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NEWS RELEASE
UNITED STATES ATTORNEY'S OFFICE
WESTERN DISTRICT OF VIRGINIA


John L. Brownlee
United States Attorney
Jo Brooks
Media Contact
BB&T Building
310 1st Street, S.W., Room 906
Roanoke, Virginia 24011
(540) 857-2250
FAX (540) 857-2180

November 20, 2007

SIX PERSONS CHARGED IN CONNECTION WITH PRODUCTION OF UNTAXED LIQUOR

United States Attorney John L. Brownlee announced today that Jody Alton Smith, Sr. age 60, Danny Walter Davis, age 49, Terry Lynn Smith, age 48, Jarman Johnson, age 65, all of Glade Hill, Virginia along with John David Fralin, age 55 of Rocky Mount, Virginia and Margaret Smith, age 46 of Sandy Level, Virginia, were all indicted by a federal Grand Jury sitting in Roanoke, Virginia, and appeared before Magistrate Judge Urbanski yesterday.

The thirty-one count Indictment charges various defendants with Conspiracy to Violate the Travel Act and to Produce and Receive Untaxed Liquor; Travel Act violations; Possession of Unregistered Still; Failure to Give Bond; Unlawful Production of Distilled Spirits; Conspiracy to Launder Money; Money Laundering and Perjury. Jody Alton Smith, Sr., was also charged with Theft of Government Funds for defrauding the U.S. government in connection with his receipt of Social Security Disability benefits. These charges arose out of an investigation into an illegal liquor still located in Halifax county.

Each count of Conspiracy to Violate the Travel Act and the Travel Act violations; Possession of Unregistered Still; Failure to Give Bond; Unlawful Production of Distilled Spirits; and Perjury carries a penalty of up to 5 years imprisonment and/or a fine of up to $250,000. Each count of Conspiracy to Launder Money and Money Laundering carries a penalty of up to 20 years imprisonment and/or a fine of up to $250,000. The count of Theft of Government Funds carries a penalty of up to 10 years imprisonment and/or a fine of up to $250,000.

The investigation of the case was conducted by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives and with the Virginia Department of Alcoholic Beverage Control, Illegal Whiskey Unit. Assistant United States Attorney Sharon Burnham will prosecute the case.

A Grand Jury indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.