FEDERAL DISTRICT ARCHIVE
Northern District of Iowa
Press releases recorded for this federal judicial district.
Five People Plead Guilty to Participating in Fraud that Targeted Elderly Victims Throughout the United StatesRead the Press Release
Five people from the Dubuque, Iowa area who participated in a scheme to defraud victims across the United States have pled guilty in federal court in Cedar Rapids.
Tiffany Reynolds, age 32, Joshua Willis, age 21, Payton McCarville, age 23, Morgan Cornell, age 20, and Paul Chase, age 34, all pled guilty over the last week and each was convicted of one count of wire fraud.
At their plea hearings, all five individuals admitted participating in a scheme to defraud people throughout the United States and that the fraud was primarily targeted towards the elderly. They each admitted that other individuals called victims on the phone and told these victims that a relative was in jail. The caller would then ask the victims to wire money via Western Union or MoneyGram to get the relative released. Each defendant further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers and each admitted being one of the participants in and around Dubuque who received wire transfers from the victims.
Sentencing for each individual before United States District Court Judge Linda R. Reade will be set after presentence reports are prepared. Willis remains in custody of the United States Marshal pending sentencing. Reynolds, McCarville, Cornell, and Chase remain free on bond previously set. Each person faces a possible maximum sentence of 20 years’ imprisonment, a fine, and 3 years of supervised release following any imprisonment.
Five other people have previously pled guilty to their roles in the scheme. On March 2, 2017, Shawn Vaassen pled guilty and admitted that he too was picking up wire transfers sent to the Dubuque area by victims. At the same plea hearing, Vaassen also pled guilty to unlawfully possessing a sawed off shotgun. On May 9, 2017, Carlos Rodriguez pled guilty and admitted that he was also picking up wire transfers sent to the Dubuque area by victims. Michael and Stephanie Marcov, a married couple, each pled guilty to wire fraud on May 19, 2017, and admitted to picking up wire transfers sent by victims. On October 19, 2017, Tobey Hines pled guilty and admitted that he was also picking up wire transfers sent by victims.
The cases are being prosecuted by Assistant United States Attorneys Timothy Vavricek and Anthony Morfitt and were investigated by the Department of Homeland Security - Investigations and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-1001, 17-CR-1004, and 17-CR-1038.
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Orange City Man Pleads Guilty to Manufacturing Anabolic SteroidsRead the Press Release
A man who manufactured anabolic steroids pled guilty on November 20, 2017, in federal court in Sioux City.
James Nhan, 23, from Orange City, Iowa, was convicted of one count of manufacturing anabolic steroids, which are Schedule III controlled substances.
In a plea agreement, Nhan admitted that, from late 2014 until December 15, 2015, he manufactured anabolic steroids and intended to distribute some of the steroids to various customers. In December 2015, law enforcement executed a search warrant on Nhan’s residence and seized numerous vials containing anabolic steroids, as well as laboratory equipment, packing material, labels, and sheets of papers listing the names and addresses of individuals who had purchased or intended to purchase anabolic steroids.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Nhan remains free on bond pending sentencing. Nhan faces a possible maximum sentence of 10 years’ imprisonment, a $500,000 fine, $100 in special assessments, and at least 2 years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Ajay Alexander and was investigated by the Federal Bureau of Investigations, Drug Enforcement Administration, Iowa Division of Criminal Investigations, Sioux County Sheriff’s Office, Orange City Police Department, Sioux County Attorney’s Office, Department of Homeland Security, Nebraska State Patrol, and Food Drug Administration – Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4050-LTS.
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Kenyan Man Convicted of Illegally Possessing a FirearmRead the Press Release
Kevin Oscar Naholi, age 40, a Kenyan citizen previously residing in southwest Cedar Rapids, Iowa, was convicted by a federal jury today, following a one day trial, on one count of possessing a firearm as an alien unlawfully in the United States and after having been previously convicted of a misdemeanor crime of domestic violence.
Evidence presented at trial showed that at about 6:00 pm on Saturday evening, August 26, 2017, Naholi was outside his residence and pointed a .22 caliber Winchester rifle at a neighbor and her two small children who were returning home from dinner at a nearby restaurant. The neighbor and her children ran to a nearby house where she called 9-1-1. By the time police responded, Naholi had retreated into his residence and an eleven-hour standoff ensued. Cedar Rapids Police attempted to negotiate with Napoli during that time but he refused to come out of the residence. At about 4:30 a.m. on August 27, 2017, a special response unit of the Cedar Rapids Police Department safely entered the residence and took Naholi into custody. Police seized the .22 caliber rifle from a bedroom in the residence
The complaint originally filed in the case alleged that Naholi entered the United States from Kenya in 2003 on a student visa. However, when Naholi failed to register for classes as required by the visa, the visa was revoked in 2004. Naholi subsequently sought unsuccessfully to gain lawful status in the United States.
Naholi faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment. Naholi will also likely be deported from the United States.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-00070- LRR.
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Fort Dodge Man to Federal Prison for Firearm ConvictionRead the Press Release
A man who illegal possessed firearms was sentenced November 9, 2017, to more than 8 years in federal prison.
Johnathan Edward Meier, 34, from Fort Dodge, Iowa received the prison term after a June 6, 2017, guilty plea to being a felon in possession of firearms.
At the plea hearing, Meier admitted that on February 14, 2016, he possessed two firearms, namely a Harrington & Richardson .38 caliber pistol and a Hi-Point 9mm pistol. Meier also admitted that at the time he also possessed 30 grams of marijuana, and drug use and distribution paraphernalia. Meier was previously convicted of four separate state criminal offenses, punishable by more than one year, namely: (1) Burglary in the Third Degree and Trafficking in Stolen Weapons in the Iowa District Court for Pocahontas County on or about March 4, 2003; (2) Burglary in the Third Degree, on or about November 16, 2009, in the Iowa District Court for Emmet County; (3) Sale or Transport of a Controlled Substance, on or about June 6, 2013, in the Superior Court of California, Orange County; and (4) Possession of Marijuana, more than one pound, on or about September 22, 2014, in Nebraska District Court for York County.
Meier was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Meier was sentenced to 103 months’ imprisonment. 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. Meier is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Fort Dodge Police Department 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 16-3013. Follow us on Twitter @USAO_NDIA.
Fort Dodge Man Sentenced to Two Years in Prison for Violating Federal Supervised ReleaseRead the Press Release
A man who failed to comply with conditions of federal supervised release was sentenced November 14, 2017, to two years in federal prison.
Sterling Lee Clark, 27, from Fort Dodge, Iowa, was originally sentenced in federal district court for the Northern District of Iowa, on April 9, 2012, to 57 months’ in prison for possession of a firearm by a felon. Clark was released on three years’ of federal supervised release on June 10, 2016. At his revocation hearing, Clark admitted violations which included four separate deliveries of cocaine in August/September 2016, to which he pled guilty in Webster County, Iowa District Court and for which he was sentenced to 10 years’ in state prison in November 2016. Clark was released on state parole in October 2017, and transferred to federal custody for disposition of his federal supervised release violations.
On November 14, 2017, The Honorable Mark W. Bennett, federal district court judge, revoked Clark’s federal supervised release and sentenced Clark to 24 months’ imprisonment with an additional 12 months’ of supervised release to follow his term of imprisonment. Clark 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 U.S. Probation Office, Fort Dodge Police Department, Webster County Sheriff’s Office and Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 11-3034.
