PRESS RELEASES - August 2006
August 1, 2006 - JOHNSON, Terry Michael
August 1, 2006 - TICAS, Roberto Antonio; and LOPEZ-GARCIA, Victor Manuel
August 2, 2006 - WEBB, Lisa; a/k/a BROWNFIELD, Lisa
August 4, 2006 - COCKFIGHTING INDICTMENTS:
- DAUGHERTY, Michael Eugene
- GACHOT, Shan
- TSOODLE, William Henry
August 4, 2006 - WATSON, Wendy
August 10, 2006 - GREEN, Randy Stephen
August 14, 2006 - CHECOTAH, Lisa Dawn; and ARNOLD, Brian
August 14, 2006 - CONDICT, Timothy Glenn
August 22, 2006 - COLLINS, Antonio Laron
August 25, 2006 - CURRENS, Johnny Wayne
August 25, 2006 - HALE, Raymond Chance
August 25, 2006 - SORRELS, Tatum Doyree
August 31, 2006 - CHRISTIAN, Michael Dale
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FOR RELEASE: August 1, 2006
SUBJECT: JOHNSON, Terry Michael
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that TERRY MICHAEL JOHNSON, age 46, of Enid, Oklahoma was sentenced to five (5) years probation, ordered to pay $18,768 in restitution to the Social Security Administration, and a $100 special assessment fee.
JOHNSON pled guilty to Social Security Fraud in February 2006 in the United States District Court for the Eastern District of Oklahoma, in Muskogee.
The charge arose from an investigation by the Social Security Administration and the Office of the Inspector General. “The defendant continued to receive survivor benefits for a dependant child after the child went to live with the nature mother,” United States Attorney Sheldon J. Sperling said. “JOHNSON did not make those funds available for the benefit of the child and did not notify the Social Security Administration of the status change.”
The Honorable Ronald A. White pronounced sentencing today. Assistant United States Attorney Mike Littlefield represented the government during today’s sentencing.
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FOR RELEASE: August 1, 2006
SUBJECT: TICAS, Roberto Antonio; and LOPEZ-GARCIA, Victor Manuel
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ROBERTO ANTONIO TICAS, age 57, of Los Angeles, CA, and VICTOR MANUEL LOPEZ-GARCIA, age 36, of Chicago, IL, were sentenced to 121 months and 168 months imprisonment respectively. Each defendant also received 60 months supervised release and a $100 special assessment fee.
TICAS and LOPEZ-GARCIA were found guilty by a jury in the United States District Court for the Eastern District of Oklahoma, at Muskogee, in March 2006 of possession with intent to distribute cocaine.
The charges arose from an investigation by the Drug Enforcement Administration and the Oklahoma Highway Patrol. “The defendants had made multiple cross-country trips in separate automobiles containing hidden cargo compartments,” recalled United States Attorney Sheldon J. Sperling. “A total of fourteen (14) kilos of cocaine was found in the defendants’ vehicles, each defendant having seven (7) kilos in the hidden compartment. The convictions were well warranted.”
The Honorable Ronald A. White pronounced sentencing today. Assistant United States Attorney Mike Littlefield represented the government during the trial and today’s sentencing.
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FOR RELEASE: August 2, 2006
SUBJECT: WEBB, Lisa; a/k/a BROWNFIELD, Lisa
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that LISA WEBB, a/k/a LISA BROWNFIELD, age 37, of Dewar, Oklahoma, pled guilty to Embezzlement. The defendant’s plea was accepted in the United States District Court for the Eastern District of Oklahoma, at Muskogee, by United States Magistrate Judge Kimberly E. West.
“The charges are the result of an investigation by the Department of Labor. WEBB was indicted before a federal grand jury in March 2006 for allegedly embezzling money, funds, securities, property, and other assets of Glass Molders Plastics Local 48, a labor organization engaged in an industry affecting commerce,” recalls United States Attorney Sheldon J. Sperling. “The defendant was serving as the financial secretary/treasurer of the union when the offenses occurred.”
Sentencing will be scheduled at a later date after the completion of a presentence investigation. WEBB faces a maximum sentence of up to five (5) years imprisonment and or up to $250,000.00 in fines.
Assistant United States Attorney Jeff Gallant represented the government at today’s hearing.
