Floyd County Man Sentenced 20 Years for Leading a Large Prescription Drug Criminal Enterprise

LONDON—A Floyd County man who faced the most serious charges in Kentucky’s historic drug roundup in 2009 was sentenced to 240 months for the illegal distribution of thousands of pills in Eastern Kentucky.

United States District Judge Gregory Van Tatenhove sentenced 55-year-old James Marsillett, II yesterday for the offense of operating a continuing criminal enterprise.

In October 2009, Marsillett was charged in the largest drug sweep in Kentucky’s history, resulting in the arrest of more than 500 people. All of the 36 defendants charged federally in the roundup have been convicted.

Marsillett previously admitted that from 2007 to 2009, he funded monthly trips for numerous co-defendants to see Dr. Michael Shook in Florida. Shook worked at Lauderhill Medical Center in Ft. Lauderdale, Florida, and prescribed large quantities of Methadone and Oxycodone.

“Today’s sentence is a significant victory for our law enforcement partners in the ongoing struggle to combat prescription drug abuse,” said U.S. Attorney Kerry B. Harvey. “Mr. Marsillett’s criminal conduct added to the misery caused by prescription pill abuse in many of our communities. We are pleased that he has received justice for playing a leading role in a large drug trafficking organization and hope this sentence will send a warning to others who may be inclined to engage in similar conduct.”

Shook was sentenced to four years in federal prison last year for unlawfully dispensing Oxycodone. He admitted that he spent little time evaluating patients before writing prescriptions for them. The patients Marsillett sent to Shook paid approximately $2,000 for an MRI, a doctor’s visit, and the prescription.

Marsillett acknowledged that the co-defendants he sent to the Florida pain clinic gave him half of the pills they obtained, which he then sold in Eastern Kentucky. Marsillett used the proceeds from the drug trafficking to fund the trips to Florida.

According to court documents, in 2006 and 2007, Marsillett traveled with others to Urgent Care pain clinics in Cincinnati and Philadelphia to obtain Methadone pills for distribution in Eastern Kentucky.

Marsillett will have to serve 85 percent of his prison sentence.

Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky; Perrye Turner, Special Agent in Charge, Federal Bureau of Investigation; and Rodney Brewer, Kentucky State Police Commissioner jointly made the announcement.

The investigation was conducted by FBI, Kentucky State Police, Operation UNITE, and Appalachia HIDTA. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Roger West.

Two Harlan County, Kentucky, Women Plead Guilty to Federal Hate Crime Against Individual Because of Sexual Orientation

Case Marks the First Convictions in the Nation for Violations of the Sexual Orientation Section of the Federal Hate Crimes Law

The Justice Department announced today that two Harlan County women admitted they assisted others in kidnapping and assaulting a gay man because of his sexual orientation.

 

 Today, the U.S. District Court in London, Ky., unsealed guilty pleas, previously entered by 19-year-old Mable Ashley Jenkins and 19-year-old Alexis LeeAnn Jenkins.   The defendants pleaded guilty to aiding and abetting kidnapping and aiding and abetting the hate crime assault against Kevin Pennington on April 4, 2011.

 The women admitted they lured Pennington into a truck with two other defendants, Anthony Ray Jenkins and David Jason Jenkins.   The truck was driven to an Eastern Kentucky state park where Pennington was allegedly assaulted by the male defendants.      

 Both women waived their right to be indicted and pleaded guilty to the charges.   Mable Jenkins pleaded guilty Tuesday and Ashley Jenkins pleaded guilty Wednesday of this week.   Their plea agreements remain under seal.

 The women admitted to violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.  The act expanded federal jurisdiction to include certain hate crimes motivated by a victim’s sexual orientation.   This case marks the first Federal convictions in the nation for a violation of this provision of the federal hate crime law.

 

 The Shepard-Byrd law criminalizes certain acts of physical violence causing bodily injury motivated by any person’s actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity or disability.

            

Alexis and Mable Jenkins will appear for sentencing in August.   The kidnapping and hate crime offenses carry maximum penalties of up to life in prison.

 

 The indictments concerning Anthony Jenkins and David Jenkins were returned Wednesday, April 11.    Both men pleaded not guilty at their arraignments yesterday and a trial date has been set for June 18.  An indictment is only an accusation, and the defendants are presumed to be innocent until proven guilty.

