Federal Grand Jury Indictments
| U.S. Attorney’s Office December 06, 2011 |
MUSKOGEE, OK—The United States Attorney’s Office announced today the results of the December 2011 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”.
JASON ANDREW DAY, age 39, of Tulsa, Oklahoma
Bank Robbery
The Indictment alleges that May 24, 2011, within the Eastern District of Oklahoma, the defendant, by force, violence and intimidation, did take from the person and presence of another, money belonging to and in the care, custody, control, management and possession of First National Bank of Coweta, a bank, the deposits of which were then insured by the Federal Deposit Insurance Corporation.
The charge arose from an investigation by the Federal Bureau of Investigation. The charge is a violation of Title 18, United States Code, Section 2113(a) which is punishable by up to 20 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Edward Snow
FRANCISCO JAVIER MARTINEZ-BECERRA, age 47, of Muskogee, Oklahoma a/k/a EDUARDO MARTINEZ
Possession with Intent to Distribute a Controlled Substance Illegal Reentry of a Previously Deported Alien
The Indictment alleges that on or about October 4, 2011, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance and knowingly possessed a firearm, specifically: one loaded Ruger model GP100 .357 Magnum revolver, in furtherance of a drug trafficking crime. The defendant knowingly possessed that firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year.
The charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco and Firearms. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), which is punishable by not more than 30 years imprisonment and/or a $2,000,000 fine; Title 18, United States Code, Section 924(c)(1)(A), which is punishable by not less than 5 years or more than life imprisonment and/or a $250,000 fine and Title 18, United States Code, Section 922(g)(1), which is punishable by not less than 10 years imprisonment and/or a $250,000 fine.
Assistant United States Attorney Ryan Roberts
TERRY DUANE McCRARY, age 35, of Muskogee, Oklahoma
Possession with Intent to Distribute Cocaine Base Possession of a Firearm in Furtherance of a Drug Trafficking Crime Felon in Possession of a Firearm
The Indictment alleges that on or about October 4, 2011, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance and knowingly possessed a firearm, specifically: one loaded Ruger model GP100 .357 Magnum revolver, in furtherance of a drug trafficking crime. The defendant knowingly possessed that firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year.
The charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco and Firearms. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), which is punishable by not more than 30 years imprisonment and/or a $2,000,000 fine; Title 18, United States Code, Section 924(c)(1)(A), which is punishable by not less than 5 years or more than life imprisonment and/or a $250,000 fine and Title 18, United States Code, Section 922(g)(1), which is punishable by not less than 10 years imprisonment and/or a $250,000 fine.
Assistant United States Attorney Ryan Roberts
ADA FRANCIS MILLER, age 64, of Ardmore, Oklahoma
Fraud and False Statements
The Indictment alleges that from on or about 2007, through 2009, in the Eastern District of Oklahoma and elsewhere, the defendant did willfully aid and assist, procure, counsel, and advise the preparation and presentation to the Internal Revenue Service, forms as specified, either individual or joint, for the taxpayers and calendar years, which were false and fraudulent as to material matters, in that they represented that the said taxpayers were entitled under the provisions of the Internal Revenue Laws to claim falsely reported items that the defendant well knew and believed the taxpayers were not entitled to claim such items.
The charges arose from an investigation by Internal Revenue Service, Criminal Investigation Division. The charges are in violation of Title 26, United States Code, Section 7206(2) and Title 18, United States Code, Section 2, which is punishable by not more than 3 years imprisonment and/or a $100,000 fine.
Assistant United States Attorney Edward Snow
BUDDY W. PORTERFIELD, age 45, of Haskell, Oklahoma
Attempt to Evade of Defeat Tax
The Indictment alleges that during 2004, through 2008, in the Eastern District of Oklahoma, the defendant, did willfully attempt to evade and defeat a large part of the income tax due and owing by him to the United States of America, for the purpose of concealing additional unreported taxable income received by PORTERFIELD.
The charges arose from an investigation by Internal Revenue Service, Criminal Investigation Division. The charges are in violation of Title 26, United States Code, Section 7201, which is punishable by not more than 5 years imprisonment and/or a $100,000 fine and the cost of prosecution.