Northern District of Iowa

A Dubuque teenager and felon that possessed firearms was sentenced October 20, 2022, to more than four years in federal prison.

Dairein Dawon Dean, age 19, from Dubuque, Iowa, received the prison term after a March 17, 2022 guilty plea to one count of possession of a firearm by a felon. 

Information disclosed at sentencing showed that, prior to September 2021, Dean had been convicted of several felony offenses, including trafficking in stolen weapons, reckless use of firearm causing property damage, escape from custody, second‑degree burglary, and second‑degree criminal mischief.  On September 4, 2021, law enforcement stopped Dean’s vehicle for having fraudulent license plates.  During the traffic stop, Dean fled on foot, eluding officers.  Officers searched Dean’s vehicle and recovered a loaded pistol.  Then, on January 9, 2022, Dean fired several shots from his vehicle and struck an occupied residence at least five times.            

Dean was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Dean was sentenced to 57 months’ imprisonment, and he must also serve a three‑year term of supervised release after the prison term.  There is no parole in the federal system.

Dean is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Bureau of Alcohol, Tobacco, Explosives, and Firearms, and the Dubuque Police Department.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22‑CR‑01004.

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A former bank vice resident and lending officer who submitted false documents to the bank for whom he worked was sentenced today to over a year in federal prison.

Bradley Schlotfeldt, age 59, from Cedar Falls, Iowa, received the prison term after a March 10, 2022 guilty plea to one count of making a false statement to a financial institution.

Information from the plea agreement and at sentencing showed that Schlotfeldt made a false statement to the victim bank regarding a “Young Farmer” loan.  Schlotfeldt completed and submitted to the victim bank a loan application indicating a particular individual was operating a farm when he knew the individual was not and had never done so.  As a result, the victim bank loaned money to the individual, who eventually transferred the money to a different individual who did not use the money to farm or to pay off debt he had to the victim bank.  The victim bank eventually lost $575,218 on the “Young Farmer” loan.

After discovering Schlotfeldt had submitted a false document for the “Young Farmer” loan, the victim bank discovered thirteen other loans in which Schlotfeldt falsified documents or violated bank policy.  He did so in a variety of ways, including making it appear someone had signed a document when they had not, altering numbers to avoid greater scrutiny, and bypassing his direct supervisor who was more likely to recognize false numbers.  In total, victim bank wrote off $6,738,290.35 in loans associated with Schlotfeldt. 

Schlotfeldt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Schlotfeldt was sentenced to 18 months’ imprisonment.  He was ordered to make $3,000,000 in restitution to the victim bank.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Schlotfeldt was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-1010.

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A Spencer, Iowa woman who purchased firearms for felons was sentenced September 27, 2022, to more than 1 year in federal prison.

Marissa Anderson, age 25, from Spencer, Iowa, received the prison term after a March 2, 2022, guilty plea to false statement during purchase of a firearm.

Evidence in the case revealed Anderson supplied 12 guns, to five different individuals, each of whom was prohibited from lawfully possessing firearms. These crimes were discovered during multiple criminal investigations within the Northern District of Iowa. On one occasion, Anderson transferred a semiautomatic gun to a felon, then drove him around Spencer, Iowa as he threatened another person while brandishing the gun.

Anderson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 18 months’ imprisonment.  She must also serve a 2-year term of supervised release after the prison term.  There is no parole in the federal system.

Anderson was released on the bond previously set and is to surrender to the United States Marshal on a date yet to be set

The case was investigated by Spencer Police Department, Clay County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case was prosecuted by Assistant United States Attorney Forde Fairchild. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-04070.

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A man who possessed eight loaded guns and fled from the police was sentenced today to more than five years in federal prison.

Justin James Gallmeyer, age 39, from Oelwein, Iowa, received the prison term after an April 14, 2022 guilty plea to possessing firearms as a felon.  He has a prior federal felony conviction for possessing a firearm as a drug user.  

Evidence at the sentencing hearing showed that Gallmeyer possessed a total of eight guns over the course of approximately one year.  In August 2020, he fled from the police with two loaded guns tucked into the waistband of his pants.  In the summer of 2021, he traded a gun for methamphetamine.  In November 2021, Gallmeyer hid in a toolbox at his home when law enforcement officers arrived at the home.  Officers later found five guns at his house. 

Gallmeyer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gallmeyer was sentenced to 70 months’ imprisonment and must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Gallmeyer is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Special Assistant United States Attorneys Devra Hake and Adam Vander Stoep and investigated by the Fayette County Sheriff’s Office, Iowa State Patrol, and the Oelwein Police Department. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-2001.

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United States Attorney Timothy T. Duax announced today that Assistant United States Attorney (AUSA) Daniel Tvedt will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election.  AUSA Tvedt has been appointed to serve as the District Election Officer (DEO) for the Northern District of Iowa, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

United States Attorney Duax said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

United States Attorney Duax stated that: “The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Tvedt will be on duty in the Cedar Rapids area while the polls are open.  He can be reached by the public at 319-363-6333.  AUSA Ron Timmons will be on duty in the Sioux City area and can be reached at 712-255-6011.”

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 402-493-8688.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.

United States Attorney Duax said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate.  It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

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A former volunteer Linn County reserve deputy sheriff pled guilty today in federal court to receiving child pornography.

Gordon Grabau, age 51, from Marion, Iowa, was convicted of one count of receiving child pornography.

In a plea agreement, Grabau admitted that, between December 2014 and June 2021, he knowingly received and attempted to receive visual depictions of minors engaged in sexually explicit conduct.  Grabau further admitted that, on July 1, 2021, law enforcement officers searched his home in Marion.  Officers seized numerous digital storage devices, such as hard drives and thumb drives, from the home.  Those devices were examined, and officers discovered Grabau had over 160,000 files containing child pornography spread over five devices.  Grabau admitted that those files included material involving children under the age of 12, including children as young as infants and toddlers.  The material also included images portraying both sadistic and masochistic conduct.

Evidence at a prior hearing showed that Grabau had served as a volunteer reserve deputy sheriff in Linn County since 2000.  The Linn County Sheriff’s Office suspended him and Grabau later resigned his position on July 17, 2021.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Grabau remains in custody of the United States Marshal pending sentencing.  Grabau faces a mandatory minimum sentence of 5 years’ imprisonment and the following maximum penalties: (1) not more than 20 years’ imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 5 years to life.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Bureau of Investigation with the assistance of the Iowa Division of Criminal Investigation and the Marion Police Department.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.” 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-53.

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A man who possessed depictions of child sexual abuse was sentenced today to six years in federal prison.

Mychal Olson, age 32, from Dubuque, Iowa, received the prison term after an April 22, 2022 guilty plea to receipt of child pornography.

At the guilty plea, Olson admitted that between May 2019 and December 2020 he knowingly received depictions of minors engaging in sexually explicit conduct on his cell phone.

Olson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Olson was sentenced to 72 months’ imprisonment and fined $100.  He was ordered to make restitution.  He must also serve a ten-year term of supervised release after the prison term and will be required to register on the sex offender registry.  There is no parole in the federal system.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Olson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by Homeland Security Investigations, the Iowa Division of Criminal Investigation, the Waterloo Police Department with assistance from the South Australian Police.          

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-cr-2075.

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A man who was previously convicted of second-degree murder in state court and who violently assaulted another inmate in the Linn County jail was sentenced today to five years in federal prison.

Johnny Blahnik Church, f/k/a Drew Blahnik, age 35, from Cedar Rapids, Iowa, received the prison term after a June 6, 2022 guilty plea to being a prohibited person in possession of a firearm and ammunition.

At the plea hearing, Church admitted that, in February 2019, he possessed a Glock .40 caliber handgun and multiple rounds of .40 caliber ammunition.  Church also admitted that at the time he possessed this gun and ammunition, he was prohibited from doing so because he was a knowing user of both cocaine and methamphetamine. 

