Grand Jury Indictments

MUSKOGEE, OK—The United States Attorney’s Office announced today the results of the August 2012 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. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”

Illegal Reentry Of Previously Deported Alien

Samuel Sandoval-Sanchez, age 29, of Mexico
a/k/a Josue Solano Sanchez
a/k/a Jose Garcia Sanchez

The indictment alleges that on or about July 1, 2012, in the Eastern District of Oklahoma, the defendant, an alien, was found in the United States after having been deported and removed from the United States on or about November 18, 2010, at or near San Ysidro, California, and not having obtained the express consent of the Attorney General of the United States or his successor, the Secretary of Homeland Security, to reapply for admission into the United States.

The charge arose from an investigation by the Okfuskee County Sheriff’s Department and the Department of Homeland Security, Immigration and Customs Enforcement. The charge is in violation of Title 8, United States Code, Sections 1326(a) and 1326(b), punishable by not more than 20 years’ imprisonment and/or a $250,000 fine.

Possession of Fifteen or More Counterfeit Access Devices; Aggravated Identity Theft

Chris Drew Dunn, age 49, of Richardson, Texas
Amannda Lucia Malaby, age 47, of Richardson, Texas

The indictment alleges that from on or May 14, 2012, within the Eastern District of Oklahoma, the defendants, each aiding and abetting the other, knowingly and with intent to defraud, possessed 15 or more counterfeit access devices, said possession activity affecting interstate commerce and knowingly possessed, without lawful authority, a means of identification of another person during and in relation to possession of 15 or more counterfeit access devices as charged in count one of the indictment.

The charge arose from an investigation by the Durant Police Department, the District 19 District Attorney’s Office, the Atoka County Sheriff’s Department, and the United States Secret Service Economic Crimes Task Force. The charges are in violation of Title 18 United States Code, Sections 1029(a)(3) and (c)(1)(A)(I) and Title 18, United States Code, Section 2, which is punishable by not more than 10 years in prison and/or up to a $250,000 fine and Title 18, United States Code, Section 1028A(a)(1) and Title 18, United States Code, Section 2, punishable by up to two years’ imprisonment, served consecutively and up to a $250,000 fine.

Distribution of Explosive Material; Felon in Possession of Explosive

Arthur David Upton, age 51, of Wilburton, Oklahoma

The indictment alleges that from on or July 17, 2012, within the Eastern District of Oklahoma, the defendant, who was not a licensee or permittee, did knowingly distribute explosive materials, to any person other than a licensee or permittee and the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess an explosive which had been shipped and transported in and affected interstate commerce.

The charge arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The charges are in violation of Title 18, United States Code, Section 842(a)(3)(B) and 844(a)(1), which is punishable by not more than 10 years in prison and/or up to a $250,000 fine and Title 18, United States Code, Section 842(i)(1) and 844(a)(1), which is punishable by not more than 10 years in prison and/or up to a $250,000 fine.

Conspiracy to Commit Wire Fraud/Mail Fraud; Wire Fraud; Mail Fraud

Michael Scott Calhoun, age 47, of Yantis, Texas
Tommy Wayne Davis, age 45, of Yantis, Texas
James Dean Kayvonfar, age 51, of Panama City, Florida
Charles Matthew Spires, age 27, of Lake Park, Georgia
William Jeffrey Tucker, age 33, of Hugo, Oklahoma

The indictment alleges that in or about August 2007 to in or about April 2010, in the Eastern District of Oklahoma and elsewhere, the defendants, knowingly and willfully conspired with other persons known and unknown to the grand jury to transmit or caused to be transmitted by means of a wire communication or the United States mail, communication for the purpose to defraud the United States and Texas Capital Bank, a financial institution insured by the Federal Deposit Insurance Corporation, all in order to obtain money by means of false and fraudulent pretenses, representations and promises. The defendants also sent or caused to be sent copies of approximately 800 MSOs via interstate wire communications from Valdosta, Georgia, to “Tri-County Autoplex” in Hugo, Oklahoma, knowing the manufacturer’s statement of origin would be used for fraudulent purposes and did knowingly cause to be delivered by the United States mail envelopes that contained checks that were payment for providing fraudulent MSOs to “Tri County Auto.”

The charges arose from an investigation by the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Section 371, 1349, 1341, and 1343, which are punishable by not more than 30 years in prison and/or up to a $1,000,000 fine.

Embezzlement and Theft from an Indian Tribal Organization

Demarius Demico Henderson, age 24, of Boswell, Oklahoma

The indictment alleges that on or about March 5, 2011, and continuing until on or about March 12, 2011, within the Eastern District of Oklahoma, the defendant did embezzle, steal, and willfully and knowingly convert to his own use property valued in excess of $1,000 belonging to the Choctaw Nation, an Indian tribal organization.

The charge arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation. The charge is in violation of Title 18, United States Code, Section 1163, which is punishable by up to five years’ imprisonment and/or up to a $250,000 fine.

Assimilated Burglary in the Second-Degree in Indian Country

Skyler James Perkins, age 20, of Durant, Oklahoma

The indictment alleges that on or about February 25, 2012, within the Eastern District of Oklahoma and within Indian Country, namely, on land held in trust by the United States for the Choctaw Nation, the defendant, an Indian, did break and enter into another’s vehicle, which held property, with the intent to steal.

The charge arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21 Oklahoma Statutes, Sections, 1435 and 1436, which is punishable by two to seven years’ imprisonment and/or up to a $250,000 fine.