Contact Editor Cate Folsom for questions: info@nebraskaexaminer.com. Federal authorities in February seized three of Whymarks bank accounts, with balances totaling about $700,000. Great article- I just want to add that grand juries usually hear from F.B.I and I.R.S. You hear about people being indicted all the time on the news and it comes across as such a simple, one step thing, but apparently not -- I hope I never have to experience it first hand! You are equally in your rights to tell them that you need to speak with your attorney first. DEIJ Policy | Ethics Policy | Privacy Policy, Kansas foster care provider sues former leaders over alleged, FBI moves to seize bank deposits in alleged $10 million, Kansas foster care provider criticizes coverage while. Subscribe Please contact the court for more information. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Prosecutors said Whymark used the fraudulent payments from Saint Francis to purchase a $4 million home in Armonk, New York, plus luxury vehicles, jewelry and cash withdrawals. A locked padlock In addition, your attorney will advise you on your constitutional rights such as whether any evidence seized should be suppressed under the Fourth Amendment or whether you should claim your Fifth Amendment right against self-incrimination. Ideology or Antitrust? It is sometimes possible to challenge your federal indictment. Civil Rights Initiatives. Official websites use .govA .gov website belongs to an official government organization in the United States. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. one count of bank fraud in connection with a PPP loan, To view New Cases with less information and a shorter load time click here. Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Has Your Business Attorney Met Your Estate Planning Attorney? The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Why would I know the whereabouts of Federally indicted females, but the government doesn't pick them up? Whymark was indicted on three other charges of money laundering. Federal Grand Jury A Indictments Announced- February 2022. Double Secret Probation! Subscribe to our newsletter and learn something new every day. WICHITA, Kan. Four individuals in two separate investigations were indicted today in Kansas. 1-855-321-5549. French Insider Episode 21: Between Warring Giants: How European What Appellate Courts Are Missing About PAGA Standing After Viking New Antidumping and Countervailing Duty Petition on Non-Refillable After May 15, 2023, PERMs Must Be Filed Via DOLs FLAG System, Applying for an Emergency or Urgent Expedited U.S. Passport, UFLPA Enforcement Remains Work in Progress. Map It | View. three counts of wire fraud in connection with EIDL loans from the SBA, California Supreme Court Lets It Stand That CDTFA Can Decide Who Is OFCCP Requires Federal Contractors to Implement Revised Voluntary DOJ Targets Health Care Fraud Schemes Exploiting COVID-19 Pandemic In EPA has issued an "order" permitting continued PFAS Montana and Tennessee Could Become Eighth and Ninth States to Enact Hunton Andrews Kurths Privacy and Cybersecurity. He told the church last year that he wasnt being investigated by federal authorities. That's where a federal grand jury indicted him in March on charges of smuggling diamonds into the U.S. and providing a false statement to a federal agency. Lock This list is non-exhaustive. The federal indictment must be returned by a duly convened grand jury. If the grand jury determines the prosecutors evidence to be insufficient, it returns "no bill," and the federal charge or charges are dismissed. A July 13 federal grand jury indictment announced Monday by the U.S. Attorneys Office in Kansas says Jesus Perez-Aguayo collected the tax money from JLP Share sensitive information only on official, secure websites. Capps is accused of submitting false and fraudulent documents on behalf of the companies to the Small Business Administration (SBA) for Economic Injury Disaster Loans (EIDL), as well as to the Kansas Department of Commerce for Small Business Working Capital grants, and to Sedgwick County for a Sedgwick County Cares grant. Briefly, an attorney can explain the charges alleged against you, guide you on how your case is most likely to proceed through the federal process, and keep you up-to-date on new developments in your defense. The lawsuit identifies Schaffer as Smiths friend and Whymarks brother. Departments Release Update on No Surprises Act Independent Dispute FY 2024 H-1B Registration Period Indicates 780,884 Registrations; A Look Back at Key Takeaways from RSA Conference 2023. Smith received a previously undisclosed $50,000 kickback disguised as an authorized invoice, the indictment said. Malpractice, Nature of Suit: Civil Rights: Americans with Disabilities - Employment, Wollenberg et al v. Blue Cross and Blue Shield of Kansas, Inc. (, Pacific Sands Commodore Apts., LLC v. Commodore NY LLC (, Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision, Equity