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Former Bank Employee Sentenced to Federal Prison for Embezzling Nearly $300,000Read the Press Release
A woman who embezzled bank funds was sentenced November 14, 2017, to six months of incarceration.
Cindy Harris, 51, currently from Missoula, Montana, received the prison term after a June 22, 2017, guilty plea to one count of bank theft, embezzlement and misapplication of funds.
At the guilty plea, Harris admitted that from about 2002 and continuing through about July 2013, when she was an employee of the Emmet County State Bank, she willfully embezzled approximately $299,327.50, in cash and coin from the bank vault without the permission of the bank and with the intent to defraud the bank.
Harris was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Harris was sentenced to three months in federal prison, to be followed by three months of electronically monitored home confinement. A special assessment of $100 was imposed, and she was ordered to make restitution in the amount of, $299,327. Harris must also serve a four-year term of supervised release after the prison term.
The case was investigated by the Federal Bureau of Investigation, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-3022. Follow us on Twitter @USAO_NDIA.
Illegal Alien from Mexico Sentenced to Prison after Returning to the United States Following Four DeportationsRead the Press Release
A Mexican man who had previously been deported four times was sentenced on November 9, 2017, to five months in federal prison.
Eliceo Tecpile-Tzompaxtle, age 35, a native and citizen of Mexico illegally residing in New Vienna, Iowa, received the prison term after a September 19, 2017, guilty plea to misuse of a Social Security Number and illegal reentry of a removed alien.
Tecpile-Tzompaxtle admitted he illegally reentered the United States without permission after having been deported from the United States in 2002, 2007, and twice in 2008. Tecpile-Tzompaxtle also admitted that after illegally returning to the United States, he used a fraudulent Social Security Number when he completed state and federal tax forms in December 2014 at a company in New Vienna, Iowa, where he unlawfully worked.
Tecpile-Tzompaxtle was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Tecpile-Tzompaxtle was sentenced to five 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.
Tecpile-Tzompaxtle 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 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 17-Cr-2063.
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Dubuque Man Sentenced to over Three Years’ Imprisonment for Unlawfully Possessing FirearmRead the Press Release
A man who shot his brother-in-law was sentenced yesterday to over three years in federal prison.
David M. Caldwell, age 27, from Chicago, Illinois, received the prison term after a July 6, 2017, guilty plea to possession of a firearm by a drug user.
In a plea agreement, Caldwell admitted that he traveled with his brother-in-law from Chicago to a party in Dubuque, Iowa, on February 2, 2017. Caldwell brought marijuana and ecstasy pills to the party. Early the next morning, Caldwell’s brother-in-law attempted to stop an intoxicated Caldwell from driving home, causing a fight. Caldwell retrieved a revolver from his car, shot his brother-in-law through the left thigh, and drove away. Police officers stopped Caldwell in Elizabeth, Illinois, where they found the revolver hidden under a fuse panel in his car.
Caldwell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. At the sentencing hearing, Judge Reade noted the extreme dangerousness of Caldwell’s actions. Caldwell was sentenced to 37 months’ imprisonment and a special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Caldwell 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 Drew O. Inman and investigated by the Dubuque Police Department, the Jo Daviess County Sheriff’s Office, and the 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 17-CR-1016-LRR.
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Two Illegal Aliens Sentenced to Prison for Selling Identification Documents and Aggravated Identity TheftRead the Press Release
Two illegal aliens who sold real identification documents belonging to United States citizens were each sentenced November 8, 2017, to over three and one-half years in federal prison.
Ari Hernandez-Chacon, age 47, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, received the prison term after a June 22, 2017 guilty plea to one count of possession with intent to transfer identification documents and one count of aggravated identity theft. In a plea agreement, Hernandez-Chacon admitted that on February 25, 2016, he sold three real Social Security cards and three real birth certificates to an undercover agent, knowing that the documents belonged to United States citizens. Hernandez-Chacon admitted that the identities sold were real and had no arrest records to avoid problems for the person using the stolen identities.
Magali Marroquin-Garcia, age 38, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, received the prison term after a June 22, 2017 guilty plea one count of possession with intent to transfer identification documents and one count of aggravated identity theft. In a plea agreement, Marroquin-Garcia admitted that on May 12, 2016, she sold three real Social Security cards and three real birth certificates to an undercover agent, knowing that the documents belonged to United States citizens.
Hernandez-Chacon and Marroquin-Garcia were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.
Hernandez-Chacon was sentenced to 43 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a three-year term of supervised release after the prison term.
Marroquin-Garcia was sentenced to 43 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Chacon and Marroquin-Garcia 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 Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-10.
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Cedar Rapids Man Sentenced to over 17 Years in Federal Prison for Distribution of Child PornographyRead the Press Release
A man who distributed child pornography was sentenced today to over 17 years in federal prison.
Scott Ristine, age 40, from Cedar Rapids, Iowa, received the sentence after a July 14, 2017 guilty plea to one count of distribution of child pornography. At the plea hearing, Ristine admitted that, in 2015, he knowingly distributed child pornography. He also admitted that he was convicted of receipt of child pornography in the Northern District of Iowa in 2002.
Ristine was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Ristine was sentenced to 210 months’ imprisonment. A special assessment of $100 was imposed, and Ristine must also serve a 10-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department and the Iowa Division of Criminal Investigation.
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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-37.
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Three Cuban Nationals Convicted of Credit Card Fraud and Identity TheftRead the Press Release
Three Cuban nationals who traveled across Iowa while using stolen identities and credit and debit card numbers pled guilty in federal court in Cedar Rapids.
Pedro Alvarez Rodriguez, age 36, from Miami, Florida, was convicted of aggravated identity theft and conspiracy to commit access device fraud on September 21, 2017. Dunieski Santana Moreno, age 26, from Miami, Florida, was convicted of aggravated identity theft and conspiracy to commit access device fraud on November 1, 2017. Liliany de Armas Mena, age 21, from Louisville, Kentucky, was convicted of aggravated identity theft and conspiracy to commit access device fraud on November 1, 2017. Though living in the United States, all three are Cuban citizens.
In their plea agreements, Alvarez Rodriguez, Santana Moreno, and de Armas Mena admitted that in January and February of 2017, they used counterfeit cards with account information stolen from at least thirty-five accounts. They used the counterfeit cards to make unauthorized purchases at Wal-Mart stores throughout Iowa. These purchases included goods as well as the purchase and reloading of “shopping cards” or “gift cards.”
In his plea agreement, Alvarez Rodriguez admitted that the account numbers on the counterfeit cards were obtained via “skimming” devices designed to obtain victims’ numbers without their authorization or knowledge. These stolen account numbers would then be encoded onto counterfeit magnetic stripe cards that had the appearance of credit cards, which were then used at Wal-Mart self-checkout registers.
In the four-day period of January 29, 2017, to February 1, 2017, Alvarez Rodriguez, Santana Moreno, and de Armas Mena drove hundreds of miles across the state of Iowa to use these counterfeit cards for fraudulent purchases at various Wal-Mart stores, including those in Mount Pleasant, Altoona, Le Mars, Sioux Center, Spencer, Spirit Lake, Mason City, Waverly, and Cedar Falls, Iowa.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after presentence reports are prepared. Alvarez Rodriguez, Santana Moreno, and de Armas Mena remain in the custody of the United States Marshal and will remain in custody pending sentencing. Each faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 9.5 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Lyndie M. Freeman and was investigated by Homeland Security Investigations and the Waverly Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2044.
