WICHITA, Kan. Four individuals in two separate investigations were indicted today in Kansas. A locked padlock New The crimes are alleged to have occurred January 19, 2020 in Trego County, Kansas. 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. . Having this information at hand for your attorney will save time so your attorney can begin preparing your individualized defense strategy. An official website of the United States government. 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 NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Counts 3, 6 and 9: Up to 10 years and a fine up to $250,000. This will depend on many factors, and your attorney can help you decide whether this is a possibility. The indictment filed against Capps charges him with: one count of making false statement to a bank for a PPP loan, 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. Moving Towards MOCRA Implementation: FDA Announces Industry DAO Deemed General Partnership in Negligence Suit over Crypto Hack IRS Updates Its List of Compliance Campaigns. 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. 04.13.2023. Emails from the subcontractors show how many hours employees worked and what their wages were. ) or https:// means youve safely connected to the .gov website. Lock Share sensitive information only on official, secure websites. The grand jury indictment, which was filed Nov. 9, says Smith and Whymark conspired and engaged in a scheme to defraud Saint Francis Ministries.. 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. Making sure that victims of federal crimes are treated with compassion, fairness and respect. Whymark mispresented his academic credentials, falsely claiming he held a PhD in marketing sciences from the University of Connecticut, according to the indictment. The indictments merely contain allegations of criminal conduct. Four individuals indicted with drug charges in Kansas. Nebraska Examiner maintains editorial independence. The indictment said Smith and Whymark conspired along with unnamed others to commit wire fraud. According to court documents, Michael Capps, 43, of Wichita is the owner and/or majority owner of Midwest Business Groups, LLC and Krivacy, LLC. He received an annual salary of $164,000. The organization managed to stay afloat by receiving a $10 million Paycheck Protection Program loan that it wasnt eligible for and never repaid. (Sherman Smith/Kansas Reflector). He also used Saint Francis credit cards to pay for personal expenses, including cash withdrawals, clothing and jewelry. WebWhat Is a Federal Grand Jury Indictment? 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. 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 Assistant U.S. Attorney Alan Metzger is prosecuting the case. Instead, a federal indictment merely means that the grand jury believed there was probable cause to charge you with the crime. Double Secret Probation! Indictment by grand jury is a protection granted to defendants in federal felony cases under the Fifth Amendment of the U.S. Constitution, which states that No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury. Despite this, fewer than half of all U.S. states use grand juries in prosecuting felony cases. A criminal investigation or prosecution can lead to severe consequences such as penalties and jail time. 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. To: Note: Court schedules change frequently and often at the last minute. 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! March 23, 2023. The indictment said payments totaled $10,737,583, of which at least $4,774,637.50 were fraudulent. 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. A lifelong Kansan, he graduated from Emporia State University in 2004 as a Shepherd Scholar with a degree in English. The Wichita Eagle reports that Roland Keith Vandenberg was indicted Tuesday in federal court on one charge of assaulting, impeding, intimidating and Six Indicted in Alleged Drone Prison Smuggling Scheme. FBI.gov is an official site of the U.S. Department of Justice. Rev. v. Coe et al (, Stannard et al v. United States of America (, Nature of Suit: Personal Inj. There may be important deadlines or tactical responses that need to be taken as soon as possible for your defense. He told the church last year that he wasnt being investigated by federal authorities. Paula Clark, who became bishop of the Episcopal Diocese of Chicago in September, said the church takes allegations of clergy misconduct seriously and cooperates with legal authorities. 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. Saint Francis hiredSmith, an Episcopal priest ordained in 2014 by the Diocese of Chicago, as CEO in 2014. Whymark submitted invoices, approved by Smith without his boards knowledge, for inflated amounts. This list is non-exhaustive. Several people were indicted Tuesday and Wednesday in U.S. District Court in Wichita in separate gun and drug cases, court records show. You are equally in your rights to tell them that you need to speak with your attorney first. 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. Therefore, it is important to understand the basics of a federal indictment, what it means for you, and how to respond. The misdemeanor charges carries a fine of up to a year in prison. Smith hired Whymark in February 2018 to lead a project to upgrade IT services for the organization. Court documents dont identify what government agency the employees worked for or where exactly the incident took place. Both cases were investigated by the Kansas Highway Patrol and the Drug Enforcement Administration St. Louis Division. 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. We appreciate the diligence exhibited in the pursuit of justice by all parties.. Usually, indictments are sealed because the defendant has yet to be arrested. On Aug. 3, 2020, Whymark submitted an invoice for reimbursement of a $50,000 check he made to Smith on July 28. 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. The indictment follows a two-year investigation into accusations of financial mismanagement that led to the dismissal of former CEO Robert Father Bobby Smith. 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. Smith was indicted with an additional five charges of wire fraud and a charge of money laundering. Subscribe to our newsletter and learn something new every day. In those states that do not use grand juries, prosecutors file a criminal complaint. Arming yourself with an experienced criminal defense attorney will ensure that your case receives the best defense at all stages. The federal indictment must be returned by a duly convened grand jury. At a grand jury proceeding (which is a secret and sealed process), the following may occur: (1) witnesses may testify; (2) individuals may be subpoenaed as witnesses; (3) documents may be subpoenaed; and (4) evidence is showed to the grand jury. The federal indictment must be returned by a duly convened grand jury. Whymarks company, WMK Research, hired two India-based subcontractors to perform the actual IT services, and instructed them to conceal their work. Court documents also indicate he is a member of the Fourth and Long Foundation. Opinions. 