Mark Leslie Lively, a 58-year-old resident of Kenna, West Virginia, received a ten-year prison sentence followed by five years of supervised release on charges of methamphetamine distribution. Lively was found guilty by a federal jury on July 17, 2024, of conspiring to distribute and possessing with intent to distribute 50 grams or more of methamphetamine.
The trial revealed Lively's involvement with a drug trafficking organization (DTO) that operated in Charleston from November 2022 to March 2023. The DTO acquired drugs on consignment, selling them and using the proceeds to pay suppliers. On February 2, 2023, Lively was observed receiving approximately 138 grams of methamphetamine from Funderburk in an alley near Washington Street West. During a traffic stop, law enforcement found the methamphetamine hidden in Lively’s vehicle.
Acting United States Attorney Lisa G. Johnston commented, "The defendant is a hardened criminal who has shown time and again that if he is on the streets, he is committing crimes." Johnston noted that Lively's participation in the drug operation caused significant harm to the community.
Operation Smoke and Mirrors, the investigation leading to these convictions, is credited with seizing over 400 pounds of methamphetamine, 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms, and $935,000 in cash. Funderburk, another key figure, was sentenced on October 3, 2024, to 13 years and six months in prison for multiple drug-related charges.
The investigative efforts involved several agencies, including the FBI and the Drug Enforcement Administration (DEA). The case was prosecuted by Assistant United States Attorneys Jeremy B. Wolfe and Joshua Hanks, with United States District Judge Thomas E. Johnston imposing Lively's sentence.
This case was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) which targets major drug trafficking and money laundering organizations.