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Cedar Rapids Man Sentenced to Eight Years’ Imprisonment for Unlawfully Possessing AmmunitionRead the Press Release
A man who fired a handgun three times in a residential neighborhood was sentenced today to eight years in federal prison.
James Mitchell, age 37, of Cedar Rapids, Iowa, received the prison term after a guilty plea to possession of ammunition as a felon.
Information presented at the sentencing hearing showed that on October 7, 2016, Mitchell was drinking and using drugs at a party in Cedar Rapids. The following afternoon, Mitchell’s girlfriend showed up outside of the residence where Mitchell was partying. Mitchell confronted his girlfriend in the street, before slamming her onto the ground, causing a friend of Mitchell’s to pull him away from the girlfriend. Mitchell then brandished a handgun and fired it three times into the air. Several neighbors heard the altercation and called the police. Mitchell fled the scene and discarded his handgun in an alley.
Mitchell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He was sentenced to 96 months’ imprisonment and a special assessment of $100 was imposed. Mitchell must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Mitchell 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 Drew O. Inman and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-19-LRR.
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West Des Moines Man Sentenced to More than Three Years in Federal Prison after Providing False Document to the United States Attorney during a Civil False Claims Act InvestigationRead the Press Release
A durable medical equipment store owner who provided false documents to the United States Attorney’s Office during a civil False Claims Act investigation was sentenced on Friday to more than three years in federal prison. James O’Connor, from West Des Moines, Iowa, received the prison term after a June 19, 2017, guilty plea to one count of Making and Using False Documents, in violation of 18 U.S.C. § 1001(a)(3).
In a plea agreement, O’Connor, who operated O’Connor Medical Supply, Inc., in Clive, Iowa, agreed that he provided a false document to the United States Attorney’s Office in response to a Civil Investigative Demand the office issued in conjunction with a civil False Claims Act investigation. Specifically, O’Connor admitted to providing a false Letter of Medical Necessity intended to conceal the fact that he previously submitted a claim to Medicare for a more complex and more expensive orthotic device than what he actually provided to a Medicare beneficiary. O’Connor further admitted that he caused nearly $350,000 in loss to the government.
O’Connor also entered into a settlement agreement to resolve the United States’ civil False Claims Act investigation. As part of that investigation, the United States alleged that O’Connor submitted claims to Medicare and Medicaid for four more expensive models of durable medical equipment than what he actually provided to beneficiaries: ankle foot orthoses, walking boots, knee braces, and wrist finger orthoses. O’Connor agreed to pay $898,523.08 to resolve these allegations. O’Connor paid Medicare full reimbursement in the amount of $177,321.58 and Medicaid full reimbursement in the amount of $172,631.70. Separately, O’Connor agreed to exclude himself as a provider of services in all federal health care programs.
Because a private citizen, known as a relator, filed a qui tam, or whistleblower, lawsuit raising the civil allegations, O’Connor paid the relator’s law firm an additional $51,476.92 in fees. The relator also received $224,630.77 (25%) of the nearly $900,000 recovery pursuant to the qui tam provisions of the False Claims Act. Those provisions permit private individuals with knowledge of wrongdoing to bring suit on behalf of the government for false claims and share in any recovery.
O’Connor was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. O’Connor was sentenced to 37 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $349,953.28 in restitution to the Medicare and Medicaid programs. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Judge Reade found the crime involved at least 3,375 upcoded claims for durable medical equipment between 2011 and 2015. Judge Reade found O’Connor’s criminal conduct was sophisticated, and he in fact passed a 2013 audit. Judge Reade observed “cheating the government is serious,” and found the crime was one of “greed,” “deception,” and “lying.” In denying O’Connor’s request for a sentence of one-day Judge Reade noted it was a substantial aggravating factor in the case that O’Connor had cut, copied, and forged signatures of doctors.
United States Attorney Peter E. Deegan stated, “The result in this case makes clear that health care fraud does not pay. Our Office continues to encourage citizens to report fraud in government health care programs, including Medicare and Medicaid. This conviction and sentence demonstrate that citizen complaints are taken seriously, and absolute honesty is required during our Office’s investigation of those complaints of fraud.”
“This sentencing is an indication to others who engage in these types of illicit activities that they will be caught and they will face justice,” FBI Omaha Field Office Special Agent in Charge Randall Thysse said. “We are proud of the diligent efforts of our team that worked on this case and the close partnership and collaboration we have with the U.S. Attorney’s Office in the Northern District of Iowa and all who assisted with this successful outcome.”
Steve Hanson, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “We will continue to work with our law enforcement partners to identify, and bring to justice, healthcare providers who submit false claims for reimbursement to HHS programs.”
O’Connor was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The criminal case was prosecuted by Assistant United States Attorney Timothy Vavricek, and the civil matter was handled by Assistant United States Attorney Jacob Schunk. The case was investigated by the United States Department of Health and Human Services, the Federal Bureau of Investigation, and the State of Iowa’s Medicaid Fraud Control Unit.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The criminal case file number is 17-CR-39. The civil case file number is 15-CV-3170-LTS.
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Vail, Iowa Woman Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced November 2, 2017, to 3 ½ years in federal prison.
Treshina Salazar, 31, from Vail, Iowa, received the prison term after a May 10, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Salazar admitted her involvement in a conspiracy that distributed at least 500 grams of actual (pure) methamphetamine throughout the Crawford and Sac County, Iowa area from 2012 through July 2016. In July 2016 law enforcement traffic stopped Salazar and seized one ounce of methamphetamine from the center console. Salazar admitted she served as a “middle-person,” collecting money and delivering sizable amounts of methamphetamine for a number of large-scale methamphetamine traffickers.
Salazar was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Salazar was sentenced to 42 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system. Salazar is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Department of Narcotics Enforcement, Sac County Sheriff’s Office, Crawford County Sheriff’s Office, and Iowa Division of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-4103.
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Sioux City Woman Sentenced for Meth PossessionRead the Press Release
A woman who possessed methamphetamine was sentenced November 2, 2017, to more than three years in federal prison.
Nicole Maxine Ramirez, 30, from Sioux City, Iowa, received the prison term after a July 18, 2017, guilty plea to possession with intent to distribute methamphetamine.
At the guilty plea, Ramirez admitted she possessed more than 27 grams of pure methamphetamine. On October 12, 2016, law enforcement conducted a traffic stop of Ramirez’s vehicle on Interstate 29 near Sioux City. Officers searched the vehicle and located 37.6 grams of methamphetamine mixture. Ramirez admitted she had purchased the methamphetamine and intended to sell the methamphetamine to other person(s).
Ramirez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ramirez was sentenced to 43 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Ramirez is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Mikala M. Steenholdt and 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 17-4026. Follow us on Twitter @USAO_NDIA.
Forest City Man Pleads Guilty to Making Fake MoneyRead the Press Release
A man who manufactured counterfeit twenty dollar bills pled guilty today in federal court in Cedar Rapids.
Victor Ineson, Jr., age 42, from Forest City, Iowa, was convicted of one count of manufacturing counterfeit currency. Two additional charges, relating to the possession and passing of counterfeit currency, were dismissed as part of a plea agreement.