In July 2021, Church, then known as Drew Blahnik, was convicted after a trial in the Iowa District Court for Linn County of second-degree murder, obstruction of justice, and abuse of a corpse related to the December 2018 death of Chris Bagley.  In December 2021, Church was sentenced to 57 years in Iowa state prison as a result of these convictions.

Evidence at sentencing showed that, in May 2022, while confined in the Linn County Jail awaiting trial on his federal gun charge, Church, along with another inmate, assaulted a third inmate.  The assault, which lasted for several minutes, included Church and the other inmate assaulting the victim by punching him, kicking him, and hitting him with a metal tray, causing multiple serious injuries.  Church has been charged with assault causing serious injury and tampering with a witness in the Iowa District Court for Linn County.  As with any criminal case, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.

Church was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Church was sentenced to 60 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system. 

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Linn County Sheriff’s Office, the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Drug Enforcement Administration.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-30.

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Three men who were involved in a Mexico‑based drug trafficking organization were sentenced today to significant time in federal prison. 

Levi Dull, age 43, from Cedar Falls, Iowa, received the prison term after a February 28, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.  Ruben Vasquez, age 44, a citizen of Mexico, received the prison term after a May 2, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.  Narciso Chinchillas Sanchez, age 23, a citizen of Mexico, received the prison term after a March 1, 2022 guilty plea to one count of conspiracy to distribute a controlled substance. 

Evidence at their respective sentencings showed that Dull, Vasquez, and Chinchillas Sanchez were members of a Mexico‑based drug trafficking organization that was distributing methamphetamine and fentanyl in the Waterloo, Iowa, area.  Starting no later than January 2021 and continuing until August 2021, a Mexico‑based source of supply provided Dull with at least 42 pounds of methamphetamine that was imported from Mexico.  In the spring or early summer of 2021, Dull owed money to the Mexico‑based organization, so his supplier enlisted Vasquez to give Dull a pound of meth, provided he could pay for it.  Dull could then sell the meth and use the proceeds to repay his debt.  Vasquez distributed at least 11 pounds of methamphetamine to Dull.  At some point in the early summer of 2021, the Mexico‑based supplier directed Chinchillas Sanchez to travel to Waterloo and assist in distributing methamphetamine to Dull.  Chinchillas Sanchez distributed at least 30 pounds of methamphetamine to Dull. 

On August 14, 2021, Dull distributed a substance containing fentanyl that eventually resulted in two men overdosing, with one of the men dying as a result.  On August 18, 2021, law enforcement officers searched Dull’s home in Cedar Falls, Iowa, and Dull’s storage unit in Waterloo.  The officers recovered two guns, including one that was stolen, ammunition, almost 300 grams of methamphetamine, almost 2 grams of a substance containing heroin and fentanyl, and several other controlled substances. 

On October 25, 2021, law enforcement officers searched Chinchillas Sanchez’s home in Waterloo.  They recovered over 90 pounds of methamphetamine and almost 23 pounds of fentanyl, including approximately 34,380 pills containing fentanyl.  Most of the methamphetamine seized from Chinchillas Sanchez’s house was hidden behind drywall in the basement. 

Dull, Vasquez, and Chinchillas Sanchez were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Dull was sentenced to 270 months’ imprisonment, and he was ordered to serve a 5‑year term of supervised release after the prison term.  Vasquez was sentenced to 170 months’ imprisonment, and he was ordered to serve a 5‑year term of supervised release after the prison term.  Chinchillas Sanchez was sentenced to 158 months’ imprisonment, and he was ordered to serve at 5‑year term of supervised release after the prison term.  There is no parole in the federal system.       

“Methamphetamine and fentanyl ruin lives, and in some cases end them. People who distribute meth and fentanyl in our communities will always be a primary prosecutorial target of our office,” said United States Attorney Timothy Duax.

Dull, Vasquez, and Chinchillas Sanchez are being held in the United States Marshal’s custody until they can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Dillan Edwards and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; the Iowa Division of Narcotics Enforcement; the Drug Enforcement Administration; the United States Postal Inspection Service; and Homeland Security Investigations. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-CR-02051.

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A man who illegally re-entered the United States was sentenced on October 12, 2022, to 10 years’ imprisonment, in federal court in Sioux City.

Miguel Rodriguez-Chavez, 38, from Mexico, pled guilty on May 4, 2022, to illegal re-entry as an aggravated felon.

At the plea and sentencing hearings, evidence showed that on April 21, 2021, Rodriguez-Chavez was arrested for domestic abuse assault in O’Brien County, Iowa, using an alias.  Shortly thereafter, ICE was able to determine his true identity, that he was a citizen of Mexico, and was previously removed from the United States on at least five occasions.  On May 8, 2021, defendant was arrested for operating while intoxicated.  After serving a term of imprisonment for the domestic abuse assault and OWI convictions, he was turned over to federal custody. 

Defendant has a history of serious and violent crimes including attempted robbery, aggravated assault with a deadly weapon, domestic abuse assault, and committing offenses while in the prison system.  Rodriguez-Chavez had been most recently removed in March 2020 and was under a three-year term of supervised release should he return to the United States.  Due to the instant conviction and related criminal convictions, defendant was sentenced to two years imprisonment to be served consecutively with an eight-year sentence for the instant conviction.    

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Rodriguez-Chavez was sentenced to a total of 10 years’ imprisonment and must serve a three-year term of supervised release following imprisonment.  There is no parole in the federal system.  Rodriguez-Chavez remains in custody of the United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Homeland Security Investigations and the O’Brien County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4043.  

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A man who was found with a loaded stolen firearm during a traffic stop was sentenced October 12, 2022, to more than three years in federal prison.

Sir Frank Nelson III, age 27, from Waterloo, Iowa, received the prison term after a May 18, 2022 guilty plea to being a felon in possession of a firearm.

In a plea agreement, Nelson admitted that on June 28, 2020, he was in possession of marijuana and a stolen Smith and Wesson M&P .40 caliber firearm with five rounds in the magazine and one in the chamber.  At sentencing, the court found that Nelson was a member of the A1/Front Street criminal street gang in Waterloo.  The court also stated that Nelson had no business touching a firearm as he was prohibited.

Nelson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Nelson was sentenced to 37 months’ imprisonment and fined $100.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Nelson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Liz Dupuich and was investigated by a Federal Task Force composed of the Waterloo Police Department’s Violent Crime Apprehension Team (VCAT), Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-cr-2024.

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A man who conspired to distribute methamphetamine and distributed methamphetamine pled guilty October 12, 2022, in federal court in Sioux City.

Jose Duenas-Topete, 29, from Hawarden, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.

At the plea hearing, Duenas-Topete admitted that from January 2020 and April 2, 2022, he and others in the conspiracy distributed at least 4.5 kilograms of pure methamphetamine in the Sioux City, Iowa area. On April 2, 2022, law enforcement conducted a controlled drug buy operation from defendant and his co-conspirators.  Duenas-Topete distributed over 3 kilograms of pure methamphetamine in exchange for $5,000.  Law enforcement conducted a traffic stop of the vehicle Duenas-Topete was a passenger and seized approximately one pound of methamphetamine near where defendant was sitting.  Duenas-Topete further admitted that he received four shipments, each containing 5-6 pounds of methamphetamine from sources in Mexico to distribute to persons in the Sioux City and Plymouth County, Iowa areas.    

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Duenas-Topete remains in custody of the United States Marshal pending sentencing.  On each conviction, Duenas-Topete faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.  

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.  

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4026. 

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A man who fled from police while in possession of a stolen and loaded gun and then, three weeks later, shot a different gun at the house of someone with whom he was angry, was sentenced today to more than eight years in federal prison.

Ivan Luckett Clay Jr., age 22, from Waterloo, Iowa, received the prison term after a May 2, 2022 guilty plea to carrying a firearm during and in relation to a drug-trafficking crime and being a felon in possession of a firearm.  Clay has a prior felony conviction for possessing marijuana with the intent to deliver it.