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. 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 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. Those states that do grant grand jury indictments to the accused do so because they have incorporated the right into their state constitutions. He previously spent 16 years at the Topeka Capital-Journal. ; David Robert Richards II, 32, of Louisburg, Kan.; Christian Douglas 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. Sherman Smith is the editor of the Kansas Reflector. When I learned of it yesterday, I immediately moved to suspend the Rev. 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. 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. 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. For example, the top of the document will have the name of the district court, case number, the caption of the case that shows what parties are involved, and what counts (charges) are within the document. Federal prosecutors obtain indictments through a grand jury, which is a body of 16 to 23 ordinary citizens within the community. Unless the defendant waives his or her right to a jury trial or works out a plea agreement with prosecutors, cases stemming from federal indictments are tried by juries. After the federal indictment is issued, a warrant is prepared for the defendants arrest, if the defendant is not in custody already. eight counts of money laundering. Two defendants from California were indicted on charges of smuggling more than two pounds of fentanyl to Kansas. This is important so you feel secure and comfortable with the services of your attorney. Share sensitive information only on official, secure websites. Counts 4, 7: Not more than 40 years and not less than five years and a fine up to $5 million. He has defended clients in PPP Loan Fraud cases and COVID-19 investigations. Smith denied being a business partner with Whymark, even though one of Whymarks companies had identified Smith as a business partner on its website. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Kansas Reflector first reported on allegations of financial mismanagement by Smith and Whymark in the weeks after they left Saint Francis in November 2020. After receiving a federal indictment, it is important to take prompt action. The criminal complaint is heard by a judge, who determines whether there is sufficient evidence against the accused to proceed with a trial. Connect with the definitive source for global and local news. 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 An attorney can help you navigate the criminal judicial process, prepare a personalized defense, and fight aggressively for your freedom. ; Markus Michael A. Patterson, 37, of Grandview, Mo. I am deeply concerned about the allegations contained in this indictment, Clark said. The case originated in Sedgwick County. Show 20 More Items, emailStay Connected 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. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. WebKS Court Schedule From: Use the "From" and "To" boxes to change the date (s). The crimes are alleged to have occurred in 2020 in Sedgwick County, Kansas. Upon conviction, the crimes carry the following penalties: Alejandro Valerio Pineda, 45, of Wichita, is charged with two counts of distributing methamphetamine. 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 (. Smith regularly as these legal proceedings unfold to ensure his compliance with the terms of this suspension., by Sherman Smith, Nebraska Examiner November 11, 2022. The invoice purported to be for marketing services and consulting work, which wasnt in the scope of his contract. Its reach can extend as far as the prosecutor deems necessary and as long as the grand jury determines that the probable cause standard is met. If the prosecutor or the court sees you acting defensive or aggressive, this may have a detrimental impact on your case. one count of wire fraud in connection with a grant from Sedgwick County, and 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. Pennsylvania Medical Supply Company Agrees to $5 Million Settlement. 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. If the grand jury determines the prosecutors evidence to be insufficient, it returns "no bill," and the federal charge or charges are dismissed. In 2019, Nebraska contracted with Saint Francis to oversee its child welfare system. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. An attorney would be responsible for managing your case from start to finish and will fight to secure the most favorable outcome for you. 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. Contact Editor Cate Folsom for questions: info@nebraskaexaminer.com. Smith said he never received compensation from Whymarks companies. Prosecutors say Smith approved invoices submitted by William Whymark that inflated the actual cost of providing IT services. The investigating agencies are the FBI and investigators from the Sedgwick County District Attorneys Office. Your attorney should always maintain open communications with you. Dr. Nick Oberheiden focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation. Nebraskans want accountability from their elected officials and government. The Drug Enforcement Administration, Kansas City District Office,investigated. An indictment is a formal accusation of charges against the defendant and is a pivotal tool used by the government. Many are aware that an indictment is the initial step sought by the prosecutor in their effort to initiate a criminal prosecution. Your defense attorney can guide you in preparing yourself to maintain such composure. 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. The purpose of this review is to determine whether the case is strong enough to proceed. Do not be afraid to ask questions to your attorney about the plan going further, your defense strategy, or any other issues. U.S. Census Bureau QuickFacts: Wichita city, Kansas QuickFacts Wichita city, Kansas Table (a) Includes persons reporting only one race (b) Hispanics may be of any race, so also are included in applicable race categories (c) Economic Census - Puerto Rico data are not comparable to U.S. Economic Census data When an individual is federally indicted, they are given an official charge that they committed the crime(s) alleged in the indictment. 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 (. 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. 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).
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