M. Roberts

JOHN AUGUST PAYNE, age 35, of Haskell, Oklahoma, Felon in Possession of a Firearm.  The charge arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant allegedly knowingly possessed a Ruger, model Security-six , .357 magnum revolver; a Mossberg, model 88, 12 gauge shotgun; a Remington, model 870, 12 gauge shotgun; and a Remington, model 870, 20 gauge shotgun, after having previously been convicted of a felony offense.  The offenses took place on January 8, 2007 in Muskogee County.  The charges are in violation of Title 18, United States Code, Section 922(g)(1) and Title 18, United States Code, Section 2.  The defendant is in state custody in Muskogee.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Robert A. Wallace

JOHN KEVIN BLAIR, age 34, of Haskell, Oklahoma, Felon in Possession of a Firearm.  The charge arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant allegedly knowingly possessed a Ruger, model Security-six, .357 magnum revolver; a Mossberg, model 88, 12 gauge shotgun;  a Remington, model 870, 12 gauge shotgun;  and a Remington, model 870, 20 gauge shotgun, after having previously been convicted of a felony offense.  The offenses took place on January 8, 2007 in Muskogee County.  The charges are in violation of Title 18, United States Code, Section 922(g)(1) and Title 18, United States Code, Section 2.  The defendant is in state custody in Muskogee.
(Up to 10 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Robert A. Wallace

ANTHONY FREDERICK SCHULTZ , age 40, of Tahlequah, Oklahoma, Transportation of Firearm with Obliterated Serial Numbers and Possession of an Unregistered Firearm.  The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The defendant allegedly transported in interstate commerce, a HI-Point 9 mm, model C-9, with the manufacturer’s serial number obliterated.  SCHULTZ also possessed a destructive device not registered to him in the National Firearms Registration and Transfer Record.  The offenses occurred in Cherokee County on June 3, 2004 and July 9, 2004.  The charges are in violation of Title 18, United States Code, 922(k) and Title 26, United States Code, Sections 5841, 5861(d), and 5871.  The defendant is not in custody.
(Up to 5 years imprisonment and/or fines of up to $250,000.00 on Transporting of Firearm charge)
(Up to 10 years imprisonment and/or fines of up to $10,000.00 on Unregistered Firearm charge)
Assistant United States Attorney Ryan M. Roberts

WILLIAM SCOTT KRAMER, age 37, of Tahlequah, Oklahoma, Giving False Information or Hoax.  The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  On April 25, 2007, the defendant made a bomb threat at Northeastern State University, in Tahlequah.  The charge is in violation of Title 18, United States Code, Section 1038(a)(1).  The defendant is not in custody.
(Up to 5 years imprisonment and/or fines of up to $250,000.00)
Assistant United States Attorney Paul G. Hess

APRIL DAWN CARVER, age 33, of Stilwell, Oklahoma, Making a Firearm (2 counts); Possession of an Unregistered Firearm (2 counts); and Attempting to Manufacture Methamphetamine.  The charges arose from an investigation by the Stilwell Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  CARVER and co-defendant GREG WILLARD UNGER were charged by complaint on May 4, 2007, with Possession of an Unregistered Firearm and Making a Firearm.   At a preliminary hearing and in the affidavit in support of the complaint, a BATFE Special Agent identified a history involving a child custody dispute between the victim and defendant CARVER.    CARVER allegedly served as a lookout as UNGER attached devices to the victim’s truck in an attempt to blow it up when started.  The defendants were arrested by BATFE agents on April 16, 2007.  At a preliminary hearing, the defendants were bound over for further charging action.  The charges are in violation of Title 26, United States Code, Sections 5861(f), 5822, 5845 & 5871, Title 18, United States Code, Section 2; Title 26, United States Code, Sections 5861(d), 5845 & 5871, and Title 18, United States Code, Section 2; and Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C) & 846, and Title 18, United States Code, Section 2.
(Up to 10 years imprisonment and/or fines of up to $10,000.00 on each of Counts 1 -4)
(Up to 20 years imprisonment and/or fines of up to $1,000,000.00 on Count 5 (Meth) )
Assistant United States Attorney Christopher J. Wilson