Evidence at the sentencing hearing demonstrated that, in April 2021, Clay possessed a stolen and loaded firearm, along with marijuana, in Waterloo.  He was driving a car through Waterloo, with the firearm and a pound of marijuana, when law enforcement stopped his car.  Clay fled from the police, crashed the car into a tree, and then continued to flee on foot until he was detained by officers.  Three weeks later, using a different gun, Clay shot five times at a home of someone with whom he was angry, to scare them.  Officers then searched Clay’s home and found the gun, over a pound of marijuana, and more than $4,000 in cash. 

Clay was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Clay was sentenced to 103 months’ imprisonment and must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Clay is being held in the United States Marshal’s custody until he can be transported to a federal prison.                    

The case was prosecuted by Special Assistant United States Attorney Devra Hake and Assistant United States Attorneys Lisa Williams and Kyndra Lundquist.  It was investigated by a Federal Task Force composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-2061.

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Two men who distributed large quantities of heroin laced with fentanyl and fentanyl analogues were sentenced this week to a total of more than six years in federal prison.

Jerry Dwyane Banghart, age 31, from Cedar Rapids, Iowa, received his prison term after an April 8, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.  Thomas Nathaniel May, age 27, from Seattle, Washington, received his prison term after a June 2, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.

Evidence at a prior hearing showed that, during an early 2021 wiretap investigation involving a large-scale heroin distributor in Cedar Rapids named Brian Dennis, May was identified as one of the top callers to Dennis’s phone, and Banghart was also identified as a regular caller to the phone.  May was typically purchasing at least 3.5 grams of heroin and upwards of 10.5 grams of heroin per day from Dennis and his associates, totaling well over 100 grams in a six-week period.  In April 2021, May was arrested after meeting with Dennis and found in possession of 7.39 grams of a substance containing heroin, fentanyl, and synthetic opioids acetyl fentanyl, parafluorofentanyl and metonitazene.  Information presented at sentencing showed that Banghart obtained over 50 grams of heroin from Dennis, including obtaining nearly 10.5 grams of a mixture containing heroin, fentanyl, and synthetic opioids acetyl fentanyl, parafluorofentanyl and metonitazene at one time, which Banghart then distributed to another member of the conspiracy.

Four other individuals, Cody Scott Deklotz, Andrew James Lehman, Ryan Rick Schlitter, and Melinda Salvatora Werning, previously pled guilty to the heroin conspiracy and have been sentenced.  Ryan Rick Schlitter was sentenced to 46 months’ imprisonment.  Andrew James Lehman was sentenced to 10 months and 16 days’ imprisonment.  Cody Scott Deklotz was sentenced to 84 months’ imprisonment.  Melinda Salvatora Werning was sentenced to 12 months’ and one day imprisonment.  Four other individuals charged in the same indictment, including Dennis, have pled guilty and are awaiting sentencing.

Banghart and May were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Banghart was sentenced to 46 months’ imprisonment and May was sentenced to 31 months’ imprisonment.  Each man must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Banghart and May are being held in the United States Marshal’s custody until they can be transported to a federal prison.

The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement and the Federal Bureau of Investigation.  The case was prosecuted by Assistant United States Attorney Dan Chatham

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21‑CR‑32‑CJW.

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A prohibited person who possessed a firearm was sentenced today to 30 months in federal prison.

Matthew Welcher, age 44, of Dundee, received the sentence after an April 19, 2022 guilty plea to one count of being a prohibited person in possession of a firearm.  At the plea hearing, Welcher admitted that, on May 24, 2021, he possessed a Savage Axis 6.5 Creedmoor caliber rifle after having been convicted of two felonies and a misdemeanor crime of domestic violence and while he was subject to a no contact order.

Welcher was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Welcher was sentenced to 30 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system. 

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Delaware County Sheriff’s Office, the Manchester Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 22-2011.

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A man who possessed a firearm as a felon was sentenced today to almost five years in federal prison.

Dorondis Cooper, age 36, from Waterloo, Iowa, received the prison term after an April 11, 2022, guilty plea to one count of possession of a firearm by a felon.

At the guilty plea, Cooper admitted that, on December 22, 2021, he knowingly possessed a firearm, a HiPoint Model C9, 9mm handgun, as a prohibited person.  On December 21, police officers responded to a residence in Waterloo regarding a report of a man with a gun.  Cooper had discharged a firearm in the upstairs of the house while intoxicated.  After hearing the gunshot, a resident of the house hid four minor children in a bathroom.  Cooper then argued with the resident, who was standing between Cooper and the bathroom, while Cooper waved the gun around.  Cooper drove off and was arrested when he returned to the house.  Waterloo Police officers found the loaded handgun on the front passenger seat of Cooper’s car.  Cooper was prohibited from possessing a firearm because he was previously convicted on May 23, 2005, of Ongoing Criminal Conduct and Intimidation with a Dangerous Weapon, both felonies.  In that case, Cooper and others shot into an occupied house in Waterloo, killing a woman within.

Cooper was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Cooper was sentenced to 57 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Cooper is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorneys Lisa C. Williams and Daniel C. Tvedt and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-2009.

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A Sioux City man who possessed child pornography was sentenced October 5, 2022, to 13 years in federal prison.  Mario Josue Reyes, age 22, received the prison term after a May 4, 2022, guilty plea to two counts of possession of child pornography.

In a plea agreement, Reyes admitted to possessing child pornography.  Reyes admitted to using a phone to video himself engaged in sexual conduct with a minor child who was 12 and 13 at the time of the incidents.  Reyes also admitted to giving the minor marijuana and LSD.  

Reyes was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Reyes was sentenced to 156 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Reyes is being held in the United States Marshal’s custody until he be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Ron Timmons and investigated by the Federal Bureau of Investigation. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4011.

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A woman who conspired to distribute methamphetamine pled guilty October 3, 2022, in federal court in Sioux City.

Heather Gibson, 42, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of distribution of methamphetamine within a protected location.

At the plea hearing, Gibson admitted that from December 2019 and December 2021, she and others were involved in a conspiracy that distributed methamphetamine in the Fort Dodge area. Evidence showed that on three separate occasions, Gibson distributed a total of 47.24 grams of pure methamphetamine to individuals cooperating with law enforcement.  Two of the controlled buys from Gibson occurred within 1000 feet of a protected location, namely Iowa Central Community College Transportation Technology Center in Fort Dodge, IA and Joe Heatherington Otho Fun Park, Otho, IA.  Also, on December 1, 2021, law enforcement conducted a traffic stop of a vehicle operated by Gibson and seized 3.5 grams of methamphetamine from her person.  

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Gibson was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Gibson faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $30,000,000 fine, and 8 years to life of supervised release following imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, Fort Dodge Police Department, and the Iowa DCI Laboratory. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-3038. 

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A man who possessed with intent to distribute methamphetamine pled guilty on October 3, 2022, in federal court in Sioux City.

Jeffery Linn, 54, from Cherokee, Iowa, was convicted of possession of methamphetamine with the intent to distribute.

At the plea hearing, Linn admitted that on December 6, 2021, law enforcement conducted a traffic stop of the vehicle he was operating.  During a search of the vehicle, law enforcement seized approximately 10 ounces of methamphetamine which Linn intended to help distribute to others.  Evidence also showed that during the traffic stop, Linn attempted to swallow the meth to avoid arrest.   

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Linn remains in custody of the United States Marshal pending sentencing.  Linn faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Iowa Division of Narcotics Enforcement, United States Postal Inspectors, Homeland Security Investigations, Iowa DCI Laboratory, and Cherokee Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4002. 

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A man who conspired to distribute methamphetamine was sentenced on September 30, 2022, in federal court in Sioux City.

On February 18, 2022, Armando Silva Reyes, 55, from Spencer, Iowa, pled guilty to one count of conspiracy to distribute methamphetamine and two counts of possession with intent to distribute methamphetamine.