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FOR RELEASE: August 4, 2006
SUBJECT: COCKFIGHTING INDICTMENTS: GACHOT, Shan; TSOODLE, William Henry; and DAUGHERTY, Michael Eugene
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that on Wednesday, August 2, 2006, SHAN GACHOT, age 42, of Lawton, WILLIAM HENRY TSOODLE, age 56, of Oklahoma City, and MICHAEL EUGENE DAUGHERTY, age 38, of Anadarko, were indicted by a federal grand jury in the United States District Court for the Western District of Oklahoma.
GACHOT was indicted on one count each of Assimilative Crime – Keeping a Place for Cockfighting in Indian Country; Assimilative Crime – Servicing and Facilitating Cockfighting in Indian Country; and Misdemeanor – Sponsoring or Exhibiting an Animal in an Animal Fighting Venture. TSOODLE was indicted on one count each of Assimilative Crime – Keeping a Place for Cockfighting in Indian Country and Assimilative Crime – Servicing and Facilitating Cockfighting in Indian Country. DAUGHERTY was indicted on one count of Assimilative Crime – Servicing and Facilitating Cockfighting in Indian Country.
“The charges arose from an investigation led by the United States Attorney’s Office for the Eastern District of Oklahoma,” noted United States Attorney Sheldon J. Sperling. “In the exercise of caution, the United States Attorney’s Office for the Western District of Oklahoma in Oklahoma City recused from the matter.”
“On Saturday, July 22, 2006, federal agents, assisted by state troopers, served search and arrest warrants at a cockfighting facility located on an Indian trust allotment south of Carnegie, Oklahoma,” U.S. Attorney Sperling reported. “Citations were issued to approximately 70 people for the federal misdemeanor offense of being a Spectator at a Cockfight in Indian Country. Several persons were also cited for the federal misdemeanor offense of sponsoring, exhibiting or transporting animals for participation in an animal fighting venue. Those persons cited with misdemeanor offenses also appeared to answer the charges on August 2 before United States Magistrate Judge Shon Erwin, in Lawton. Fifteen (15) illegal aliens were also taken into federal custody.”
Pursuant to a federal court order, all 145 game fowl were euthanized at the scene by veterinary professionals from the United States Department of Agriculture.
“The operation included agents from the Bureau of Indian Affairs (BIA), Federal Bureau of Investigation (FBI), Bureau of Immigration and Customs Enforcement (ICE), Department of Agriculture (USDA), and the Oklahoma Highway Patrol (OHP),” U.S. Attorney Sperling said.
“On Thursday, August 3, an Order Reassigning Case was issued, and the case is now assigned to the Honorable Judge Ronald A. White, Eastern District of Oklahoma, in Muskogee. Trial dates will be set for the three defendants by Judge White.”
Those appearing on federal misdemeanor charges of being spectators have until August 23 to enter guilty pleas or be arraigned.
“Native American leaders and law enforcement officers agree,” U.S. Attorney Sperling noted, “that Indian country is not a safe haven for criminal behavior.”
Assistant United States Attorney Linda A. Epperley represented to government during Wednesday’s Grand Jury Indictments.
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FOR RELEASE: August 4, 2006
SUBJECT: WATSON, Wendy
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that on Thursday, August 3, WENDY WATSON, age 37, of Van Buren, Arkansas, pled guilty to Possession with Intent to Distribute Methamphetamine. The defendant’s plea was accepted in the United States District Court for the Eastern District of Oklahoma, at Muskogee, by United States Magistrate Judge Kimberly E. West.
“The charges arose from a traffic stop by the Oklahoma Highway Patrol in McIntosh County in March 2006, and was investigated by the Drug Enforcement Administration,” reported U.S. Attorney Sheldon J. Sperling. “The defendant was in possession with the intent to distribute more than 339.5 grams of Methamphetamine mixture, or a total of 79.8 grams of actual Methamphetamine. A passenger in the vehicle was an illegal alien wanted on federal charges in Arizona. That person was returned to Arizona. “
The defendant remains in custody. Sentencing will be scheduled at a later date after the completion of a presentence investigation. WATSON faces a maximum sentence of up to life imprisonment and or up to $4,000,000.00 in fines.
Assistant United States Attorney Chris Wilson represented the government at Thursday’s plea hearing.