At the plea hearing, Ineson admitted that, from April 2017 through mid-May 2017, he had counterfeited and altered multiple $20 bills at his residence in Forest City, Iowa. In a plea agreement, Ineson admitted that he would use chemicals to wash the print off of lower denomination bills and reprint each side of the bill so that it appeared to be a $20 bill. Ineson used some of these counterfeit bills to pay for merchandise at area businesses. Law enforcement executed a search warrant at Ineson’s residence on May 18, 2017, and discovered at least $335 in counterfeit currency.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Ineson has been placed on home detention pending sentencing. He faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment. He also agreed to pay restitution to all businesses that received the counterfeit currency.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Forest City Police Department, the Britt Police Department, the Mason City Police Department, and the Clear Lake Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3042.
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Dubuque Man Who Sold Methamphetamine to Serve over 27 Years in Federal PrisonRead the Press Release
A man who sold “ice” methamphetamine in Dubuque, and who sometimes provided drugs in exchange for firearms, was sentenced today to more than 27 years in federal prison.
Dale McCoy, age 51, from Dubuque, Iowa, received the prison term after a May 30, 2017, guilty plea to conspiracy to distribute 50 grams of more of actual methamphetamine.
At the guilty plea, McCoy admitted that he worked with other people to sell ice methamphetamine from at least as early as September 2016 through October 2016. Sentencing documents state that McCoy sold a “high volume” of methamphetamine in Dubuque. McCoy would at times trade the methamphetamine for firearms. McCoy would then supply the firearms to his drug source, in exchange for even more methamphetamine to sell in Dubuque.
McCoy was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. McCoy was sentenced to 327 months’ imprisonment. A special assessment of $100 was imposed, and he must serve a 10-year term of supervised release after his prison term. There is no parole in the federal system.
McCoy 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 Justin Lightfoot and investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1015.
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Cedar Rapids Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A man who distributed child pornography pled guilty yesterday in federal court in Cedar Rapids.
Craig Watters, age 30, from Cedar Rapids, Iowa, was convicted of one count of distribution of child pornography. At the plea hearing, Watters admitted that, in 2014, he knowingly distributed child pornography. He also admitted that he was convicted of receipt of child pornography in the Northern District of Iowa in 2009.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Watters remains in custody of the United States Marshal pending sentencing. Watters faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Cedar Rapids 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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-69.
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Sioux City Man Pleads Guilty to Drug Offense and Child Pornography OffenseRead the Press Release
A lawful permanent resident who possessed more than one-half pound of cocaine and child pornography pled guilty today, November 1, 2017, in federal court in Sioux City.
Jose Ramon Ortega-Ramirez, 23, from Sioux City, Iowa, was convicted of one count of possession with the intent to distribute cocaine and one count of possession of child pornography.
In a plea agreement, Ortega-Ramirez admitted that law enforcement intercepted a package from Mexico containing approximately 290.70 grams of cocaine. The package was addressed to “Jhon Smith” and had Ortega-Ramirez’s address on it. On August 4, 2017, law enforcement executed a controlled delivery of the package at Ortega-Ramirez’s. On this day, Ortega-Ramirez approached the undercover agent, identified himself as “Jhon Smith,” signed for the package, and brought it into his home. Shortly thereafter, officers executed a search warrant on the residence and found the package in Ortega-Ramirez’s bedroom hidden underneath a blanket on his bed. After his arrest, Ortega-Ramirez claimed that he had accepted the package on behalf of the tenants in the upstairs apartment who he knew to sell cocaine, methamphetamine, and marijuana. He claimed he expected to receive marijuana as compensation. Shortly after the interview ended, Ortega-Ramirez attempted to escape from police custody by running approximately thirty feet and jumping over the second floor railing that was approximately twenty feet off the ground. Before defendant exited the residence, five law enforcement officers subdued him.
In a plea agreement, Ortega-Ramirez also admitted that he possessed images conveying nude images of a minor. Ortega-Ramirez also admitted that he also possessed images and videos of the minor engaging in sexually explicit activity. Ortega-Ramirez was aware that the minor was under the age of 18 at the time.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ortega-Ramirez remains in the custody of the United States Marshal pending sentencing. Ortega-Ramirez faces a possible maximum sentence of 20 years’ imprisonment, up to a $1,000,000 fine, $200 in special assessments, and at least 5 years of supervised release up to life following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Duax and Special Assistant United States Attorney Ajay Alexander, 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 numbers are 17-CR-4049 and 17-CR-4066.
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Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Two law enforcement officers from Iowa are being honored this week by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2017 Enrique S. Camarena Award are Deputy Inspector William (Kevin) Marshall of the United States Postal Inspection Service and Officer Christopher Wuebker of the Decorah Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- United States Postal Inspector William (Kevin) Marshall has worked tirelessly to reduce drug abuse in the State of Iowa, and is a worthy recipient of this distinguished award. In just the past year, Inspector Marshall has assisted in over 120 drug‑related operations with nearly 40 different law enforcement agencies, resulting in the seizure and removal of nearly 80 pounds of methamphetamine, 90 pounds of marijuana, 4 pounds of cocaine, and over 4 pounds of heroin. In addition, Inspector Marshall was instrumental in developing a demonstrative exhibit labeled “What You Don’t See,” which teaches parents how to recognize signs of teenage drug abuse. Inspector Marshall is a mentor to young people, speaks about the dangers of drug abuse to students, and has continually demonstrated his passion for reducing drug abuse within the State of Iowa.
- Decorah Police Officer Christopher Wuebker’s commitment to reducing drug abuse through both enforcement and prevention makes him a worthy recipient of the Enrique Camarena Award. Through his service as a Decorah Police Officer and as a member of the Northeast Iowa Drug Task Force, Officer Wuebker played a critical role in over 100 drug-related prosecutions in northeast Iowa in the past few years. Recognizing the danger and difficulties facing children in homes where drug abuse is present, Officer Wuebker goes out of his way to connect children with resources they need to improve their situation. Officer Wuebker increases public awareness of drug abuse by speaking at schools and community organizations. His extraordinary passion for reducing drug abuse has made a difference in the lives of many young people, and has contributed to a safer community.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “With opioid and prescription drug abuse at an all-time high, the work these officers do in drug abuse prevention is vital to the safety of our communities. Each recipient richly deserves the honor of receiving the Enrique S. Camarena award. Officer Wuebker demonstrated an admirable dedication not only to investigating and prosecuting drug crimes, but to educating the public of the risks of substance abuse. Officer Wuebker has spoken to college students, high school students, and parents to increase their awareness of the dangers these substances pose to our community.”
Southern District United States Attorney Marc Krickbaum added, “Postal Inspector Marshall’s work prevented hundreds of pounds of drugs from reaching the streets, including keeping more than four pounds of extremely dangerous heroin and opioids from intended recipients. Through tireless efforts, Inspector Marshall assisted in intercepting more than $3,000,000 worth of dangerous drugs in the last year alone.”
Darin T. Thimmesch, the Assistant Special Agent in Charge for the DEA commented on this year’s award, stating, “The DEA is committed to working with our law enforcement partners at all levels to reduce the availability and abuse of illicit drugs in the communities we serve. We are honored to be a part of this distinguished award presentation in memory of fallen DEA Special Agent Enrique S. Camarena. Special Agent Camerena gave his life fighting against the powerful drug cartels in Mexico while trying to protect the country he served from evils of drug distribution and abuse. This award exemplifies the outstanding investigative efforts of these law enforcement officers in disrupting the illegal activities of the drug trafficking organizations operating in and around the communities of northern Iowa, as well as preventing the further distribution of these highly addictive, deadly drugs.”