Bank v. W-W Dairy Cattle, LLC et al (, Nature of Suit: Real Property: Foreclosure, United States of America v. Firearm et al (, American Southern Insurance Company v. RNG 10 Capital, LLC et al (, Ainstein AI, Inc. v. ADAC Plastics, Inc. (, Nature of Suit: Defend Trade Secrets Act (of 2016), Chilelli v. Signify North America Corporation (, Joe Hand Promotions, Inc. v. Esquibel, LLC et al (, INSCO Environmental, Inc. v. Pacific Environmental Group, LLC et al (, Horn v. Kansas, State of, Department of Revenue (, Atkins (ID 92931) v. Kansas, State of et al (, Affinity First Federal Credit Union et al v. National Credit Union Administration Board (. Counts 2, 5 and 8: Not less than five years and a fine up to $250,000. State officials terminated that contract this past December, three years before its end date, saying Saint Francis failed to deliver on a number of obligations. Saint Francis hiredSmith, an Episcopal priest ordained in 2014 by the Diocese of Chicago, as CEO in 2014. On Aug. 3, 2020, Whymark submitted an invoice for reimbursement of a $50,000 check he made to Smith on July 28. Elimination of Paper Documentation in Streamlined Entry Process NLRB Will Not Stop Short in Imposing Remedies for Failure to Bargain, A Definitive Guide to Master Law Firm Business Development. Kansas Reflector first reported on allegations of financial mismanagement by Smith and Whymark in the weeks after they left Saint Francis in November 2020. It is frequently the second step in federal cases, which usually begin when a prosecutor files an initial complaint, also called an "information" or "accusation.". Jorge Eduardo Guerrero-Bustamante, 26, San Jose, California, and Ruby Quiroz, 25, Santa Ana, California, are charged with one count of possession with intent to distribute fentanyl. An official website of the United States government. National Law Review, Volume XI, Number 40, Public Services, Infrastructure, Transportation, Pipeline Safety Act Preemption with Keith Coyle [Podcast], OFCCP Implements New Disability Self-Identification Form. Whymarks $10 million IT project, combined with Smiths personal expenses and a severely underbid contract to provide foster care services in Nebraska, had pushed the faith-based nonprofit to the brink of insolvency. Two defendants from California were indicted on charges of smuggling more than two pounds of fentanyl to Kansas. Toll Free Number The case originated in Sedgwick County. WebWichita Man Indicted for Sex Trafficking February 16, 2023 Jury Convicts Kansas Men for Violent Kidnapping in Wyandotte County February 15, 2023 Shawnee Man Sentenced Instead, a federal indictment merely means that the grand jury believed there was probable cause to charge you with the crime. In January, Saint Francis filed a civil lawsuit in Saline County District Court against Smith, Whymark, former chief counsel David Schaffer, and the law firm where Schaffer worked in Chicago. A grand jury is a group of citizens who are These charges have significant ramifications for individuals, health care professionals, business executives, companies, and other entities including criminal penalties, jail time, and permanent reputational harm. Arming yourself with an experienced criminal defense attorney will ensure that your case receives the best defense at all stages. The defendants initially were charged by criminal complaint March 10, 2020. U.S. District Court of Kansas Recently Opened Cases, Dickey v. Two Trails Healthcare, Inc. et al (, Grant v. Kansas, State of, Department for Children and Families (, Voeks v. Guardian Life Insurance Company of America, The et al (, Gonzalez v. PAR Electrical Contractor, LLC et al (, Western First Aid & Safety, LLC v. Aramark Uniform & Career Apparel, LLC (, Standard Life Insurance Company v. Vasquez Nunez et al (, Huth et al v. Midea America Corp. et al (, Oliver v. University of Kansas Hospital Authority (, American Family Mutual Insurance Company, S.I. WebThe Federal Public Defender for the District of Kansas is an equal opportunity employer. Nebraska Examiner is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Local Rules. In 2019, Nebraska contracted with Saint Francis to oversee its child welfare system. An attorney can help you decide which post-indictment option would be best for your case: (1) move to dismiss the indictment; (2) plead guilty; or (3) contest the Congressman, Jury Convicts Wichita Man of Money Laundering, Wire and Bank Fraud, Kansas Man Indicted on Cocaine and Firearms Charges, Kansas Veteran Sentenced for Defrauding the VA, PharmScript of KS LLC agrees to pay $3 million to resolve allegations that it improperly dispensed controlled substances at long-term care facilities, Bonner Springs Man Sentenced for Child Sexual Exploitation, Parsons Man Sentenced for Child Porn Conspiracy. Federal defendants may also waive their right to a grand jury proceeding and proceed with a trial or a plea agreement based only on the prosecutors information, or