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FOR RELEASE: August 10, 2006
SUBJECT: GREEN, Randy Stephen
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that RANDY STEPHEN GREEN, age 53, of McAlester, was sentenced to fifty-one (51) months imprisonment and thirty-six (36) months supervised release on five counts of embezzlement from a local government which received federal funds. GREEN was also ordered to pay restitution to the City of McAlester in the amount of $116,908.91, and $379,495.68 to CNA Surety Corporation.
GREEN was sentenced in the United States District Court for the Eastern District of Oklahoma, in Muskogee, by the Honorable Ronald A. White. First Assistant United States Attorney Gay Guthrie and Assistant United States Attorney Jeff Gallant represented the government at the trial in March 2006, and AUSA Gallant represented the government at today’s sentencing.
Judge White ordered GREEN to begin serving his sentence on September 15, 2006
“Business as usual is not acceptable,” commented United States Attorney Sheldon J. Sperling. “Public corruption is despicable. Public officials are obligated to protect their respective treasuries, not treat them as personal piggy banks.”
“Gay Guthrie and Jeff Gallant methodically presented evidence which had been meticulously gathered by the Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation. The jury perceptively recognized the defendant’s crimes for what they were – a series of deliberate fraudulent acts. The sentencing court spoke clearly by accessing a substantial prison sentence,” remarked United States Attorney Sperling.
“The evidence presented at trial established that GREEN schemed to steal over two and one-half million dollars from the city and citizens of McAlester,” recalled U.S. Attorney Sperling.
"Defendant's legitimate, generous annual compensation package included a base salary of $85,000, 21 days of annual leave, 12 days of sick leave, holidays off, and other fringe benefits."
"In this five-year sequence of crimes, GREEN devised a series of employment contract amendments. With each amendment, he claimed an additional 33 days of leave per year - above that to which he was lawfully entitled."
"In about five years, GREEN improperly claimed approximately 1,365 days of leave, for which he would have had to be employed for over 40 more years without ever taking a day off, to earn. He sold back and received payment in the amount of $457,849.82 from the city for vacation and sick leave to which he was not entitled."
"Even more astounding, defendant audaciously plotted a contract provision which, had his scheme been fully implemented, would have based his retirement pension on total compensation rather than base salary. He sought to have his retirement based on his highest three years of total compensation, to include the embezzled leave payments. This jaw-dropping provision would have given him an annual retirement pension of $120,000, rather than the already generous $45,000 yearly retirement benefits which McAlester would have had to pay him. In addition, he sought a contract provision which would have overpaid this bloated retirement for many more years to a trust or beneficiary beyond his death!"
"Numerous contract revisions were quickly considered in executive sessions and passed as a matter of routine. Defendant represented that the contracts were suggested by auditors and did not give him more money or a raise."
"The defendant abused the trust placed in him by the city and citizens and council and employees of McAlester. Our trial attorneys did not defend the city councilors, many of whom courageously took the witness stand and acknowledged embarrassing underlying details. I respectfully submit that they were dramatically under-compensated and deceived by a man who spent years incurring their trust. The defendant abused that trust."
"The defendant also took advantage of a city policy which prohibited city employees and city councilors from talking to each other about city business. Employees who may have been in a position to earlier report defendant's scheme were subject to being fired for blowing the whistle on the matter."
"Fraud schemes always involve victims who are too trusting, who take people at their word, who could have done more checking or research, or should have been more watchful. This defendant's scheme was unique to the specific opportunities he created and nurtured to deceive. He knew and understood the system. He embezzled with a smile, stole with a nod. His scheme was the result of personal relationships he had cultivated through the years. He took advantage of people who trusted him to do what was right. That's the ugly face of fraud."
"AUSA Jeff Gallant aptly argued in closing at the trial, the fact that a home may not have an electronic security system does not mean we don't prosecute the burglar. Even if the city council were negligent, that is no defense against embezzlement or theft. One may not properly enter an ill-attended vault, even during banking hours, and fill one's pockets."
"GREEN’s scheme put the city in serious financial jeopardy. When the scheme enlarged, he brought others into his web of unjust enrichment. The difference? Others who sold back leave did not inflate their leave balances. This contrivance nearly bankrupted the city of McAlester. Worthy spending projects could not be funded. There was not enough money for police cars, roads, even basketball goals.”