The Enrique S. Camarena Award is presented each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at Kevin.VanderSchel@usdoj.gov (link sends e-mail).
Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Two law enforcement officers from Iowa are being honored this week by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2017 Enrique S. Camarena Award are Deputy Inspector William (Kevin) Marshall of the United States Postal Inspection Service and Officer Christopher Wuebker of the Decorah Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- United States Postal Inspector William (Kevin) Marshall has worked tirelessly to reduce drug abuse in the State of Iowa, and is a worthy recipient of this distinguished award. In just the past year, Inspector Marshall has assisted in over 120 drug‑related operations with nearly 40 different law enforcement agencies, resulting in the seizure and removal of nearly 80 pounds of methamphetamine, 90 pounds of marijuana, 4 pounds of cocaine, and over 4 pounds of heroin. In addition, Inspector Marshall was instrumental in developing a demonstrative exhibit labeled “What You Don’t See,” which teaches parents how to recognize signs of teenage drug abuse. Inspector Marshall is a mentor to young people, speaks about the dangers of drug abuse to students, and has continually demonstrated his passion for reducing drug abuse within the State of Iowa.
- Decorah Police Officer Christopher Wuebker’s commitment to reducing drug abuse through both enforcement and prevention makes him a worthy recipient of the Enrique Camarena Award. Through his service as a Decorah Police Officer and as a member of the Northeast Iowa Drug Task Force, Officer Wuebker played a critical role in over 100 drug-related prosecutions in northeast Iowa in the past few years. Recognizing the danger and difficulties facing children in homes where drug abuse is present, Officer Wuebker goes out of his way to connect children with resources they need to improve their situation. Officer Wuebker increases public awareness of drug abuse by speaking at schools and community organizations. His extraordinary passion for reducing drug abuse has made a difference in the lives of many young people, and has contributed to a safer community.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “With opioid and prescription drug abuse at an all-time high, the work these officers do in drug abuse prevention is vital to the safety of our communities. Each recipient richly deserves the honor of receiving the Enrique S. Camarena award. Officer Wuebker demonstrated an admirable dedication not only to investigating and prosecuting drug crimes, but to educating the public of the risks of substance abuse. Officer Wuebker has spoken to college students, high school students, and parents to increase their awareness of the dangers these substances pose to our community.”
Southern District United States Attorney Marc Krickbaum added, “Postal Inspector Marshall’s work prevented hundreds of pounds of drugs from reaching the streets, including keeping more than four pounds of extremely dangerous heroin and opioids from intended recipients. Through tireless efforts, Inspector Marshall assisted in intercepting more than $3,000,000 worth of dangerous drugs in the last year alone.”
Darin T. Thimmesch, the Assistant Special Agent in Charge for the DEA commented on this year’s award, stating, “The DEA is committed to working with our law enforcement partners at all levels to reduce the availability and abuse of illicit drugs in the communities we serve. We are honored to be a part of this distinguished award presentation in memory of fallen DEA Special Agent Enrique S. Camarena. Special Agent Camarena gave his life fighting against the powerful drug cartels in Mexico while trying to protect the country he served from evils of drug distribution and abuse. This award exemplifies the outstanding investigative efforts of these law enforcement officers in disrupting the illegal activities of the drug trafficking organizations operating in and around the communities of northern Iowa, as well as preventing the further distribution of these highly addictive, deadly drugs.”
The Enrique S. Camarena Award is presented each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
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Sioux City AUSA Returns from Year in AfghanistanRead the Press Release
A federal prosecutor who spent a year in Afghanistan as the Justice Attaché and a Special Deputy United States Marshal returned to his duties today as an Assistant United States Attorney (AUSA) in Sioux City, Iowa.
AUSA Forde Fairchild, was detailed from the Northern District of Iowa to the Office of the Deputy Attorney General, then deployed forward as the Justice Attaché for Afghanistan. Fairchild is the second prosecutor from the U.S. Attorney’s Office for the Northern District of Iowa to serve in Afghanistan since the beginning of Operation Resolute Support, a 2015 U.S. led NATO mission, which began after transitioning from the International Security Assistance Force, which was created in accordance with the Bonn Conference in December 2001 shortly after the fall of the Taliban. Major General Patrick Reinert, U.S. Army Reserve, also a federal prosecutor from the Northern District of Iowa, served, in uniform from May of 2013, through October of 2014, as the commander of the Rule of Law Field Force and Combined Joint Interagency Task Force 435.
United States Attorney Peter E. Deegan, Jr. stated, “The United States Attorney’s Office for the Northern District of Iowa is very proud of Forde.” Deegan added, “Forde made tremendous sacrifices in supporting law enforcement efforts in a dangerous and troubled part of the world. His dedication to justice is clear from his work in Afghanistan and his outstanding work as an AUSA prosecuting some of the most dangerous and violent criminals in Iowa.”
The Office of the Justice Attaché at the United States Embassy in Kabul is the United States Attorney General's representative in Afghanistan. It coordinates all U.S. civilian law enforcement efforts in Afghanistan with DOJ components in the United States, and aids in the investigation of crimes being considered for extraterritorial prosecution in the United States. It also serves as a close partner of the U.S. interagency community including the U.S. Armed Forces, Afghanistan and U.S. Departments of State, and is part of the U.S. Embassy’s Country Team and its Small Group Leadership team. The Office of Justice Attaché’s efforts are designed to aid the Government of the Islamic Republic of Afghanistan in its efforts to build its capacity to aggressively investigate and prosecute terrorism, narcotics, corruption, and other major criminal offenses in a transparent, just, and timely manner consistent with its laws and consistent with international standards of justice.
Fairchild's work as the leader of the Office of the Justice Attache regularly took him outside the relative safety of the International Zone. Careful security preparations were necessary for each of these trips, but by getting out into the field, Fairchild forged strong partnerships with Afghan law enforcement professionals, including the Attorney General of Afghanistan. These strong partnerships were critical in assisting the Afghans in their counter-insurgency law enforcement efforts. Fairchild’s efforts in this regard included working closely with the Afghan Chief Justice, Sayed Yousuf Halim. Fairchild built close ties with the U.S.'s international partners including the United Nations, NATO, and the governments of Australia, Canada, and the United Kingdom, among others.
Illegal Alien Sentenced to More than a Year in Prison after Returning to the United States Following DeportationRead the Press Release
A Mexican man who had previously been deported following federal convictions for unlawful use of identification documents and misuse of a Social Security number was sentenced October 25, 2017, to 15 months in federal prison.
Adan Vazquez-Santos, age 34, a citizen of Mexico who had been living in Hamilton County, Iowa, received the prison term after an August 3, 2017, guilty plea to one count of illegal reentry of a removed alien after a felony conviction.
At the guilty plea, Vazquez-Santos admitted he illegally reentered the United States without permission after having been deported from the United States in February 2015. Prior to his deportation, Vazquez-Santos was convicted in January 2015 in the United States District Court for the Northern District of Iowa on one count of unlawful use of identification documents and one count of misuse of a Social Security number, both felony offenses. Vazquez-Santos had also been convicted of operating a motor vehicle while intoxicated in both Hamilton County, Iowa, in 2009, and in Webster County, Iowa, in 2012. Vazquez-Santos most recently came to the attention of immigration officials in April 2017 following his arrest in Hamilton County, Iowa, for willful injury and domestic abuse assault.
