Mark Leslie Lively, a 58-year-old from Kenna, West Virginia, has been sentenced to a decade in prison, followed by five years of supervised release, for his involvement in a methamphetamine trafficking organization. A federal jury convicted Lively on July 17, 2024, after a two-day trial, for conspiracy to distribute and possession with intent to distribute over 50 grams of methamphetamine.
During the trial, it was confirmed that Lively was part of a drug trafficking organization (DTO) operating in the Charleston area from November 2022 to March 2023. The group obtained drugs on consignment, repaying suppliers from their sales. On February 2, 2023, law enforcement observed Lively receiving around 138 grams of methamphetamine from Funderburk in a Charleston alley. Lively's attempt to leave the area was thwarted by a traffic stop, during which a police K-9 alerted officers to controlled substances in his vehicle. A search revealed methamphetamine hidden under the dashboard.
Lively's criminal record now features 34 convictions, with at least eight felonies. Acting United States Attorney Lisa G. Johnston stated, "The defendant is a hardened criminal who has shown time and again that if he is on the streets, he is committing crimes." Johnston praised Lively's sentence as preventing further community harm.
Operation Smoke and Mirrors, an investigation leading to the conviction of Lively and Funderburk, resulted in the largest methamphetamine seizure in West Virginia history. The operation uncovered over 400 pounds of methamphetamine, 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms, and $935,000 in cash. Funderburk, aged 39 from Charleston, received a 13-year and six-month prison sentence for multiple drug conspiracy charges.
The investigation's success was credited to the combined efforts of various federal, state, and local law enforcement agencies, including the Federal Bureau of Investigation, the Drug Enforcement Administration, and the U.S. Department of Homeland Security. United States District Judge Thomas E. Johnston imposed Lively's sentence, while Assistant United States Attorneys Jeremy B. Wolfe and Joshua Hanks prosecuted the case.
This case was part of the Department of Justice's Organized Crime Drug Enforcement Task Force, focusing on dismantling significant drug trafficking and money laundering organizations threatening public safety and national security.