At the plea and sentencing hearings, evidence showed that between January 2020 and February 2021, Silva Reyes and others were involved in a conspiracy to distribute pounds of methamphetamine in Northern Iowa.  On at least two separate occasions, Silva Reyes distributed more than a quarter pound of pure methamphetamine to individuals cooperating with law enforcement.  On February 3, 2021, defendant and others received approximately 3 pounds of methamphetamine utilizing the United States Postal Service at the Spencer post office. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Silva Reyes was sentenced to 235 months’ imprisonment and must serve a five-year term of supervised release following imprisonment.  There is no parole in the federal system.  Silva Reyes remains in custody of the United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Great Lakes Drug Task Force, United States Postal Inspection Service, Iowa Division of Narcotics Enforcement, Clay County Sheriff’s Office, Buena Vista County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Iowa DCI Laboratory. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4040.  Follow us on Twitter @USAO_NDIA.

The Justice Department announced the results of its efforts over the past year to protect older adults from fraud and exploitation. During the past year, the Department and its law enforcement partners tackled maters that ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims. Today, the Department also announced it is expanding its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas.

“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

“Those who target the elderly, stealing their money, their medication, and often their sense of safety, represent the most cowardly of criminals,” said United States Attorney Timothy T. Duax. “My office is dedicated to prosecuting such criminals, preventing them from harming others, and returning as much of the stolen money to the victims as possible.”

During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged.

This past year, the Northern District of Iowa has prosecuted the following individuals who have plead guilty to crimes targeting elderly victims:

1. In United States v. Carrie Martin, Martin pled guilty to stealing the identity of an individual who was the power of attorney for Martin’s relatives.  Using the stolen identity, Martin stole over $250,000 from her relatives.  Martin is currently pending sentencing.
2. In United States v. Kelsey Baxter, Baxter pled guilty to stealing pain pills from her victims in a nursing home.  Baxter was a nurse working in the nursing home and took pills that were intended for residents at the nursing home.  Baxter is pending sentencing.

The Department also highlighted three other efforts: expansion of the Transnational Elder Fraud Task Force, success in returning money to victims and efforts to combat grandparent scams.

The Department announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.

In the past year, the Department has notified over 550,000 people that they may be eligible for remission payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.  Over the past year, the Department pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and is urgently in need of money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.

Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833- FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. English, Spanish and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.  Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

A man who possessed a firearm as a felon was sentenced today to almost two years in federal prison.

Tremaine Laron Moore, Jr., age 22, from Dubuque, Iowa, received the prison term after an April 1, 2022, guilty plea to one count of possession of a firearm by a felon.

At the guilty plea, Moore admitted that, on December 4, 2021, he knowingly possessed a firearm, a Glock 43 9mm handgun, as a prohibited person.  Dubuque Police officers found the loaded firearm tucked between the passenger seat and center console of the car Moore was driving following a traffic stop.  Moore was prohibited from possessing a firearm because he was previously convicted on July 23, 2018, of Criminal Gang Participation, Conspiracy to Commit a Nonforcible Felony, and Burglary in the Third Degree, all felonies.  He was also prohibited from possessing a firearm because he was (1) an unlawful user of marijuana, and (2) subject to a court order restraining him from harassing, stalking, or threatening an intimate partner. 

Moore was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Moore was sentenced to 21 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Moore is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-1007.

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A man who possessed a firearm as a felon was sentenced today, to 7 years in federal prison.

Lasharbe Hardy, age 26, from Sioux City, Iowa, received the prison term after an April 29, 2022, guilty plea to one count of possession of a firearm by a felon.

Evidence in the case showed during a July 2021, traffic stop Hardy illegally possessed a loaded handgun, 22.5 grams of marijuana in several packages, a digital scale, and unused baggies.  Hardy attempted to flee from the traffic stop and attempted to strike an Iowa State Trooper.

Hardy has a history of violence.  He was previously convicted of felony willful injury for shooting two men, among other crimes.

Hardy was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 84 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term and pay a mandatory $100 special assessment.  There is no parole in the federal system.

Hardy is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was investigated by the Sioux City, Iowa Police Department, the Woodbury County Sheriff’s Office, and the Iowa State Patrol.  The case was prosecuted by Assistant United States Attorney Forde Fairchild 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-CR-4072.

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A man who violated the terms of his supervised release after imprisonment, was sentenced September 28, 2022, to more than 2 years in federal prison.

William Sun, 59, from Sioux City, Iowa, received the prison term after a hearing was held regarding his violations.

Evidence at the revocation hearing showed Sun had failed to report to U.S. Probation within 72 hours, traveled outside the jurisdiction without prior approval, failed to comply with substance abuse treatment, and failed to follow U.S. Probation instructions.  Sun was previously sentenced to federal prison in 2013, to 120 months’ imprisonment for conspiracy to distribute methamphetamine, distribution of methamphetamine within 1000 feet of a protected location, and distribution of methamphetamine.  Sun also had his first term of supervised release revoked in July of 2021, for similar violations, was sentenced to 11 months in federal prison and was only released shortly before his most recent violations and revocation.

Sun was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Sun was sentenced to 27 months’ imprisonment.  There is no parole in the federal system.  Sun is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the U.S. Probation Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 12-4061.  Follow us on Twitter @USAO_NDIA.

A man involved with the distribution and manufacture of methamphetamine who was also in illegal possession of a shotgun was sentenced September 29, 2022, in federal court in Sioux City, to 8 years’ imprisonment. 

Dustin Haynes, 38, from Onawa, Iowa, pled guilty on March 24, 2022, to possession with intent to distribute methamphetamine, manufacture and attempted manufacture of methamphetamine, and illegal possession of a firearm. 

At the plea and sentencing hearings, evidence showed that Haynes was previously convicted of the following crimes punishable by imprisonment for a term exceeding one year: Burglary, Third Degree; Assault while Participating in a Felony; and Possession of a Controlled Substance – 3rd Offense. Evidence further showed that on September 1, 2021, law enforcement attempted a traffic stop of the vehicle Haynes was operating.  Haynes attempted to flee from law enforcement agents by vehicle, then on foot, and during the pursuit, threw away three baggies of meth.  Officers seized components of a methamphetamine lab from Haynes’ vehicle and a shotgun from the trunk of the vehicle.  Law enforcement also seized two boxes of pseudoephedrine (used to make methamphetamine) and receipts showing the purchase of other pills within the last 30 days.  Haynes admitted he intended to manufacture and distribute methamphetamine. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Haynes was sentenced to 96 months’ imprisonment and must serve a four-year term of supervised release following imprisonment.  There is no parole in the federal system.  Haynes remains in the custody of the United States Marshal until he can be transported to a federal prison.  

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Iowa DCI Laboratory, Monona County Sheriff’s Department, and Iowa State Patrol. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4090. 

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CEDAR RAPIDS, IA – A former Iowa State Patrol trooper, Robert James Smith, age 58, pleaded guilty on Monday, September 26, 2022, to Deprivation of Rights Under Color of Law.

According to court documents, on September 25, 2017, while Smith was on patrol, he observed an individual traveling on Interstate 80 at a speed above the posted speed limit. Smith attempted to catch up to the motorcycle. The motorcyclist exited Interstate 80 in Cedar County, Iowa, stopped the motorcycle and dismounted. In his marked squad car, Smith exited behind the motorcycle, engaged the overhead lights and siren on his patrol vehicle, parked near and quickly approached the victim. As the victim was standing next to the motorcycle with hands in the air, Smith delivered an open palm strike to the victim’s chin area. The force of the strike caused the victim to fall back over the motorcycle, after which Smith knelt on and handcuffed the victim, then stood the victim up. In his plea agreement, Smith admitted that this intentional open hand palm strike was with a bad purpose or improper motive to disregard the law and was an unreasonable use of force.

In July 2022, this matter preceded to jury trial, but the jury was unable to reach a verdict.

Sentencing in this matter has not been scheduled. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.

United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Federal Bureau of Investigation is investigating this case.

Scott Pride, 69, from Tucson, AZ, was sentenced on September 27, 2022, to 5 years’ imprisonment, in federal court in Sioux City.