Vazquez-Santos was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Vazquez-Santos was sentenced to 15 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 sentence is to be served consecutively to a 14-month sentence imposed in June 2017 for violating the terms of his supervised release on the 2015 federal convictions for unlawful use of identification documents and misuse of a Social Security number.
Vazquez-Santos 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 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 17-CR-3029.
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Eight Defendants Sentenced to Federal Prison in Drug Trafficking ConspiracyRead the Press Release
Eight Iowa residents have been sentenced to federal prison after pleading guilty to drug trafficking charges.
At sentencing hearings in August, September, and October of 2017, Chief United States District Court Judge Leonard T. Strand sentenced Kyle Chyma, age 29, Edgar Hernandez, age 31, Kelbie Struve, age 25, Kailyn Struve, age 26, and Marlene Hernandez, age 25, all of Toledo, Iowa, Scott Steuhm, age 26, and Tyler Walz, age 23, both of Tama, Iowa, and Alejandra Castillo-Hernandez, age 46, of Marshalltown, Iowa, to prison time. The defendants received the following prison terms:
Edgar Hernandez was sentenced to 252 months’ imprisonment;Kyle Chyma was sentenced to 180 months’ imprisonment;
Scott Steuhm was sentenced to 160 months’ imprisonment;
Kelbie Struve was sentenced to 94 months’ imprisonment;
Alejandra Castillo-Hernandez was sentenced to 60 months’ imprisonment;
Kailyn Struve was sentenced to 48 months’ imprisonment;
Marlene Hernandez was sentenced to 15 months’ imprisonment; and
Tyler Walz was sentenced to 15 months’ imprisonment.
Each defendant must also serve a term of supervised release after the prison term. There is no parole in the federal system.
In September 2016, a federal grand jury charged all eight defendants with conspiracy to distribute controlled substances. At plea hearings in February and March of 2017, Chyma, Edgar Hernandez, Steuhm, Kelbie Struve, Kailyn Struve, Marlene Hernandez, and Alejandra Castillo-Hernandez admitted to trafficking in methamphetamine. Chyma, Kailyn Struve, and Walz admitted to trafficking in cocaine. Chyma also admitted to money laundering. The indictment contained a forfeiture allegation, and as part of their guilty pleas, the eight defendants agreed to forfeit $360,027.19 in drug proceeds.
At the sentencing hearings, Chief Judge Strand found that Edgar Hernandez and Scott Steuhm were responsible for distributing approximately 339 pounds of ice methamphetamine during the conspiracy. Edgar Hernandez and Kyle Chyma received sentencing enhancements for serving as leaders of the drug trafficking organization. Edgar Hernandez, Chyma, and Steuhm received sentencing enhancements for importing methamphetamine from Mexico.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by the Drug Enforcement Administration, with support from the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Cedar Rapids Police Department, Marion Police Department, Linn County Sheriff’s Office, Iowa City Police Department, Johnson County Drug Task Force, and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-76.
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Minnesota Man Sentenced to More Than a Decade in Federal Prison for Possessing Methamphetamine with Intent to DistributeRead the Press Release
A man found with nearly a pound of methamphetamine was sentenced yesterday to 15 years in federal prison.
Paul Daniel Greseth, age 32, from Wanamingo, Minnesota, received the prison term after a March 30, 2017, guilty plea to possession with the intent to distribute methamphetamine.
At the guilty plea, Greseth admitted possessing over 50 grams of pure methamphetamine with the intent to distribute on January 22, 2017. On that date, Greseth traveled from Minnesota to Waterloo, Iowa, to meet with an individual he thought would buy some of the methamphetamine. While he was in Waterloo, law enforcement officers surrounded Greseth at a carwash. Officers told Greseth to put his hands up but he failed to follow their directions. An officer fired two shots at Greseth following his failure to follow the officers’ orders. Greseth was not hit and was subsequently arrested. Officers found over 428 grams of methamphetamine in Greseth’s possession. Greseth later stated that while surrounded at the carwash, he was attempting to rip open bags containing methamphetamine, hoping to vacuum up the methamphetamine before law enforcement could seize it.
Greseth was sentenced in Cedar Rapids by United States Chief District Court Judge Leonard T. Strand. Greseth was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Greseth 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 Emily K. Nydle and investigated by the Iowa Division of Narcotics Enforcement, Waterloo Police Department, Black Hawk County Sheriff’s Office, West Union Police Department, Goodhue County, Minnesota, Sheriff’s Office, Tri-County Drug Task Force, and Iowa Division of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-02008-001.
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Dubuque Man Pleads Guilty to Participating in Fraud that Targeted Elderly Victims Throughout the United StatesRead the Press Release
A Dubuque man who participated in a scheme to defraud victims across the United States have pled guilty in federal court in Cedar Rapids.
Tobey Hines, age 33, from Dubuque, Iowa, pled guilty today and was convicted of one count of wire fraud.
At the plea hearing, Hines admitted he participated in a scheme to defraud people throughout the United States and that the fraud was primarily targeted towards the elderly. Hines admitted that other individuals called victims on the phone and told these victims that a relative was in jail. The caller would then ask the victims to wire money via Western Union or Money Gram to get the relative released. Hines further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers. Hines admitted that he was one of the participants in and around Dubuque who received wire transfers from the victims.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Hines remains in custody of the United States Marshal pending sentencing. He faces a possible maximum sentence of 20 years’ imprisonment, a fine, and 3 years of supervised release following any imprisonment.
Four other people have previously pled guilty to their role in the scheme. On March 2, 2017, Shawn Vaassen pled guilty and admitted that he too was picking up wire transfers sent to the Dubuque area by victims. At the same plea hearing, Vaassen also pled guilty to unlawfully possessing a sawed off shotgun. On May 9, 2017, Carlos Rodriguez pled guilty and admitted that he was also picking up wire transfers sent to the Dubuque area by victims. Michael and Stephanie Marcov, a married couple, each pled guilty to wire fraud on May 19, 2017, and admitted to picking up wire transfers sent by victims.
The cases are being prosecuted by Assistant United States Attorneys Timothy Vavricek and Anthony Morfitt and were investigated by the Department of Homeland Security - Investigations and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-1001, 17-CR-1004, and 17-CR-1038.
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DEA Prepares for Prescription Drug Takeback DayRead the Press Release
United States Attorney Peter E. Deegan, Jr. encourages the public to participate in the Drug Enforcement Administration’s National Prescription Drug Takeback Day. The biannual event will be held from 10 a.m. to 2 p.m. on Saturday, October 28, 2017, at thousands of collection sites around the country, including over 50 here in the Northern District of Iowa. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
United States Attorney Deegan stated, “Opioid and prescription drug abuse is at an all-time high in our country, and the human toll is devastating.” Deegan added, “Everyone can help combat this epidemic by taking time to get rid of outdated and unused prescription drugs.”
Last April, Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills. The disposal service is free and anonymous, no questions asked. The DEA cannot accept liquids, needles, or sharps, only pills or patches.
Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
Collection sites will be set up throughout communities nationwide. To locate a collection site near you, go the DEA Office of Diversion Control website at https://www.deadiversion.usdoj.gov/drug_disposal/takeback where you can search by zip code, city, or state. The service is free and anonymous.
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Waterloo Man Pleads Guilty to Unlawful Possession of Firearm and AmmunitionRead the Press Release
Wayne J. Jones, II, 38, from Waterloo, Iowa, has pleaded guilty to one count of unlawful possession of a firearm and ammunition as a convicted felon and unlawful drug user. Jones entered his plea of guilty yesterday in United States District Court in Cedar Rapids.
The one-count indictment filed on August 9, 2017, alleges that, on or about April 12, 2017, Jones possessed a 9mm handgun, several rounds of hollow point ammunition, and several rounds of 20-gauge shotgun ammunition. At the plea hearing yesterday, Jones admitted those items were seized from his apartment and possession pursuant to a federal search warrant. Jones also admitted he had a prior felony conviction and was an unlawful user of marijuana.
Jones faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 3 years of supervised release following any imprisonment.
Jones is currently in the custody of the United States Marshals. A sentencing date has not yet been set.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was 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 17-CR-02058-LRR.
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Illegal Alien from Mexico Sentenced to Prison after Returning to the United States Following DeportationRead the Press Release
A Mexican man who had previously been deported following a federal conviction for illegally reentering the United States was sentenced today to 11 months in federal prison.
Ranulfo Juarez-Hernandez, age 39, a citizen of Mexico who had been living in Independence, Iowa, received the prison term after a June 29, 2017, guilty plea to one count of illegal reentry of a removed alien after a felony conviction.
At the guilty plea, Juarez-Hernandez admitted he illegally reentered the United States without permission after having been deported from the United States in May 2014 and September 2015. Prior to his deportation, Juarez-Hernandez was convicted in August 2015 in the United States District Court for the Northern District of Iowa on one count of illegally reentering the United States following deportation, a felony offense. Juarez-Hernandez had also been convicted of operating a motor vehicle while intoxicated in both Washington County, Iowa, in 2006 and in Grundy County, Iowa, in 2016; and domestic abuse assault in Linn County, Iowa, in 2013. Juarez-Hernandez most recently came to the attention of immigration officials in May 2017 following his arrest for operating a motor vehicle while intoxicated in Buchanan County, Iowa.
Juarez-Hernandez was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Juarez-Hernandez was sentenced to 11 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.
Juarez-Hernandez 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 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 17-CR-2029.
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Carroll Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute was sentenced on October 16, 2017, to more than 11 years in federal prison.
Troy Dillavou, 41, from Carroll, Iowa, received the prison term after a guilty plea to one count of conspiracy to distribute methamphetamine.
Evidence at sentencing showed that, prior to entering the conspiracy to distribute methamphetamine, defendant was convicted of felony drug offenses in 2013 and 2014. This resulted in him being sent to state prison for approximately one and a half years. Upon being paroled in January 2016, defendant began distributing methamphetamine to a number of customers in quantities ranging from ounces to one-half pound. During the course of the conspiracy, defendant supplied methamphetamine to his 23-year-old daughter and tasked her with picking up multi-pound quantities of methamphetamine from his source.
Dillavou was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Dillavou was sentenced to 141 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Dillavou 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 Ajay Alexander and 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 17-CR-3023.
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New York Man Convicted of Armed Bank RobberyRead the Press Release
A man who robbed the Citizens State Bank in Hopkinton, Iowa, was convicted by a jury yesterday after a three-day trial in federal court in Cedar Rapids.
Daniel Louis Jackson, 27, from Younkers, New York, was convicted of armed bank robbery, conspiracy to commit armed bank robbery, aiding and abetting the use, carrying, and brandishing of a firearm during a crime of violence, and conspiracy to use, carry, and brandish a firearm during a crime of violence. The verdict was returned yesterday following about two hours of jury deliberations.
The evidence at trial showed that Jackson moved to Muscatine, Iowa, during the summer of 2016 along with his co-defendant, Jason Centeno. While in Iowa, Jackson and Centeno reach an agreement to rob the Citizens State Bank in Hopkinton, Iowa. Prior to the robbery, Jackson obtained a .38 caliber revolver from an individual in Detroit, Michigan. On the morning of October 21, 2016, Jackson and Centeno drove Jackson’s car from Muscatine to Hopkinton. Centeno entered the bank brandishing the firearm, while Jackson carried a knife. Both men jumped over the bank counter and demanded money from the two employees working at the time. While Centeno collected money from one teller, Jackson forced the other teller to place her hands behind her back and restrained her using zip ties. Jackson and Centeno had purchased the zip ties together the day before at the Wal-Mart in Muscatine.
During the robbery, a third bank employee entered the bank. Jackson also ordered him to place his hands behind his bank and secured his hands with zip ties. Jackson and Centeno left the bank, taking approximately $8,000, and then returned to Muscatine. Jackson and Centeno the fled from Iowa, first to Younkers, New York, and later to Florida where they were eventually arrested by the Volusia County Sheriff’s Office.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Jackson remains in custody of the United States Marshal pending sentencing. Jackson faces a mandatory minimum sentence of seven years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $400 in special assessments, and 20 years of supervised release following any imprisonment.
On September 14, 2017, Centeno pled guilty to armed bank robbery and using, carrying, and brandishing a firearm during a crime of violence. Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Centeno remains in custody of the United States Marshal pending sentencing. Centeno faces a mandatory minimum sentence of seven years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, $200 in special assessments, and 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Lisa C. Williams and Jacob Schunk and was investigated by the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, the Delaware County Sheriff’s Office, the Muscatine County Sheriff’s Office, the Muscatine Police Department, the Manchester Police Department, the Yonkers Police Department, and the Volusia County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-cr-2057.
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Man Sentenced to 43 Months’ Imprisonment for Unlawful Gun PossessionRead the Press Release
A man who drove by a house in Waterloo, Iowa, and fired a gun twice at the detached garage was sentenced yesterday to more than three years in federal prison.
Dayton Jay Myers, age 21, from Waterloo, Iowa, received the prison term after a June 1, 2017, guilty plea to possession of a firearm by a drug user.
At the sentencing hearing, Myers admitted that he drove to the Waterloo residence on the night of January 3, 2017, to send a message to a person who was threatening him after a failed drug deal. Myers drove up and down the street beside the house before firing a stolen handgun twice at the detached garage, striking the garage and a parked vehicle. At the time he fired the gun, Myers was under the influence of alcohol and marijuana.
Myers was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Myers was sentenced to 43 months’ imprisonment and a special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Myers 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 Drew O. Inman and was investigated by a Federal Task Force composed of the Waterloo Police Department, 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 17-CR-2018-LRR.
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Media AdvisoryRead the Press Release
Earlier today, Attorney General Jeff Sessions announced a recommitment to Project Safe Neighborhoods, a program first launched in 2001 designed to reduce violent crime across the country. Working with federal, state, and local partners through the Project Safe Neighborhoods program, the United States Attorney’s Office for the Northern District of Iowa has been prosecuting violent crime and the most serious offenders for the past sixteen years.
United States Attorney Peter Deegan, Jr. and Cedar Rapids Police Chief Wayne Jerman will be available on Friday, October 6, 2017, for interviews regarding Project Safe Neighborhoods in Cedar Rapids. To schedule an interview with Mr. Deegan or Chief Jerman, please contact Tony Morfitt at 319-363-6333.