GREG WILLARD UNGER, age 27, of Stilwell, Oklahoma, Making a Firearm (2 counts); Possession of an Unregistered Firearm (2 counts); and Attempting to Manufacture Methamphetamine.  The charges arose from an investigation by the Stilwell Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  UNGER and co-defendant APRIL DAWN CARVER were charged by complaint on May 4, 2007, with Possession of an Unregistered Firearm and Making a Firearm.   At a preliminary hearing and in the affidavit in support of the complaint, a BATFE Special Agent identified a history involving a child custody dispute between the victim and defendant CARVER.    CARVER allegedly served as a lookout as UNGER attached devices to the victim’s truck in an attempt to blow it up when started. The offenses took place in early April 2007 in Adair County.   The defendants were arrested by BATFE agents on April 16, 2007.  At a preliminary hearing, the defendants were bound over for further charging action.  The charges are in violation of Title 26, United States Code, Sections 5861(f), 5822, 5845 & 5871, Title 18, United States Code, Section 2; Title 26, United States Code, Sections 5861(d), 5845 & 5871, and Title 18, United States Code, Section 2; and Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C) & 846, and Title 18, United States Code, Section 2.
(Up to 10 years imprisonment and/or fines of up to $10,000.00 on each of Counts 1 -4)
(Up to 20 years imprisonment and/or fines of up to $1,000,000.00 on Count 5 (Meth) )
Assistant United States Attorney Christopher J. Wilson


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FOR RELEASE:   June 14, 2007
SUBJECT:           BLALACK, Sandra R.

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that SANDRA R. BLALACK, age 41, of Antlers, Oklahoma, was sentenced for Embezzlement of Government Funds.

“BLALACK was sentenced to 36 months probation, with six months of home detention and ordered to pay a Special Assessment fee of $100.00.  The defendant was ordered to pay restitution in the amount of $43,683.00,” stated U.S. Attorney Sperling.

"The defendant pled guilty in January, 2007.  Charges arose from an investigation by the U.S. Department of Veteran Affairs,” commented U.S. Attorney Sperling.   “The offense took place beginning in or around July 1, 1997, and continuing to in or around March 1, 2005.”

“Beginning in or around July 1, 1997, and continuing to in or around March 1, 2005, BLALACK continued to keep for her own use Dependency and Indemnity Compensation benefits obtained from the United States Department of Veterans Affairs, in the amount of $51,979, to which her minor children were entitled.  BLALACK did not have custody of her children during that time.  The investigation was initiated pursuant to a referral from the VA Fiduciary and Field Examination Section, of the VA Regional Office in Muskogee, Oklahoma,” recalled U.S. Attorney Sperling.

“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 Ryan M. Roberts represented the government at sentencing.”


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FOR RELEASE:   June 14, 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, was sentenced for Theft, Embezzlement, or Misapplication by a Bank Employee.

“DANIELS was sentenced to 24 months probation, with six months home detention and ordered to pay a Special Assessment fee of $100.00.  The defendant was ordered to pay restitution in the amount of $66,079.00,” stated U.S. Attorney Sperling.

“The defendant pled guilty in April, 2007.  Charges arose from an investigation by the Federal Bureau of Investigation,” commented U.S. Attorney Sperling.  “The offenses occurred from October, 2005, to January, 2006, in Cherokee County, Oklahoma.” 

“From October, 2005, to January, 2006, the defendant was a bank teller at the Bank of Cherokee County in Hulbert, Oklahoma.  The embezzlement was discovered during an audit disclosing approximately $66,000.00 missing from DANIELS’ teller drawer.”

“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 Ryan Roberts represented the government at sentencing.”


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FOR RELEASE:   June 14, 2007
SUBJECT:           REYNOLDS, Donna L.

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DONNA L. REYNOLDS, age 42, of Durant, Oklahoma, was sentenced for Bank Fraud.

“REYNOLDS was sentenced to 30 months imprisonment, 60 months supervised release and ordered to pay a Special Assessment fee of $100.00.  The defendant pay restitution in the amount of $317,183.63,” stated U.S. Attorney Sperling.

“The defendant pled guilty in January, 2007.  Charges arose from an investigation by the Federal Bureau of Investigation. The offenses took place in August, 2006, in Bryan County, Oklahoma.”  

“The defendant was an employee of First Texoma National Bank when the offenses occurred.  REYNOLDS devised a scheme to create false and fraudulent loans in the name of customers of the bank.  She acquired the proceeds of the loans and applied them to her own personal use. REYNOLDS used certificates of deposit owned by a customer of the bank as collateral for a loan in the amount of $150,000.00, without the consent or knowledge of the customer.  REYNOLDS then transferred the amount of the loan proceeds from the customer’s account to several accounts for which she had signatory authority.”

“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.  Assistant United States Attorney Ryan M. Roberts represented the government at sentencing.”


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FOR RELEASE:   June 14, 2007
SUBJECT:           TATUM, Jason Allen

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JASON ALLEN TATUM, age 30, of Calvin, Oklahoma, was sentenced for a Securities of the States and Private Entities violation.

“TATUM was sentenced to 24 months imprisonment, 36 months supervised release and ordered to pay a Special Assessment fee of $100.00.  The defendant was ordered to pay $3,255.48 restitution,” stated U.S. Attorney Sperling.

