FEDERAL GRAND JURY CRIMINAL INDICTMENTS ANNOUNCED

MUSKOGEE, OKLAHOMA – United States Attorney Sheldon J. Sperling announced today the results of the January 2009 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”.

FABIAN SALINAS-ELIGIO, age 23, of Tahlequah, OK. Illegal Reentry of a Previously Deported alien After Conviction of an Aggravated Felony.

The indictment alleges on October 25, 2007, SALINAS-ELIGIO was deported from the United States through Del Rio, Texas port of entry. SALINAS-ELIGIO did not apply for permission to reinter. On October 29, 2008, the defendant was interviewed and admitted to being an illegal alien and to re-entering the U.S. after deportation following a conviction for First Degree Rape. The charges arose from an investigation by the U.S. Department of Immigration and Customs Enforcement. The charges are in violation of Title 8 U.S.C. Section 1326(a). (Up to ten years imprisonment and/or up to $250,000 in fines.)

Assistant United States Attorney Christopher Wilson

WILLIAM EARL BILL, age 32, of Dallas, Texas; KORELL RASHAUD HARP, age 24 of Barnesville, Georgia; and KELVIN LAMONT JACKSON, age 32 of Dallas, Texas. Possession with Intent to Use Five or More False Identification Documents, Aggravated Identity Theft, and Eleven Counts of Possession of a Counterfeit Security with Intent to Deceive.

The indictment alleges on September 10, 2008, BILL, HARP and JACKSON possessed five or more false identification documents and numerous counterfeit checks. The charges arose from an investigation by the Federal Bureau of Investigation. Possession with Intent to Use Five or More False Identification Documents is in violation of Title 18 U.S.C. Sections 1028(a)((3), (b)(2) and 2, (Up to five years imprisonment and/or up to $250,000 in fines); Aggravated Identity Theft is in violation of Title 18 U.S.C. Sections 1028A(a)(1) and 2 (Up to two years imprisonment and/or up to $250,000 in fines); and Possession of a Counterfeit Security With Intent to Deceive is in violation of Title 18 U.S.C. Section 513(a) and 2 (Up to ten years imprisonment and/or up to $250,000 in fines.)

Assistant United States Attorney Christopher Wilson

ELIZABETH KAY CHAPMAN, age 41, of Ada, OK. Theft from Indian Tribal Organization.

The indictment alleges from on or about the 1 st day of January, 2007, until on or about the 4 th day of February, 2009, CHAPMAN embezzled, stole, and knowingly converted to her own use moneys, funds, securities, premiums, credits, property, and other assets belonging to the Chickasaw Nation, an Indian tribal organization. The charges arose from an investigation by Bureau of Indian Affairs. The charges are in violation of Title 18, Section 1163. (Up to five years imprisonment and/or up to $250,000 in fines.)

Assistant United States Attorney Linda Epperley

HUGH EDWARD WORK, age 32, of Lindsay, OK. Theft or Embezzlement in Connection with Health Care and Embezzlement or Theft from Indian Tribal Organization.

The indictment alleges from in or about September, 2004, continuing until in or about March, 2005, WORK knowingly embezzled, stole, or otherwise without authority converted to the use of any person other than rightful owner, or intentionally misapplied moneys, funds, securities, premiums, credits, property, and other assets belonging to the Carl Albert Indian Health Center and the Chickasaw Nation, an Indian tribal organization. The charges arose from an investigation by the U.S. Department of Health and Human Services, Office of Inspector General. Theft or Embezzlement in Connection with Health Care is in violation of Title 18 U.S.C. Section 669. (Up to ten years imprisonment and/or up to $250,000 in fines.) Embezzlement or Theft from Indian Tribal Organization is in violation of Title 18, Section 1163. (Up to five years imprisonment and/or up to $250,000 in fines.)

Assistant United States Attorney Gregory Dean Burris.

BOBBY FAIRCHILD, age 44, of Oktaha, Oklahoma ; MICHAEL CASON, a/k/a Mike Cason, age 49, of Oktaha, Oklahoma; RICHARD BURRIS, age 38, of Checotah, Oklahoma; JIMMY SMITH, age 51, of Ochelata, Oklahoma; LOUIE MONTOYA, a/k/a Luis Montoya, age 61, of Albuquerque; CALVIN HARVEY FRENCH a/k/a Harvey French, age 53, of Princeton, Kentucky; and ROGELIO FERNANDEZ, age 47, and EDGAR FERNANDEZ, age 41, both of El Paso, Texas. Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances.

The indictment alleges beginning in or about 2003, and continuing until on or about December 21, 2008, FAIRCHILD, CASON, BURRIS, SMITH, MONTOYA, FRENCH, ROGELIO FERNANDEZ and EDGAR FERNANDEZ willfully and knowingly combined conspired, confederated, and agreed together, and with others known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 841(a)(1) – Possession with Intent to Distribute and Distribution of Controlled Substances. Charges arose from an investigation by the Drug Enforcement Administration (DEA), the Muskogee County Sheriff’s Office, the Muskogee Police Department, and other law enforcement entities across Texas, Oklahoma, Arkansas, Tennessee and Kentucky. The charges are in violation of Title 21 U.S.C. Section 846. (Not less than ten years, nor more than life imprisonment and/or up to $4,000,000 in fines.)

Assistant United States Attorney Rob Wallace.

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