 

 This case was investigated by special agents with the FBI and Kentucky State Police.   This case is being prosecuted by Assistant U.S. Attorney Hydee Hawkins in the Eastern District of Kentucky and Trial Attorney Angie Cha with the Civil Rights Division at the Department of Justice.

Former Whitley County Sheriff Gets 186 Months

Former Sheriff Guilty On Extortion, Money Laundering, and Drug Trafficking Charges

LONDON, Ky. — Former Whitley County Sheriff Lawrence Hodge was sentenced today to 186 months in federal prison for his involvement in numerous illegal activities during his tenure as Sheriff.

Hodge, 51, pleaded guilty before U.S. District Judge Gregory Van Tatenhove to charges of conspiracy to commit extortion under color of official right, conspiracy to distribute oxycodone, and conspiracy to commit money laundering.

Hodge admitted that on at least three separate occasions between 2004 and 2007, he conspired with Williamsburg Defense Attorney Ron Reynolds to extort money from individuals that the Whitley County Sheriff’s Department charged with felony drug trafficking offenses. Specifically, Hodge referred criminal defendants to Reynolds for representation.

In addition, Reynolds, acting on behalf of Hodge, also encouraged these same clients to make forfeiture payments and/or cash donations to the Whitley County Sheriff’s Department. The department received more than $55,000 through this scheme.

Hodge also acknowledged that he conspired with numerous drug dealers in the Whitley County area to distribute prescription pills, primarily oxycodone, over a seven year period. Hodge admitted that he was addicted to prescription pills throughout his tenure as sheriff.

As part of this conspiracy, Hodge obtained pills for his own personal use from various drug dealers with the implicit understanding that the Whitley Sheriff’s Department would not investigate them in connection with their ongoing drug distribution activities.

According to the plea agreement, Hodge admitted responsibility for the distribution of approximately 1,500 oxycodone pills during his involvement in the conspiracy.

Finally, Hodge admitted to conspiring with a former bookkeeper for the Whitley County Sheriff’s Department to embezzle and launder nearly $65,000 of funds belonging to the department.

According to court documents, money donated or forfeited to the department in connection with various court cases, were placed in the Whitley Sheriff Department’s Drug and Alcohol Fund.

The money in this fund was supposed to be used to make controlled drug buys, to pay informants, and to further other similar law enforcement objectives. Instead, Hodge told the bookkeeper to write him a check from the fund for one of these legitimate purposes, when in reality he was using the money for personal expenditures and to fund his own drug habit. The bookkeeper was aware that Hodge was improperly taking the funds for his own personal use.

To cover up for the missing funds, Hodge permitted the bookkeeper to alter the sheriff department’s accounting records and to falsify reports and other required paperwork.

As part of his plea agreement, Hodge will be required to pay restitution to the Whitley County Government in the amount of $64,897 for his role in this scheme.

Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky; Paul J. Vido, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives; Elizabeth A. Fries, Special Agent in Charge, Federal Bureau of Investigation; and Christopher R. Pikelis, Special Agent in Charge, Internal Revenue Service today jointly made the announcement.

“It is a sad day for law enforcement when a person of trust allows greed to cause him to disregard the oath he swore to uphold, and betray the trust and confidence of the people who elected him,” Vido said. “The sentence of 186 months shows the seriousness of the charges. The Kentucky law enforcement community will not tolerate such criminal behavior. This case was an example of how ATF and its federal, state and local law enforcement partners work together toward a common goal.”

The joint investigation was conducted by agents with ATF, FBI, and IRS. The U.S. Attorney’s Office was represented by W. Samuel Dotson. In addition, the investigating agencies received assistance from the Kentucky State Police, the Williamsburg Police Department, the Office for the Auditor of Public Accounts for the Commonwealth of Kentucky, and Whitley County Commonwealth Attorney Allen Trimble’s Office.

FBI Launches Electronic Billboard Campaign to Identify Serial Robber

The Knoxville Division of the FBI launched an electronic billboard campaign in two states seeking the public’s help in identifying a serial bank robber active in East Tennessee and Southern Kentucky. The individual is suspected of being involved in the robberies of at least four banks in Tennessee and Kentucky.