“The defendant pled guilty in March, 2007.  Charges arose from an investigation by the U.S. Secret Service,” recalled U.S. Attorney Sperling.  The offenses took place on July 16, 2006, in Hughes County, Oklahoma.” 

"While in custody of the Pontotoc County Jail TATUM admitted to counterfeiting commercial checks as well as three driver’s licenses.  Upon interview by U.S. Secret Service TATUM further admitted to using a friend’s computer to manufacture counterfeit checks for a business that he randomly selected out of the phonebook.  During July 2006, the defendant counterfeited and passed approximately ten (10) checks totaling around $3,200.00.”

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


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FOR RELEASE:   June 26, 2007
SUBJECT:           JOHNSON, Glenda Darlene

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that GLENDA DARLENE JOHNSON, age 51, of Eufaula, Oklahoma, pled guilty to Theft, Embezzlement or Misapplication by a Bank Employee, in violation of Title 18, United States Code, Section 656.

“JOHNSON waived indictment and pled guilty.  Charges arose from an investigation by the Federal Bureau of Investigation.  From on or about June 1, 2002 to on or about December 8, 2006, the defendant willfully misapplied or embezzled approximately $335,982.75 from the Bank of Eufaula.  JOHNSON was Vice President of the bank at the time,” stated U.S. Attorney Sperling.

“The Honorable Kimberly E. West, 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 free on bond pending sentencing.”

“A preliminary advisory federal sentencing guideline review projects JOHNSON could face from 21 - 27 months imprisonment and be required to pay full restitution.”

“The statutory range of punishment is up to 30 years imprisonment and/or up to $1,000,000.00 in fines,” noted U.S. Attorney Sperling.

“Assistant United States Attorney Ryan Roberts represented the government.”


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FOR RELEASE:   June 26, 2007
SUBJECT:           PEREZ-PEREZ, Calletano; a/k/a ISCARAS, Victor

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CALLETANO PEREZ-PEREZ, a/k/a Victor Iscaras, age 29, of Mexico, pled guilty to Interstate Transportation in Aid of Racketeering Enterprise, in violation of Title 21, United States Code, Section 841.

“Charges arose from an investigation by the Drug Enforcement Administration and the Oklahoma Highway Patrol.  On February 3, 2005, the OHP made a traffic violations stop of the defendant on I-40 in Sequoyah County.  Just under three pounds of 99% pure methamphetamine was found in the vehicle,” stated U.S. Attorney Sperling.

“In a roller coaster prosecution, the defendant was charged by Complaint on February 11, 2005. On March 16, 2005, an indictment was returned against the defendant, and he pled guilty on April 15, 2005.  On June 19, 2005, the defendant withdrew his plea of guilt.  The defendant was adjudicated incompetent to stand trial on November 21, 2005.  He received treatment which restored him to competency in June of 2006.  In September 2006, the defendant was once again found to be incompetent to stand trial.  He received further treatment.  He was once again found competent on January 30, 2007.  In February 2007, the defendant was again determined incompetent and received further treatment.  In May of this year, PEREZ-PEREZ was returned to competency for a third time,” explained U.S. Attorney Sperling.

“The defendant has a second grade education, a head injury, and was variously diagnosed as suffering from extreme depression,” U.S. Attorney Sperling reported.  “The magistrate judge meticulously ensured that the defendant understood the nature, purpose, and consequences of the legal proceedings and the plea of guilty.”

“The Honorable Kimberly E. West, 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.”

“A preliminary advisory federal sentencing guideline review projects PEREZ-PEREZ could face up to five years imprisonment.”

“The statutory range of punishment is up to five years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling.

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

 

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FOR RELEASE:   June 27, 2007
SUBJECT:           PHIPPS, Steven R.

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STEVEN R. PHIPPS, age 52, of Kiowa, Oklahoma, pled guilty to an Information filed on June 22, 2007.

"The information alleges a violation of Title 18, United States Code, Section 371, Conspiracy to Defraud the United States,” stated U.S. Attorney Sperling.  “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.”

“The ‘another’ is a reference to citizens of the state of Oklahoma and of the Eastern District of Oklahoma.  This offense is punishable by a term of imprisonment not to exceed five years, a fine not to exceed $250,000, or both.”

"Today, PHIPPS, the second defendant to be charged in the conspiracy, 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 Dan Webber, of Oklahoma City.  First Assistant United States Attorney Gay Guthrie and Assistant United States Attorney Ryan Roberts have represented the government in a highly competent manner.”

“Federal agencies involved in the investigation are the Federal Bureau of Investigation and the Internal Revenue Service’s Criminal Investigation Division.  Their persistent and professional investigative efforts have led to today’s successful outcome,” remarked U.S. Attorney Sperling.  “Defendant PHIPPS was professionally and aggressively represented by highly competent defense counsel, Dan Webber.  We wouldn’t want it any other way.”