initial complaint. Nick also directs internal corporate investigations and he leads defense teams in whistleblower actions, corporate defense cases, as well as cases involving national security and elected officials. Both cases were investigated by the Kansas Highway Patrol and the Drug Enforcement Administration St. Louis Division. Whymark mispresented his academic credentials, falsely claiming he held a PhD in marketing sciences from the University of Connecticut, according to the indictment. Having this information at hand for your attorney will save time so your attorney can begin preparing your individualized defense strategy. A federal grand jury indicted Parcells in November 2020 on 10 counts of wire fraud. Both We appreciate the diligence exhibited in the pursuit of justice by all parties.. No Thanks TOPEKA A federal grand jury has indicted the former CEO and IT director of Saint Francis Ministries for scheming to defraud the foster care provider of at least $4.7 million in fake invoices. Opinions. NLRB Propounds Expansive List of Potential U.S. Executive Branch Update April 28, 2023, Compliance Update Insights and Highlights April 2023, Early 2023 Delaware Corporate and M&A Law Review, Tycko & Zavareei Whistleblower Practice Group. two counts of wire fraud in connection with grants from the Kansas Department of Commerce, This is because this right has not been incorporated into the Fourteenth Amendment which would make it applicable to the states. The indictment filed against Capps charges him with: one count of making false statement to a bank for a PPP loan, The Drug Enforcement Administration, Kansas City District Office,investigated. To: Note: Court schedules change frequently and often at the last minute. Smith approved the invoice the same day it was submitted, causing SFM to unknowingly fund the $50,000 payment from Whymark to Smith, the indictment said. The drop down boxes below are for filtering the information for the selected date range. I had no idea that a federal indictment was so complicated! There may be important deadlines or tactical responses that need to be taken as soon as possible for your defense. An attorney can help you navigate the criminal judicial process, prepare a personalized defense, and fight aggressively for your freedom. Upon conviction, the crimes carry the following penalties: Count 1: Up to 20 Below are some common reasons for an attorney to challenge an indictment: Alleging that the indictment fails to delineate a violation of the law or fails to plead all the required elements of one or more offenses; Alleging procedural defects within the indictment such as claiming that the crime falls outside the relevant statute of limitations or improper venue; Alleging that the indictment fails to give the defendant the required notice of the charges made against the defendant; Alleging serious defects in the grand jury proceeding such as the prosecutors inability to fully disclose to the grand jury the applicable law; Prosecutorial misconduct in bringing the indictment or other misconduct; It is important to note that challenging a federal indictment and being successful is rare. Several people were indicted Tuesday and Wednesday in U.S. District Court in Wichita in separate gun and drug cases, court records show. The indictment follows a two-year investigation into accusations of financial mismanagement that led to the dismissal of former CEO Robert Father Bobby Smith. U.S. District Court of Kansas Recently Opened Cases Currently showing expanded information for the last 100 cases opened. Four individuals indicted with drug charges in Kansas. Med. XVI, Standard Life Insurance Company v. Vasquez Nunez et al (, Huth et al v. Midea America Corp. et al (, Oliver v. University of Kansas Hospital Authority (, American Family Mutual Insurance Company, S.I. Nebraska Examiner maintains editorial independence. Below are critical steps that you can take after being federally indicted: This step is the most important for your defense. Contact the Webmaster to submit comments. A criminal investigation or prosecution can lead to severe consequences such as penalties and jail time. A federal indictment, also called a bill of indictment or a true bill, is the written accusation that forms the basis for a felony Therefore, it is critical that you act to prepare your defense by retaining an experienced criminal defense attorney right away. In all cases, defendants are presumed innocent until and unless proven guilty. According to court documents, Michael Capps, 43, of Wichita is the owner and/or majority owner of Midwest Business Groups, LLC and Krivacy, LLC. The purpose of this review is to determine whether the case is strong enough to proceed. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. WICHITA, KAN. A federal grand jury in Wichita indicted a Kansas man on charges he defrauded federal, state, and local agencies of more than $450,000 in The crimes are alleged to have occurred January 19, 2020 in Trego County, Kansas. v. Coe et al (, Stannard et al v. United States of America (, Wollenberg et al v. Blue Cross and Blue Shield of Kansas, Inc. (, Pacific Sands Commodore Apts., LLC v. Commodore NY LLC (, Equity Bank v. W-W Dairy Cattle, LLC et al (, United States of America v. Firearm et al (, American Southern Insurance Company v. RNG 10 Capital, LLC et al (, Ainstein AI, Inc. v. ADAC Plastics, Inc. (, Chilelli v. Signify North America Corporation (, Joe Hand Promotions, Inc. v. Esquibel, LLC et al (, INSCO Environmental, Inc. v. Pacific Environmental Group, LLC et al (, Horn v. Kansas, State of, Department of Revenue (, Atkins (ID 92931) v. Kansas, State of et al (. I am deeply concerned about the allegations contained in this indictment, Clark said. He received an annual salary of $164,000. This may sound obvious, but this step is vital to always keep in mind. Capps also allegedly sent false and fraudulent documents to EmpriseBank to receive a Payroll Protection Program (PPP) loan. The National Law Review is a free to use, no-log in database of legal and business articles. 04.13.2023. 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WebWhat Is a Federal Grand Jury Indictment? Connect with the definitive source for global and local news. Webreasons for maintaining accurate and coherent records legal requirements; martha stewart almond wedding cake recipe. Press Release. If convicted, they could face not less than 10 years in federal prison and a fine up to $10 million on each of the possession charges, and up to five years and a fine up to $250,000 on the other count. Evidence will be crucial to your defense, whether such evidence includes a comprehensive audit trail, supporting documentation for certain professional decisions, bank records, call records, witness testimony, etc. A .gov website belongs to an official government organization in the United States. If convicted, he could face a penalty of not less than five years and not more than 40 years and a fine up to $5 million on each count. The organization managed to stay afloat by receiving a $10 million Paycheck Protection Program loan that it wasnt eligible for and never repaid. WICHITA, Kan. (AP) Authorities allege in a federal indictment that a man threatened to burn government employees with battery acid. In those states that do not use grand juries, prosecutors file a criminal complaint. Counts 4, 7: Not more than 40 years and not less than five years and a fine up to $5 million. eight counts of money laundering. TOPEKA A federal grand jury has indicted the former CEO and IT director of Saint Francis Ministries for scheming to defraud the foster care provider of at least $4.7 million in fake invoices. The indictments merely contain allegations of criminal conduct. WICHITA, Kan. Four individuals in two separate investigations were indicted today in Kansas. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Secure .gov websites use HTTPSA lock ( He previously spent 16 years at the Topeka Capital-Journal. Dr. Nick Oberheiden focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation. Emails from the subcontractors show how many hours employees worked and what their wages were. I-9 Verification and Compliance: Navigating New Nuances Post-COVID, Foreign Sponsors Breaking Into The Us Renewables Market: Challenges And Solutions, Labor and Employment Update for Employers May 2023, Global Mobility Opportunities And Challenges: How To Navigate A Global Workforce. WebIn October 2020, through Rathbun, Whipple amended the defamation and conspiracy lawsuit to include Capps, O'Donnell (now Sedgwick County Commissioner), and Wichita City Councilman James Clendenin as defendants. v. Coe et al (, Stannard et al v. United States of America (, Nature of Suit: Personal Inj. (Sherman Smith/Kansas Reflector). Court documents also indicate he is a member of the Fourth and Long Foundation. The misdemeanor charges carries a fine of up to a year in prison. A grand jury in Wichita returned two indictments Tuesday charging federal gun crimes under the Justice Departments new initiative called Project Guardian, U.S. The federal indictment serves as notice to the defendant of the charges and contains basic information. After the federal indictment is issued, a warrant is prepared for the defendants arrest, if the defendant is not in custody already. one count of wire fraud in connection with a grant from Sedgwick County, and As the case moves forward, Saint Francis will continue to work transparently and collaboratively with federal authorities as part of the investigative process, the statement said. Smith denied being a business partner with Whymark, even though one of Whymarks companies had identified Smith as a business partner on its website. Your defense attorney can guide you in preparing yourself to maintain such composure. FBI.gov is an official site of the U.S. Department of Justice. If the prosecutor or the court sees you acting defensive or aggressive, this