U.S. Attorney’s Office
District of Kansas
(316) 269-6481
August 6, 2015

Indictment: Prison Guard Took Bribes to Smuggle Tobacco into Leavenworth Penitentiary

KANSAS CITY, KS—A prison guard was indicted Wednesday on a federal charge of accepting bribes to smuggle tobacco to inmates at the U.S. Penitentiary in Leavenworth, U.S. Attorney Barry Grissom said today.

Michael Harston, 52, Kansas City, Mo., was charged with one count of conspiracy to commit bribery and four counts of accepting bribes. The indictment alleges that from October 2013 to August 2014 Harston took bribes to carry tobacco, which is contraband, into the penitentiary.

The indictment alleges payment was made via wire transfers from inmates’ relatives. Harston was caught on video surveillance in the process of distributing tobacco to inmates.

If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000 on the conspiracy charge, and a maximum penalty of 15 years and a fine up to $250,000 on each of the bribery counts.

The FBI investigated. Special Assistant U.S. Attorney Leena Ramana is prosecuting.

OTHER GRAND JURY INDICTMENTS

Justin A. Jacks, 26, Wichita, Kan., is charged with two counts of distributing child pornography and one count of possession of child pornography. The crimes are alleged to have occurred in May and July 2015, in Wichita.

If convicted, he faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each distribution county, and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. Homeland Security Investigations and the Wichita Police Department’s Internet Crimes Against Children (ICAC) Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

Cruz Lopez-Perez, 39, a citizen of Guatemala, is charged with one count of unlawfully re-entering the United States after being deported. He was found July 26, 2015, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. The Kansas Department of Revenue and Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Luis Antonio Garcia-Gomez, 25, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found July 28, 2015, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. The Kansas Department of Revenue and Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Cortez I. Mumford, 41, Kansas City, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred July 20, 2015, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

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