“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 (RDF), which then provided the funds to National Pet Products (NPP) and Indian Nations Entertainment Corporation (INE).  These business entities were situated in the Eastern District of Oklahoma that are largely owned and operated by the defendant.”

“Michael Don Mass, age 55, of Higgins, Oklahoma, former state legislator, pled guilty to conspiracy charges on April 13, 2007.  He is under U.S. Probation Office supervision pending sentencing.”

"The defendant admitted participating in the charged conspiracy.  He specifically admitted, ‘I agreed with Mike Mass and others on a plan to have state funds appropriated by the Legislature steered to an entity known as the Rural Development Foundation (RDF).  RDF would then provide the funds to National Pet Products (NPP) and Indian Nation Entertainment (INE), businesses then largely owned and operated by me.  In order to secure state funding for RDP, that would then be provided to INE, I agreed to periodically pay Representative Mike Mass and two other influential state legislators each a percentage of the gross income from the gaming machines that were manufactured as a result of the state funding.  I paid cash kickbacks to the three legislators in accordance with this agreement.  Also, on or about May 25, 2005, I 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 Eastern Oklahoma Economic Development District, through the United States Mail.  RDF and INE are located within the Eastern District of Oklahoma’”

“The information also alleges that in 2002, 2003, 2004, and 2005, three legislators, by virtue of their positions, were in positions to allocate appropriate funds to state agencies.  Those state agencies include the Oklahoma Department of Commerce, the Oklahoma Department of Agriculture, and various Councils of Government, known as 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, PHIPPS agreed to periodically pay the three legislators each a percentage of the gross income from the gaming machines that were manufactured as a result of the funds steered to RDF  then provided to INE.”

“The information asserts that, on internal INE documents, the three legislators were referred to as ‘investors’ even though they did not invest any of their own funds with INE.”

“The information further alleges that the three legislators were periodically paid cash kickbacks in the amount of their agreed percentage of the gross profits from the designated gaming machines.”

“The following overt acts are alleged as having been committed or caused to be committed by the conspirators in furtherance of the conspiracy:

  1. On or about July 29, 2004, Legislator A caused a check for $250,000 to be sent from KEDDO to RDF through the United States mail;
  2. 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;
  3. 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;
  4. On or about May 25, 2005, the Defendant 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 PHIPPS, 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 on June 22, 2007.  Today, defendant PHIPPS admitted that he is, in fact, guilty of the charged conspiracy.
  2. We agreed that, all factors considered, 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 may 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,’” U.S. Attorney Sperling noted.  “Such factors generally 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 PHIPPS agreed to cooperate fully with the United States.  Complete and truthful cooperation is a material condition of this agreement. “Such cooperation may involve 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 ... and taking no steps to tip or warn any subject of this investigation ... THIS AGREEMENT IS EXPLICITLY 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 PHIPPS 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 PHIPPS 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.

“This investigation is ongoing.  Our aim is that prosecutorial decisions in this case, as otherwise, will be based on all facts of which we are aware.  I am not prepared to publicly declare that the dark side of the “good ole boy” system is dead in the State of Oklahoma.”

“But this conviction does speak loudly.  Public servants may not line their pockets or provide benefits to their friends and associates which are not available to others.  Economic development via public funds should be open to all, not limited to a few cronies.”

“This disposition is consistent with what we have done, and will do in the future, should the court approve.  This resolution applies to the defendants who admit what they’ve done and cooperate with the ongoing investigation,” concluded U.S. Attorney Sperling.


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FOR RELEASE:   June 28, 2007
SUBJECT:           STIPE, Eugene Earl

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that EUGENE EARL STIPE, age 80, of McAlester, Oklahoma, appeared for a First Revocation Hearing of his probation today at 10:00 A.M. in Courtroom 4, before Magistrate Judge Steven P. Shreder, in Muskogee.

“In April of 2003, the probationer was convicted in a U.S. District Court at Washington, D.C., of federal campaign violations,” U.S. Attorney Sperling said.  “He was sentenced to a term of home detention and probation. The sentence specifically required five (5) years probation and six months of home detention.  The probation supervision commenced January 30, 2004.”

“On April 23, 2007, a court order was entered to transfer jurisdiction of the probation to the Eastern District of Oklahoma.  A petition for summons for offender under supervision was filed on June 7, 2007 by the United States Probation Office for the Eastern District of Oklahoma. The petition recited that the probationer was in noncompliance with the terms of his probation.”

"The alleged violations are that the probationer broke the law by committing another crime and by associating with a convicted felon,” U.S. Attorney Sperling reported.

“At today’s hearing, the probationer was advised of his rights pursuant to the Federal Rules of Criminal Procedure.  A subsequent final hearing will be scheduled before Judge Ronald A. White, United States District Judge.”


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