"In an impassioned rebuttal close during the trial, First Assistant U.S. Attorney Gay Guthrie characterized the 'they-let-me' defense as outrageous. As the defendant had told an auditor, 'I can't believe I got that one by them [city council].'"
"Employed by the City of McAlester since 1977, GREEN had been City Manager since 1981," reported United States Attorney Sheldon J. Sperling.
The defendant was represented by Drew Wilcoxen and Mark Green, attorneys from Muskogee.
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FOR RELEASE: August 14, 2006
SUBJECT: CHECOTAH, Lisa Dawn; and ARNOLD, Brian
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today that LISA DAWN CHECOTAH, age 31, and BRIAN ARNOLD, age 30, both of Okmulgee, Oklahoma, pled guilty to theft by officers or employees of gaming establishment on Indian lands.
“United States Magistrate Judge Steven P. Shreder accepted the defendants’ guilty pleas today,” reported U. S. Attorney Sperling. “The court then found the defendants guilty and ordered a pre-sentence investigation.”
“The charges arose from an investigation by the Federal Bureau of Investigation. CHECOTAH, the floor manager at the Creek Nation Okmulgee Bingo Hall, stole VIP points from the establishment, and gave them to her husband and co-defendant, ARNOLD, who knowingly used them to win money at bingo and other gaming machines,” said U.S. Attorney Sperling.
Sentencing will be scheduled at a later date after the completion of a presentence investigation. The defendants face maximum sentences of up to 10 years imprisonment and or up to $250,000.00 in fines. Assistant United States Attorney Dean Burris represented the government in this case.
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FOR RELEASE: August 14, 2006
SUBJECT: CONDICT, Timothy Glenn
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that on Friday, August 11, 2006, TIMOTHY GLENN CONDICT, age 46 of Dustin, Oklahoma, was sentenced to one year probation, a $2,000.00 fine, a $50,000.00 special assessment, and a $10,000.00 civil assessment to the U.S. Fish and Wildlife Service.
“CONDICT pled guilty in April 2005 to two misdemeanor counts of violating the Lacey Act,” commented United States Attorney Sheldon J. Sperling. “Charges arose from an investigation by the U.S. Fish and Wildlife Service.”
“The defendant illegally imported untested white tail deer without the certificate of veterinary inspection required under the state and federal regulations. The inspection and certification is necessary to ensure the animals are free of any infectious disease or physical abnormality which would endanger the animal or other animals, or public health.”
Sentencing of CONDICT was before the Honorable Steven P. Shreder, Magistrate Judge for the United States District Court for the Eastern District of Oklahoma, in Muskogee. Assistant United States Attorney Rob Wallace represented the government at the sentencing.
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FOR RELEASE: August 22, 2006
SUBJECT: COLLINS, Antonio Laron
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ANTONIO LARON COLLINS, age 23, of Banks, Arkansas was found guilty of Possession of Cocaine Base and Possession of Marijuana after a two-day trial.
Charges arose from an investigation by the Drug Enforcement Administration. “In May 2006, the defendant was stopped on I-40 in Sequoyah County, by two Oklahoma Highway Patrol troopers,” stated Sheldon J. Sperling, United States Attorney. “COLLINS and his girlfriend were in a U-Haul truck, and were stopped for speeding and following too closely. During a search of the vehicle, a white plastic bag containing individual bags of marijuana and crack cocaine, and digital scales were found in a container of dog food. Following analysis of the substances, the Oklahoma State Bureau of Investigations determined there were more than 43 grams of cocaine base and 165 grams of marijuana.”
“While the vehicle search was being conducted COLLINS fled the scene, jumping a fence and running into the hallway of a Vo-Tech building. He was tackled by the OHP trooper who gave chase, handcuffed, and returned to the troopers’ vehicle,” stated U.S. Attorney Sperling.
The Honorable James H. Payne, United States District Judge in the Eastern District of Oklahoma, ordered the defendant remain in custody until sentencing. Assistant United States Attorney Chris Wilson represented the government at trial, assisted by Special Assistant United States Attorney Trent Shores.
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FOR RELEASE: August 25, 2006
SUBJECT: CURRENS, Johnny Wayne
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JOHNNY WAYNE CURRENS, age 68, of Shady Point, Oklahoma, pled guilty to Filing a False Federal Income Tax Return.