On May 5, 2022, Pride pled guilty to possession with intent to distribute cocaine.  Evidence at the plea and sentencing hearings showed that on January 16, 2022, law enforcement conducted a traffic stop of Pride for speeding in his 2011 Silver Lexus IS.  After suspecting possible drug trafficking, a police K-9 was deployed and alerted to the odor of a controlled substance within the vehicle.  Officers conducted a search of the vehicle and located five heat-sealed, brick-type packages containing over 5 kilograms of cocaine concealed within the rear seat of the vehicle. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Pride was sentenced to 5 years’ imprisonment and must serve a 4-year term of supervised release following imprisonment.  There is no parole in the federal system.  Pride remains in custody of the United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4006.  Follow us on Twitter @USAO_NDIA.

Two Iowa companies were sentenced in federal court on September 21, 2022.  Energae, LP, and I-Lenders, LLC, received the sentences after they each pled guilty to one count of wire fraud on December 1, 2020.

The companies’ admissions at the plea hearing, as well as evidence presented in other court proceedings, established that Darrell Smith was a broker and adviser for several investment firms.  He was also a responsible corporate officer of both companies.  From 2010 to 2015, Smith perpetuated a fraud scheme in which he made withdrawals of over $2.4 million in funds from ten of his investment clients’ accounts without those clients’ knowledge or authorization.  In some instances the clients discovered the fraud, but in other instances they did not learn of the theft because Smith would periodically send the clients checks from an account held in the name of the companies and on which Smith falsely represented was principal or interest on an investment.  Smith used the stolen funds to pay expenses related to the operation of Permeate Refining, LLC, which operated a now-defunct ethanol plant in Hopkinton, Iowa.  In order to transfer funds from client accounts, Smith used authorizations purportedly signed by the client authorizing the withdrawal of funds from the investment account.  He either forged his clients’ signatures on the authorizations or used pre-signed, blank authorization forms without the clients’ approval.

The companies were sentenced by United States District Court Chief Judge Leonard T. Strand.  Each company was sentenced to one year of probation and ordered to make $1,056,909.68 in restitution to ten victims.  The Court also imposed a $2,405,409.68 forfeiture money judgment upon each corporation.  The corporations surrendered over 57 million shares of stock in another company and abandoned certain tax credits the companies claimed to possess.

The sentencing of the companies follows the sentencing of Darrell Smith and his brother, David Smith, in recent years.  In 2018, Darrell Smith, of Forest City, Iowa, was sentenced to more than 14 years in federal prison upon his conviction of one count of wire fraud and one count of aggravated identity theft.  In 2019, David Smith, of Pocatello, Idaho, was sentenced to two months in federal prison after pleading guilty to one count of conspiracy to obstruct, influence, and impede an official proceeding. 

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation, the United States Postal Service Inspection Service, Internal Revenue Service-Criminal Investigation, and the United States Department of Agriculture, Office of Inspector General.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 20-CR-2007.

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A Sioux City man who took photographs while sexually abusing a minor pled guilty on September 22, 2022, in federal court in Sioux City.  Kenneth Miller, age 29, from Sioux City, Iowa was convicted of sexual exploitation of a minor.

In a plea agreement, Miller admitted that he sexually abused a seven-year-old child in their bedroom.  A search of Miller’s email address revealed 6 photographs of the minor child, taken by the defendant, while he was sexually abusing the child.  The defendant had previously been convicted of criminal attempt-visual depiction of sexually explicit conduct in Nebraska. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Miller remains in custody of the United States Marshal pending sentencing.  Miller faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of 50 years’ imprisonment, a $250,000 fine, and 5 years up to life of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Federal Bureau of Investigations and the Sioux City Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4052.

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A man who conspired to distribute methamphetamine was sentenced on September 23, 2022, in federal court in Sioux City.

Zackary Smith 35, from Pierson, Iowa, pled guilty on April 8, 2022, to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.

At the plea and sentencing hearings, the evidence showed that from August 2018 through April 18, 2019, Smith and others conspired to distribute more than 11 pounds of methamphetamine in the Cherokee County area.  In April 2019, law enforcement executed a search of a rural Cherokee County residence and seized about 1.5 pounds of pure methamphetamine at locations throughout the property.  Also, at the time of the search, Smith was found flushing about 10 ounces of methamphetamine down a toilet before officers could seize it.  Smith further admitted to traveling with other co-conspirators to Omaha, Nebraska to obtain pounds of methamphetamine to distribute in Northwest Iowa. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Smith was sentenced to 140 months’ imprisonment and must serve a five-year of supervised release following imprisonment.  There is no parole in the federal system.  Smith remains in the custody of the United States Marshal Service until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office as well as the Cherokee County Sheriff’s Department and the Iowa State Patrol.     

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4048. 

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A man who kidnapped his ex-girlfriend was sentenced today, to more than 10 years in federal prison.

Zachary Smith, 21, from Bronson, Iowa, received the prison term after a March 25, 2022, guilty plea to kidnapping.

Evidence in this case revealed that, before the instant offense, on May 11, 2021, Smith sent emails to his ex-girlfriend pretending to be his own father, advising her that Smith had committed suicide on May 8, 2021, and telling her to come to his former residence to claim some of her property.  The ex-girlfriend and another girl went to the residence, where Smith – armed with a BB gun -- was waiting for them.  He locked and chained the door shut and would not let either woman leave.  Law enforcement rescued the women, and a no contact order was issued against Smith. 

On June 3, 2021, Smith violated the order of protection, when he hid in the back seat of his ex-girlfriend’s car at about 5:00 a.m., and waited for her to come out of her South Sioux City home.  When she did, she was joined by a juvenile female.  Smith lay hidden in the car as the two women drove to a near-by school.  When the juvenile female left the car to join her athletic practice, Smith sprang on his ex-girlfriend.  He threatened her with a B.B. gun, drugged her with homemade chloroform, and kidnapped her, bringing her ultimately to a home in rural Bronson, Iowa.  Additionally, Smith told his victim that he had friends watching her family, and they would hurt her family if she resisted.  Ultimately, the victim escaped and fled. She flagged down a passing motorist who happened to be her aunt, who was in the area searching for her.

Smith was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Smith was sentenced to 121 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was investigated by the South Sioux City, Nebraska Police Department, the Sioux City, Iowa Police Department, the Woodbury County Sheriff’s Office, the Federal Bureau of Investigation, and Homeland Security Investigations. This case was prosecuted by Assistant United States Attorney Forde Fairchild. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4068. 

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Philips RS North America LLC, formerly known as Respironics, Inc. (“Respironics”), a nationwide manufacturer of sleep and respiratory durable medical equipment (“DME”), has agreed to pay $1,283,825.40 to settle allegations that it unlawfully induced referrals for its equipment in violation of the False Claims Act and Anti-Kickback Statute.

The government specifically alleged that, between December 2015 and December 2016, Respironics helped a DME supplier procure a twelve-month, interest-free loan that was fully guaranteed by Respironics. Under the arrangement, Respironics bore the full financial risk of non-collection on the loan in the event the DME supplier defaulted on the loan. The United States contended this arrangement violated the Anti-Kickback Statute and, in turn, the False Claims Act.

“Illegal kickbacks in our federal healthcare system create an unfair marketplace and the potential for medical decisions to be made based on financial incentive rather than what’s best for the patient,” said U.S. Attorney Timothy Duax. “Our office is committed to the full and fair enforcement of the Anti-Kickback Statute and False Claims Act.”

In addition to the civil settlement, Respironics entered into a five-year Corporate Integrity Agreement (CIA) with HHS-OIG. The CIA requires Respironics to implement and maintain a robust compliance program that includes, among other things, review of arrangements with referral sources and monitoring of Respironics’ sales force. The CIA also requires Respironics to retain an independent monitor, selected by the OIG, to assess the effectiveness of Respironics’ compliance systems.

This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreement, the whistleblower will share in the United States’ financial recovery.