may have a detrimental impact on your case. Is Amazon actually giving you a competitive price? The crimes are alleged to have occurred in 2020 in Sedgwick County, Kansas. ; Markus Michael A. Patterson, 37, of Grandview, Mo. Whymarks company, WMK Research, hired two India-based subcontractors to perform the actual IT services, and instructed them to conceal their work. Smith hired Whymark in February 2018 to lead a project to upgrade IT services for the organization. He resigned in November 2020 after an attorneys investigation substantiated allegations of financial misconduct that previously were outlined by two whistleblowers. Court documents dont identify what government agency the employees worked for or where exactly the incident took place. Do not be afraid to ask questions to your attorney about the plan going further, your defense strategy, or any other issues. Managing Editor, Kansas City Business Journal Apr 28, 2023 A federal grand jury in Kansas City indicted a former Overland Park man for fraudulently The criminal complaint is heard by a judge, who determines whether there is sufficient evidence against the accused to proceed with a trial. He has written award-winning news stories about the instability of the Kansas foster care system, misconduct by government officials, sexual abuse, technology, education, and the Legislature. Gleneice Lashawn Phillips, 24, Dayton, Ohio, and Kamryne J. Wright, 19, Dayton, Ohio, are charged with one count of possession with intent to distribute methamphetamine, one count of possession with intent to distribute fentanyl, and one count of traveling across state lines in furtherance of drug trafficking. The grand jury indictment, which was filed Nov. 9, says Smith and Whymark conspired and engaged in a scheme to defraud Saint Francis Ministries.. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. When I learned of it yesterday, I immediately moved to suspend the Rev. A Kansas man threatened in June to murder Rep. Jake LaTurner, a federal indictment alleges, sparking four months of courtroom proceedings that have drawn virtually no public attention. WICHITA, KAN. A federal grand jury in Wichita indicted a Kansas man on charges he defrauded federal, state, and local agencies of more than $450,000 in COVID-19 business recovery funds. U.S. District Court of Kansas Recently Opened Cases Currently showing last 100 cases opened NOTE: Clicking a case number below will open the case information Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. If convicted, they could face a penalty of not less than 10 years in federal prison and a fine up to $4 million. Being federally indicted can be a worrisome time in your life. Sherman Smith is the editor of the Kansas Reflector. The content and links on www.NatLawReview.comare intended for general information purposes only. Read More. The indictment said Smith and Whymark conspired along with unnamed others to commit wire fraud. Six Indicted in Alleged Drone Prison Smuggling Scheme. 04.12.2023. An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. U.S. District Court of Kansas Recently Opened Cases, Dickey v. Two Trails Healthcare, Inc. et al (, Nature of Suit: Habeas Corpus (Prison Condition), Nature of Suit: Contract Product Liability, Grant v. Kansas, State of, Department for Children and Families (, Voeks v. Guardian Life Insurance Company of America, The et al (, Gonzalez v. PAR Electrical Contractor, LLC et al (, Western First Aid & Safety, LLC v. Aramark Uniform & Career Apparel, LLC (, Nature of Suit: Social Security: DIWC/DIWW, Nature of Suit: Social Security: SSID Tit. WebKS Court Schedule From: Use the "From" and "To" boxes to change the date (s). In the United States, the prosecutor is the individual charged with the authority to initiate criminal investigations and proceedings against one or more persons. A federal indictment is usually brief and plainly worded, listing where, when and how the defendant allegedly committed the felony offense. Defendants originally charged in the indictment are Trevor Scott Sparks, 31, Gerald L. Ginnings, 40, Gloria May Jones, 30, Vicente Araujo, 23, Leslie Ladon Walker, 33, and Paul J. Kibodeaux, 37, all of Kansas City, Mo. New Counts 3, 6 and 9: Up to 10 years and a fine up to $250,000. What Happens after a Grand Jury Indictment. The indictments merely contain allegations of criminal conduct. If convicted, they would face a maximum prison sentence of 20 years in federal prison, plus fines and restitution. The indictments in U.S. WebWichita U.S. Federal Court. WICHITA, Kan. Troy Bong, 51, of Wichita, is charged with three counts of possession with intent to distribute methamphetamine (counts 1, 4, 7), three counts of possession of a firearm in furtherance of drug trafficking (counts 2, 5, 8) and three counts of unlawful possession of a firearm by a felon (counts 3, 6, 9). Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources.
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