Charges arose from an investigation, conducted by the Internal Revenue Service, in LeFlore County. CURRENS was indicted by a federal grand jury in July 2006.
"For the years 1999, 2000, and 2001, the defendant under-reported the amount of gross receipts for his business, Currens Income Tax Service, in violation of statute 26 USC § 7206(1),” stated United States Attorney Sheldon J. Sperling. “CURRENS is a trained, paid tax preparer, who failed to keep business records to determine his actual income from the business.”
"The IRS investigation revealed the amount of under-reported income during this three-year period to be over $225,000.00. The tax loss exceeded $80,000.00.”
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Assistant United States Attorney Rob Wallace represented the government at today’s hearing.
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FOR RELEASE: August 25, 2006
SUBJECT: HALE, Raymond Chance
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RAYMOND CHANCE HALE, age 34, of Eufaula, Oklahoma, was sentenced to one-hundred two (102) months in prison, sixty (60) months supervised release, and a $100 special assessment fee for Possession with Intent to Distribute Methamphetamine.
Charges arose from an investigation by the McIntosh County Drug Task Force and the McIntosh County Sheriff’s Office. "The defendant pled guilty in April 2006,” stated United States Attorney Sheldon J. Sperling. “During the execution of a search warrant at the defendant’s residence, over 50 grams of methamphetamine was found under a jacuzzi bathtub.”
The Honorable James H. Payne, United States District Judge in the United States District Court for the Eastern District of Oklahoma, ordered today’s sentencing. Assistant United States Attorney Michael Littlefield represented the government.
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FOR RELEASE: August 25, 2006
SUBJECT: SORRELS, Tatum Doyree
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that TATUM DOYREE SORRELS, age 33, of Newcastle, Oklahoma, was sentenced to eighty (80) months in prison. She was also sentenced to thirty-six (36) months supervised release, and a $100 special assessment fee for Delivery of a List 1 Chemical, in violation of 21 USC § 841(c).
Charges arose from an investigation by the Cherokee Nation Marshal Service, Oklahoma Bureau of Narcotics, Drug Enforcement Administration, assisted by Cherokee County Sheriff’s Office, Tahlequah Police Department, and the Muscogee (Creek) Nation Lighthorse.
"The defendant acquired pseudoephedrine from convenience stores and provided it to a methamphetamine manufacturing organization,” stated United States Attorney Sheldon J. Sperling. “SORRELS pled guilty in April 2006.”
The Honorable James H. Payne, United States District Judge in the U.S. District Court for the Eastern District of Oklahoma, presided over today’s sentencing. Assistant United States Attorney Rob Wallace represented the government.
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FOR RELEASE: August 31, 2006
SUBJECT: CHRISTIAN, Michael Dale
MUSKOGEE, OKLAHOMA -
Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that the Tenth Circuit Court of Appeals has denied the appeal of MICHAEL DALE CHRISTIAN. “The bottom line is that CHRISTIAN’S non-parolable 188-month prison sentence must be served and the defendant will remain in federal prison,” noted United States Attorney Sperling.
“On January 9, 2004, CHRISTIAN pled guilty to possession of methamphetamine with intent to distribute. He waived his appellate and post-conviction rights. The sentencing court imposed the maximum guideline range sentence of 188 months imprisonment.”
“On March 18, 2005, CHRISTIAN challenged the effectiveness of his attorney. CHRISTIAN alleged his trial counsel was ineffective for failing to appeal a firearm enhancement, file a direct appeal despite being asked to do so, and consult with him about an appeal.”
“A unanimous Tenth Circuit panel affirmed the district court findings. The district court had found that CHRISTIAN did not request that an appeal be filed, and expressly found CHRISTIAN’S lawyer to be more credible than the defendant.”
“The appellate court further found that CHRISTIAN’S lawyer had no duty to consult him further in this case. Since CHRISTIAN never requested an appeal, his attorney was not ineffective for failing to file an appeal, and because the defense lawyer had no duty to consult with CHRISTIAN about an appeal, he was not ineffective for failing to do so.”
“First Assistant United States Attorney Robert Gay Guthrie and Assistant United States Attorney Dean Burris represented the United States in a highly exemplary manner in this case,” U.S. Attorney Sperling concluded. “We are also grateful for the outstanding investigative work and support from DA Investigator Kevin McIntire, and District Attorney Craig Ladd’s Drug Task Force.”
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