The claims asserted against Respironics are allegations only; there was no determination or admission of liability.

The case was handled by Assistant United States Attorneys Jacob A. Schunk and Matthew K. Gillespie.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 17-cv-12-LTS-KEM.

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A man who illegally possessed a firearm was sentenced today to more than 3 years in federal prison.

David Thompson, 46, from Sioux City, Iowa, received the prison term after an April 21, 2022, guilty plea to being a prohibited person in possession of a firearm. Thompson was previously convicted of the following felonies: (1) furnishing a controlled substance to an Inmate on March 19, 2010; (2) forgery on March 19, 2010; and (3) domestic abuse assault on January 19, 2020, all in the Woodbury County, Iowa District Court.  Each of these convictions prohibit Thompson from lawfully possessing a gun.  Additionally, Thompson had been convicted of a domestic abuse misdemeanor, and admitted to being an illegal user of drugs.  Both of these facts also prohibited Thompson from lawfully possessing a gun.  

Evidence in this case showed that on December 31, 2021, Thompson was drinking alcohol, smoking marijuana, and was upset. During an argument, Thompson went outside to the front yard of the residence and fired a pistol into the sky 11 times while in a crowded urban area.  Family members, including five juveniles were present inside the residence.  Thompson admitted the firearm was his, that he was a felon, and that he was using controlled substances, mainly marijuana.

Thompson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Thompson was sentenced to 42 months’ imprisonment and must pay a special assessment of $100.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Thompson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the Sioux City, Iowa Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  The case was prosecuted by Assistant United States Attorney Forde Fairchild. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4013.  Follow us on Twitter @USAO_NDIA.

Clinton Kreykes, 40, from Sheldon, Iowa, was sentenced on September 21, 2022, to two years in federal prison for illegal possession of a firearm by a prohibited person.

On March 23, 2022, Kreykes pled guilty to possession of a firearm by a prohibited person.  At the plea and sentencing hearings, evidence showed that Kreykes was previously convicted of a felony offense, Burglary–3rd degree, and was a methamphetamine user.  Both prohibit a person from legally possessing a gun.  Evidence showed that on September 16, 2021, as part of Kreykes’ Iowa probation conditions, a compliance check was conducted at Kreykes’ camper in Sibley, Iowa.  The probation officer located drug paraphernalia, and Kreykes was arrested.  A search warrant was then issued and executed on the camper where law enforcement located loose prescription pills, a small baggy of methamphetamine, a Mossberg 20-gauge shotgun, shotgun shells, and additional items related to drug use.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Kreykes was sentenced to 24 months’ imprisonment and must serve a three-year term of supervised release following imprisonment.  There is no parole in the federal system. Kreykes remains in custody of the United States Marshal until he can be transported to a federal prison. 

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Osceola County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4078.  Follow us on Twitter @USAO_NDIA.

A Rockford, Iowa woman who received unemployment benefits in other people’s names, and laundered most of those funds through cryptocurrency transactions, was sentenced September 20, 2022, to more than a year in federal prison.

Stephanie Mendenhall, age 53, from Rockford, Iowa, received the prison term after a March 24, 2022, guilty plea to four counts of theft of government funds and one count of money laundering conspiracy.  At the plea hearing, Mendenhall admitted to facilitating false claims for unemployment insurance benefits, which were intended for those in need due to the COVID-19 pandemic, in the names of other people and allowing those funds to be deposited into bank accounts she owned or controlled.  Mendenhall received fraudulent unemployment benefits paid through the states of Maine, Michigan, Washington, Arizona, Colorado, Texas, Kansas, and Illinois, including benefits related to COVID-19 relief funds, to which she was not entitled.  Mendenhall received at least $35,985 in false unemployment benefits.  Mendenhall spent some of the money on herself, but laundered the majority of it by purchasing cryptocurrency and sending it to a co-conspirator.  After being indicted in this case, while on pretrial release, Mendenhall attempted to deposit counterfeit checks into other bank accounts she owned. 

Mendenhall was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Mendenhall was sentenced to 15 months’ imprisonment.  She was also ordered to make $46,378.31 in restitution to the states of Maine, Michigan, Washington, Arizona, Colorado, Texas, Kansas, and Illinois.  She must also serve a 2-year term of supervised release after the prison term.  There is no parole in the federal system.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Mendenhall is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorneys Ron Timmons and Tim Vavricek and was investigated by the Federal Bureau of Investigation and the Department of Labor’s Office of Inspector General.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-3028.

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Daniel Trevino, 46, formerly from Primghar, Iowa, was sentenced on September 16, 2022, to 10 years’ in federal prison.

Trevino pled guilty on February 5, 2022, to conspiracy to distribute methamphetamine.  Evidence at the plea and sentencing hearings showed that from December 2020 through April 2021, Trevino and others were involved in a conspiracy to distribute over 500 grams of methamphetamine.  On April 24, 2021, Trevino was traffic stopped by law enforcement.  After showing signs of impairment, law enforcement received permission to search a bag located next to Trevino.  Inside the bag, law enforcement discovered a scale, cell phones, and other drug paraphernalia.  When the vehicle was being secured to be towed, a black magnetic box fell from the steering column which later was found to contain approximately a quarter pound of methamphetamine.  Trevino had just picked up the methamphetamine from his source in Colorado. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Trevino was sentenced to 10 years’ imprisonment and must serve a 5-yeear term of supervised release following imprisonment.  There is no parole in the federal system.  Trevino remains in custody of the United States Marshal until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by O’Brien County Sheriff’s Office and Iowa DCI Laboratory. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4076. 

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A man who distributed heroin and fentanyl in Dubuque, Iowa, plead guilty in federal court on September 14, 2022.

Deandre P. Davis, age 32, formerly of Dubuque, Iowa, was convicted of conspiracy to distribute heroin and fentanyl and distribution of heroin and fentanyl within 1,000 feet of Hilltop Park in Dubuque, Iowa.

At his plea hearing, Davis admitted to engaging in a drug-related conspiracy to distribute heroin and fentanyl.  In the fall of 2020, Davis coordinated with another person and personally distributed heroin and fentanyl throughout the city of Dubuque, including near a park.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Davis remains in custody of the United States Marshal pending sentencing.  Davis faces a possible maximum sentence of 60 years’ imprisonment, a fine of not more than $4 million, and up to six years of supervised release following any term of imprisonment.

This case was investigated by the Dubuque Drug Task Force and is being prosecuted by Assistant United States Attorney Jason D. Norwood.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 21-CR-1033-CJW.

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A Cedar Rapids man who possessed a firearm and twice operated a vehicle while intoxicated was sentenced today to more than one year in federal prison.

Terrail Dixon, age 40, from Cedar Rapids, Iowa, received the prison term after violating terms of his supervised release.  At a supervised release revocation hearing, Dixon admitted that on August 29, 2022, he possessed a Raven Arms MP-25 firearm.  In addition, on two occasions, he operated a vehicle while intoxicated.

In 2017, Dixon was convicted of possessing firearms as a felon and then sentenced to federal prison for 57 months, to be followed by three years of supervised release.  He had previously been convicted of possessing a firearm as a felon, a drug conspiracy felony, driving under the influence, and domestic abuse assault causing bodily injury. 

Dixon was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Dixon was sentenced to 18 months’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.  Dixon remains in the United States Marshal’s custody until he can be transported to a federal prison.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The case was prosecuted by Special Assistant United States Attorney Devra T. Hake and investigated by the United States Probation Office and the Hiawatha Police Department.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-CR-22.

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A man who was arrested in Los Angeles while trying to transport five pounds of methamphetamine to Iowa pled guilty today in federal court in Cedar Rapids.

Kiyonte Levell Sowell, age 21, from Los Angeles, California, was convicted of one count of conspiracy to distribute a controlled substance.