The suspect is considered armed and dangerous. During some of the robberies, the suspect has been armed with a black, semi-automatic handgun. He is described as a white male, mid to late 20s, approximately 5’8” to 5’10” tall with a medium to heavy build. The suspect has attempted to alter his appearance by wearing wigs of various lengths and colors.

A reward is being offered for information leading to the arrest and conviction of this individual. Anyone with information should contact the Knoxville Division of the FBI at 1-800-CALL-FBI or call their local law enforcement office.

This matter is being investigated jointly by the Knoxville FBI Safe Streets Task Force, Louisville FBI, Barbourville, Kentucky, Police Department, Campbell County, Tennessee, Sheriff’s Office, Jellico, Tennessee, Police Department, and the Kentucky State Police.

All defendants are presumed innocent unless and until proven guilty in a court of law.

Nineteen Defendants Sentenced for Their Roles in Crack Cocaine and Controlled Substance Distribution Ring Operating Out of Adair County

Sold 300 Kilograms of Crack Cocaine and Prescription Pills with a Street Value in Excess of $10 Million; Sentences Range from Probation to 15 Years

BOWLING GREEN, KY—Nineteen defendants from Adair, Butler and Russell Counties in Kentucky, have been sentenced this week in United States District Court for their role in a crack cocaine and controlled substance distribution ring operating in and around Adair County, Kentucky announced David J. Hale, United States Attorney for the Western District of Kentucky.

According to evidence presented in court, the drug trafficking organization operated between July 2007 and May 2009 and was responsible for the distribution of at least 300 kilograms of crack cocaine and prescription pills with an estimated street value in excess of $10 million, in and around Adair County, Kentucky.

Thirty defendants were indicted by federal grand juries meeting in Bowling Green, Kentucky, between May 2009 and January 2010, on charges of conspiracy to distribute crack cocaine, and conspiracy to distribute controlled substances including Suboxome, hydrocodone, and Xanax. According to evidence presented in court, brothers Roderick Curry and Mark Vincent Curry, both of Columbia, Kentucky operated the drug trafficking conspiracy that included family members and others from Adair, Barren, Russell, and Taylor counties in Kentucky and Sumner County, Tennessee.

Proof of the conspiracy was obtained through a nearly two-year investigation by the Federal Bureau of Investigation and Kentucky State Police by means of surveillance, the use of informants to purchase drugs and wire taps of cellular telephone calls. The wire taps were in effect for 60 days and recorded more than 1,500 phone calls related to the drug conspiracy.

All 30 defendants charged in this conspiracy, including the Curry brothers, have pled guilty and are being sentenced in United States District Court by Chief Judge Thomas B. Russell. This week, the sentences for 19 defendants ranged from three years’ probation to 15 years in federal prison. Seventeen defendants were sentenced for their various roles in the conspiracy to distribute crack cocaine and conspiracy to distribute prescription pills. Sentenced were: Briceson Walkup, 180 months and three years’ supervised release; Mark Curry, 180 months and five years’ supervised release; Joseph Scotland Smith, Teresa L. Richardson, John Andrew Johnson, Jarrid DeCarlo Smith and Faye Thompson, 120 months and five years’ supervised release; Shamonica Leigh Jones and Travis Delbert Crew, 70 months and five years’ supervised release; Tavana Nicole Stone, 63 months and five years’ supervised release; Cassie M. Strunk, 60 months and four years’ supervised release; Melissa Dawn Owens and Steven Wayne Williams, 57 months and three years’ supervised release; Kelvin Bowers, 51 months and five years’ supervised release; Lakeisha Jones, 46 months and five years’ supervised release; Houston Murray, 36 months and three years’ supervised release; Vickie Sue Passmore, 18 months and five years’ supervised release. Jodi Momanyi and Ethel Mae Bridgewater were sentenced to three years’ probation for conspiring to distribute schedule III controlled substances. There is no parole in the federal court system.

The remaining defendants are scheduled for sentencing later this month and August, 2011 in United States District Court, Bowling Green, before Chief Judge Russell.

This case is being prosecuted by Assistant United States Attorney David Weiser and it was investigated by the Federal Bureau of Investigation and the Kentucky State Police.