Information discussed at the plea hearing showed that in early 2022, the Drug Enforcement Administration was conducting a wiretap investigation into a methamphetamine distribution organization in Cedar Rapids.  On February 28, 2022, Sowell went to the Los Angeles International Airport with the intention of boarding a flight to Cedar Rapids, Iowa.  Sowell brought a large roller bag and attempted to take the bag through security as his carry-on luggage.  Airport security eventually searched the bag, found that it contained approximately 2,211 grams of methamphetamine, and arrested Sowell.  At the plea hearing, Sowell admitted he conspired with others in the Northern District of Iowa to distribute methamphetamine. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Sowell remains in custody of the United States Marshal pending sentencing.  Sowell faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and a lifetime of supervised release following any imprisonment.

The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the DEA Task Force in Cedar Rapids and the Federal Bureau of Investigation.  The DEA Task Force in Cedar Rapids consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.  The case is being prosecuted by Assistant United States Attorney Dan Chatham.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 22‑CR‑39‑CJW‑MAR‑10.

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A woman who distributed heroin and fentanyl in Dubuque, Iowa, was sentenced today to 18 months in prison in federal court in Cedar Rapids, Iowa.

Nicole L. Jarvis, age 35, formerly of Dubuque, Iowa, received the sentence after pleading guilty to conspiracy to distribute heroin and fentanyl and distribution of heroin and fentanyl within 1,000 feet of a protected location.

In a plea agreement, Jarvis admitted to engaging in a drug-related conspiracy to distribute heroin and fentanyl on at least five occasions in Dubuque.  Jarvis served as the connecting source and not the supplier.  In the fall of 2020, Jarvis utilized Facebook messenger and other communications devices to set up the transactions.  Jarvis later distributed heroin and fentanyl near Loras College and Madison Park.

Sentencing was held before United States District Court Judge C.J. Williams.  Jarvis was sentenced to serve 18 months’ imprisonment and must serve a six-year term of supervised release following her term of incarceration.  There is no parole in the federal system.  Jarvis remains in the custody of the United States Marshal until she can be transported to federal prison.

This case was investigated by the Dubuque Drug Task Force and was prosecuted by Assistant United States Attorney Jason D. Norwood.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 21-CR-1033-CJW.

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A man who sold K2 from a smoke shop in Cedar Rapids, Iowa, and who fled the country in 2014 after being charged with federal drug crimes was convicted by a jury on September 12, 2022, after a four-day trial in federal court in Cedar Rapids.

Mohammad Al Sharairei, age 47, previously from Cedar Rapids, Iowa, was convicted of one count of maintaining a premises for the distribution of controlled substance analogues and one count of conspiring to distribute controlled substance analogues.  The verdict was returned yesterday afternoon following about five hours of jury deliberations.

The evidence at trial showed that in 2012 and 2013, Al Sharairei and his wife owned and operated a smoke shop on First Avenue in Cedar Rapids called Puff N Stuff II.  During June 2013, federal agents raided Puff N Stuff II and seized thousands of packets of K2 which were labeled as “novelty items,” “potpourri,” and “incense” and contained a warning that the products were “not for human consumption.”  Some names of the “potpourri” products were Bizarro, Grave Digger, Lights Out, and Mega Kush.  The substances in the packages were determined to contain synthetic cannabinoids called PB‑22 and 5F‑PB‑22.  Trial evidence showed that these synthetic cannabinoid substances are far more potent than marijuana and have been associated with severe psychological and physical effects, including death.  Trial evidence showed that, despite labeling the products as “not for human consumption” and having a store policy that customers could not talk about smoking the products, Al Sharairei himself smoked the “incense.” 

Seized store records from Puff N Stuff II showed that between January 2012 and June 26, 2013, the store had sold over $1.3 million in synthetic cannabinoid products.  Trial evidence also showed that after Al Sharairei was charged and appeared in federal court, he fled the country in 2014 prior to a scheduled hearing.  He remained a fugitive until he was extradited back to the United States from Brazil.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Al Sharairei remains in custody of the United States Marshal pending sentencing.  Al Sharairei faces a possible maximum sentence of 40 years’ imprisonment, a $1,500,000 fine, and up to a lifetime of supervised release following any imprisonment.  He also faces up to $425,000 in forfeiture of proceeds of his drug operation.

The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force, the Internal Revenue Service, and the Department of Homeland Security, Homeland Security Investigations.  The DEA Task Force consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.  The Justice Department’s Office of International Affairs worked with law enforcement partners in Brazil to secure the arrest and extradition of Mohammad Al Sharairei to the United States.  The case is being prosecuted by Assistant United States Attorney Dan Chatham and Special Assistant United States Attorney Adam Vander Stoep. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 14‑CR‑63‑LTS‑MAR.

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A man who conspired to distribute methamphetamine pleaded guilty on September 13, 2022, in federal court in Sioux City.

Dustin Coates, 36, from Cherokee, Iowa, was convicted of conspiracy to distribute methamphetamine.  In 2013, Coates was previously convicted of distribution of a controlled substance in the United States District Court for South Dakota.

At the plea hearing, Coates admitted his involvement in a conspiracy that distributed at least 150 grams of pure methamphetamine from March 2021, through March 8, 2022. On March 8, 2022, law enforcement conducted a traffic stop of the vehicle Coates was driving.  Coates threw two baggies of methamphetamine from his person while attempting to flee the traffic stop on foot.  Coates admitted at the hearing that he planned to distribute the 60+ grams of methamphetamine to other persons.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Coates remains in custody of the United States Marshal pending sentencing.  Due to his prior conviction for distribution of controlled substances, Coates faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Kraig R. Hamit and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4027.  Follow us on Twitter @USAO_NDIA.

A man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.

Santos Lara-Figueroa, age 43, a citizen of Honduras illegally present in the United States and residing in Hiawatha, Iowa, received the prison term today after a guilty plea on July 20, 2022, to one count of illegal reentry into the United States after having been deported.

At the guilty plea, Lara-Figueroa admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Lara-Figueroa, falsely claiming to be a Mexican citizen, was removed to Mexico by immigration officials in July 2006.  One month later in August 2006, he illegally reentered the United States by crossing the border on foot into Texas.  Lara-Figueroa was deported to Honduras from Virginia in January 2011.  On February 22, 2022, immigration officials learned Lara-Figueroa had illegally returned to the United States and found Lara-Figueroa at the Linn County Jail following his arrest on state charges.

Lara-Figueroa was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Lara-Figueroa was sentenced to 92 days’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Lara-Figueroa is being held in the United States Marshal’s custody until he can be turned over to immigration officials.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-52.

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Alicia Loraine Robinson, 36, from Sioux City, Iowa, pled guilty September 6, 2022, in federal court in Sioux City.  Robinson was convicted of possession with intent to distribute methamphetamine and being a prohibited person in possession of firearms.

Evidence at the plea hearing showed that on December 30, 2021, in Sioux City, Iowa, law enforcement conducted a traffic stop of a vehicle Robinson was driving.  Law enforcement smelled marijuana emanating from the car and noted Robinson was clutching her purse tightly on her lap.  Robinson admitted she smoked marijuana in the car and that she was suspended from driving.  A search of the car found drug paraphernalia and a .380 firearm in Robinson’s purse.  Law enforcement then searched Robinson’s home and found a 12-gauge shotgun, over 50 grams methamphetamine, marijuana, and other distribution-related items.  On July 6, 2021, law enforcement executed a search warrant at another home associated with drug distribution.  Amongst other illicit items, law enforcement found a Glock .40 handgun that had been owned by Robinson.  Robinson admitted to possessing the firearms and being a user of marijuana and methamphetamine.  A person that uses controlled substances is prohibited from possessing firearms.   

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Robinson remains in custody of the United States Marshal pending sentencing.  On the drug conviction, Robinson faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least four years of supervised release following any imprisonment.  On the firearm conviction, Robinson faces a maximum possible sentence of 10 years’ imprisonment, a $250,000 fine, and not more than three years of supervised release.

The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.  

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4010.  Follow us on Twitter @USAO_NDIA.

A man who possessed a loaded firearm while on supervised release was sentenced today to more than one year in federal prison.

Jamie Valentine. age 56, from Dubuque, Iowa, received the prison term after a March 1, 2022 guilty plea to being a felon in possession of a firearm.

At the guilty plea, Valentine admitted that on or about December 12, 2021, he possessed a High Standard Sport King .22 caliber pistol while prohibited due to being previously convicted of attempted enticement of a minor to engage in illicit sexual activity in 2009.  At sentencing, the evidence showed that the United States Probation Office conducted an unannounced home visit and found a fully loaded .22 caliber pistol in Valentine’s nightstand.

Valentine was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Valentine was sentenced to 15 months’ imprisonment and fined $100.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Valentine is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the United States Marshals Service, the United States Probation Office, and the Dubuque Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-cr-1003.

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The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Iowa announced today a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa, to address the discriminatory use of seclusion and restraint against students with disabilities.

The department’s investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities as early as kindergarten in violation of Title II of the Americans with Disabilities Act (ADA). The department concluded that instead of meeting the needs of students with disabilities that affect their behavior, the school district subdued them through unnecessary restraints and improper confinement alone in small seclusion rooms, sometimes multiple times in one day and often for excessive periods of time. As a result of these practices, some students lost hundreds of hours of instructional time. The investigation also found that the school district did not end seclusion where students showed signs of crisis or trauma, or when there was no longer any threat of harm. Under the settlement agreement, the Cedar Rapids Community School District has voluntarily agreed to end the use of seclusion, reform its restraint practices, and improve its staff training on anticipating, appropriately addressing and de-escalating students’ disability-related behavior through appropriate behavioral interventions.

“Students with disabilities should not be subjected to discriminatory and abusive seclusion and restraint practices that deny them equal access to education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When schools isolate and unlawfully restrain children with disabilities, rather than provide them with the supports needed for success in the classroom, they violate the promise of the Americans with Disabilities Act. Our agreement puts the Cedar Rapids Community School District on a path to significant institutional change and reform. We will continue working to ensure that school districts across the country are taking all steps needed to provide every student access to a safe and supportive learning environment.”

“Each and every child deserves an equal opportunity to learn and thrive,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. I am heartened by the district’s commitment to this landmark agreement, which will undoubtedly improve the education and everyday lives of many students in our community.” 

The school district fully cooperated throughout the investigation. Under the settlement agreement, the school district will implement reforms needed to ensure that its practices do not discriminate against students with disabilities. The district will, among other steps:

•          End its use of seclusion;

•          Limit its use of restraints, revise its restraint procedures and practices, and consistently implement those procedures and practices in all schools;

•          Report all instances of restraint and evaluate if they were justified;

•          Offer counseling and other services to students who are restrained;

•          Adopt policies and procedures to assess suicide risk, prevent suicide and self-harm, and implement immediate crisis intervention for students who threaten or engage in self-harm;

•          Designate trained staff to collect and analyze restraint data and oversee the creation of appropriate behavior intervention plans;

•          Deliver appropriate training and resources to help schools implement the agreement; and

•          Hire two new administrators to oversee schools’ use of restraint, if any, and ensure the district’s compliance with the agreement and Title II of the ADA.

Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement, obtained jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office for the Northern District of Iowa, is the most recent in a series of Civil Rights Division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. In December 2021, for example, the division reached an agreement with the Frederick County Public School District in Maryland, in which the school district agreed to prohibit the use of seclusion in district schools and take proactive steps to ensure that its practices do not discriminate against students with disabilities. In December 2020, the division reached a similar agreement  with the North Gibson School Corporation in Indiana.  These and other matters build on the department’s steadfast commitment to ensuring educational equity and protection of students with disabilities.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at https://www.justice.gov/crt/educational-opportunities-section. To learn more about the Section’s work under the ADA to combat improper seclusion in schools, visit this website: https://www.justice.gov/schoolseclusion.

Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.  

View the letter summarizing the investigation findings here. View the agreement here. View a plain language summary of the agreement here.

Tyler Maus, age 29, of Marion, Iowa, has been charged with being a felon in possession of firearms.  The charge is contained in an Indictment unsealed on August 29, 2022, in United States District Court in Cedar Rapids. 

The Indictment alleges that, in December 2021, Maus possessed four pistols after having been convicted of four felonies.

If convicted, Maus faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years on supervised release following any imprisonment.

Maus appeared for a detention hearing on September 1 and September 8, 2022, in federal court in Cedar Rapids and was released on bond.  Maus’s next appearance for trial is set for October 31, 2022.

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Hiawatha Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Marion Police Department, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is CR 22-49.

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A man who fled from a traffic stop and possessed a firearm two days after shooting a female victim in the face was sentenced today to more than eight years in federal prison.

Larenzo Burnett, age 22, from Battle Creek, Michigan, received the prison term after a January 5, 2022 guilty plea to being a felon and drug user in possession of a firearm.

At the guilty plea, Burnett admitted that on December 24, 2020, he possessed a Taurus 9mm pistol.  He was prohibited due to being an unlawful user of marijuana and because he was previously convicted of intimidation with a dangerous weapon in 2020.  At sentencing, evidence showed that Burnett also attempted to obstruct justice by attempting to influence a witness.

Burnett was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Burnett was sentenced to 99 months’ imprisonment and fourteen days and fined $100.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Burnett is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-cr-57.

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Chad Moyle, 37, from Sioux City, Iowa, pleaded guilty to possessing child pornography.  Moyle pled guilty on September 7, 2022, in federal court in Sioux City.

At the plea hearing, Moyle admitted to possessing over 600 images of child pornography from December 2018 through February 2019. Moyle utilized a smart phone to receive and review the images depicting minors engaged in sexually explicit conduct, including depictions involving prepubescent minors or minors who had not attained 12 years of age.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Moyle remains in custody of the United States Marshal pending sentencing.  Moyle faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and at least 5 years of supervised release following any imprisonment.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

The case is being prosecuted by Assistant United States Attorney Kraig R. Hamit and was investigated by the Federal Bureau of Investigations. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4021.  Follow us on Twitter @USAO_NDIA.

Dr. Ronald Bergman and his medical practice, Bergman Cosmetic Surgery, P.C., of Des Moines, Iowa, have agreed to pay $800,000 to the United States and the State of Iowa to resolve allegations that Bergman wrongfully billed Medicare and Medicaid for services rendered by others and billed Medicare for medically unnecessary and unreasonable applications of skin substitute products.

Specifically, the government alleged that from 2013 to 2020, Bergman submitted inappropriate claims for payment to government healthcare programs in three ways. First, the government alleged that Bergman submitted claims to Medicare and Medicaid in his own name when, in fact, the services were rendered by auxiliary personnel, and when there was insufficient physician involvement for the claims to be billed in Bergman’s name. Second, the government alleged that Bergman submitted claims to Medicare and Medicaid in his own name when, in fact, the services were rendered by medical fellows without Bergman, as the teaching physician, being physically present. Third, the government alleged that Bergman submitted claims to Medicare for medically unnecessary and unreasonable applications of skin substitute products.

“Our federal healthcare system depends on accurate and honest billing by medical providers,” said United States Attorney Timothy T. Duax. “We are committed to ensuring that physicians and other providers are held to account for inappropriate billing practices.”

“We expect health care providers who serve Medicare and Medicaid beneficiaries to refrain from harming the integrity of the programs on which their patients rely. Billing in any fashion that results in overpayment from the programs threatens that integrity,” said Special Agent in Charge Curt L. Muller with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).

“In coordination with fellow law enforcement agencies, HHS-OIG ceaselessly works to examine allegations involving inappropriate billing and HHS beneficiaries.”

This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreements, the whistleblower will share in the United States’ financial recovery.

The claims asserted against Bergman are allegations only; there was no determination or admission of liability.

This case was handled by Assistant United States Attorneys Melissa A. Carrington and Matthew K. Gillespie.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 19-cv-3050-CJW.

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