Branch Chief Tim Duax and Sioux City Police Chief Rex Mueller will also be available on October 6, 2017, for interviews regarding Project Safe Neighborhoods in Sioux City. To schedule an interview with Mr. Duax please contact him at 712-255-6011. To schedule an interview with Chief Mueller, please contact him at 712-898-4572.
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Man Sentenced to 71 Months in Federal Prison for Illegally Possessing a HandgunRead the Press Release
A man who fled the scene of a traffic stop while intoxicated and carrying a loaded pistol in his waistband was sentenced today to 71 months in federal prison.
Darryl Lee Williams, age 30, from Cedar Rapids, Iowa, received the prison term after a May 25, 2017, guilty plea to possessing a firearm as a felon and domestic violence misdemeanant.
At sentencing, United States District Court Judge Linda R. Reade recounted how Williams fled from the police while under the influence of alcohol and marijuana. After apprehending Williams, officers found a loaded 9-millimeter pistol, marijuana, and a half-empty bottle of tequila on his person. Judge Reade also noted Williams’ extensive criminal history, including prior convictions for assaulting police officers.
Williams was sentenced to 71 months’ imprisonment and a special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Williams is being held in United States Marshals custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-25.
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Attorney General Jeff Sessions Announces Reinvigoration of Project Safe Neighborhoods and Other Actions to Reduce Rising Tide of Violent CrimeRead the Press Release
[WASHINGTON] – Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001.
In a statement on the program, the Attorney General said, “According to the FBI, the violent crime rate has risen by nearly seven percent over the past two years, and the homicide rate has risen by more than 20 percent. We cannot be complacent or hope that this is just an anomaly: we have a duty to take action. Fortunately, we have a President who understands that and has directed his administration to reduce crime. The Department of Justice today announces the foundation of our plan to reduce crime: prioritizing Project Safe Neighborhoods, a program that has been proven to work.
“Let me be clear,” the Attorney General continued, “Project Safe Neighborhoods is not just one policy idea among many. This is the centerpiece of our crime reduction strategy. Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer.”
“For the past sixteen years this office has demonstrated its commitment to reducing violent crime through the Project Safe Neighborhoods program,” said United States Attorney Peter E. Deegan, Jr. “Through training, outreach, and working with our federal, state, and local partners, we have focused our efforts on violent crime in Northern Iowa. With this recommitment to Project Safe Neighborhoods, we will continue to prosecute the most dangerous criminal offenders, including those who illegally purchase, possess, and use guns.”
“The Cedar Rapids Police Department is very fortunate to have a solid relationship with the United States Attorney’s Office for the Northern District of Iowa,” said Cedar Rapids Police Chief Wayne Jerman. “The federal prosecution of violent offenses committed with guns has meant that dangerous individuals are off the streets and our community is safer. Police officers in Cedar Rapids seized nearly 100 guns from individuals who were in illegal possession of the firearms over the past year. Working with the United States Attorney’s Office, we are making sure that individuals who possess these weapons and use them while committing criminal acts are held accountable. With the cooperation of the community, quality patrol and investigative work, and the assistance of local and federal prosecutors, we can continue to reduce the rate of violent crime in Cedar Rapids.”
“The Sioux City Police Department is excited to hear Attorney General Session’s renewed support for Project Safe Neighborhoods,” said Sioux City Police Chief Rex Mueller. “This program, with its focus on violent crime and illegal possession and use of firearms, is needed now more than ever. In coordination with our federal partners we have been able to successfully take violent criminals off the streets of Sioux City. For example, Jamal Dean, a violent armed robber who shot and wounded one of our officers was successfully prosecuted with Dean receiving a life sentence. Another example is the Canfield murder case in which three violent individuals who murdered a local Sioux City man were brought to justice. We look forward to the Attorney General’s support and a continuation of our successful partnership.”
The Attorney General also announced the following Department of Justice initiatives to help reduce violent crime:
Additional Assistant United States Attorney Positions to Focus on Violent Crime – The Department is allocating 40 prosecutors to approximately 20 United States Attorney’s Offices to focus on violent crime reduction.
More Cops on the Streets (COPS Hiring Grants) – As part of our continuing commitment to crime prevention efforts, increased community policing, and the preservation of vital law enforcement jobs, the Department will be awarding approximately $98 million in FY 2017 COPS Hiring Grants to state, local, and tribal law enforcement agencies.
Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative –The National Gang Strategic Initiative promotes creative enforcement strategies and best practices that will assist in developing investigations of violent criminal groups and gangs into enterprise-level OCDETF prosecutions. Under this initiative, OCDETF provides “seed money” to locally-focused gang investigations, giving state, local, and tribal investigators and prosecutors the resources and tools needed to identify connections between lower-level gangs and national-level drug trafficking organizations.
Critical Training and Technical Assistance to State and Local Partners –The Department has a vast array of training and technical assistance resources available to state, local and tribal law enforcement, victims groups, and others. To ensure that agencies in need of assistance are able to find the training and materials they need, OJP will make available a Violence Reduction Response Center to serve as a “hot line” to connect people to these resources.
Crime Gun Intelligence Centers (CGIC) – The Department has provided grant funding to support a comprehensive approach to identifying the most violent offenders in a jurisdiction, using new technologies such as gunshot detection systems combined with gun crime intelligence from NIBIN, eTrace, and investigative efforts. These FY 2017 grants were awarded to Phoenix, Arizona, and Kansas City, Missouri.
Expand ATF’s NIBIN Urgent Trace Program – The Department will expand ATF’s NIBIN Urgent Trace Program nationwide by the end of the year. Through this program, any firearm submitted for tracing that is associated with a NIBIN “hit” (which means it can be linked to a shooting incident) will be designated an “urgent” trace and the requestor will get information back about the firearm’s first retail purchaser within 24 hours, instead of 5 to 6 business days.
Cedar Rapids Man Sentenced to More than Five Years in Prison for Illegally Possessing a GunRead the Press Release
A felon and drug user who possessed a stolen firearm was sentenced yesterday to more than five years in federal prison.
Derek Hines, age 33, from Cedar Rapids, Iowa, received the prison term after a guilty plea to possessing a firearm as a prohibited person. In a plea agreement, Hines, a convicted felon and user of marijuana and methamphetamine, admitted that he possessed a firearm in Cedar Rapids in January 2017. Cedar Rapids Police Department officers found Hines unconscious in the driver’s seat of a parked vehicle with a loaded handgun and drug paraphernalia. The gun had previously been reported stolen by its owner. In 2003, Hines was convicted in federal court of conspiracy to distribute and possess with intent to distribute cocaine base and marijuana.
Hines was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Hines was sentenced to 63 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. Hines is being held in the United States Marshal’s custody until he can be transported to a federal prison to serve his sentence.
The case was prosecuted by Assistant United States Attorney Lyndie M. Freeman and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-20.
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Waterloo Straw Purchaser Sentenced to Two Years in Federal PrisonRead the Press Release
A woman who admitted buying multiple firearms for others, and lying on the acquisition forms, was sentenced today to two years in federal prison.
Myneisha Washington, age 26, from Waterloo, Iowa, received the prison term after a guilty plea to possessing a firearm as a prohibited person. In a plea agreement, Washington admitted that she purchased five handguns in late 2016. On the purchase forms, Washington indicated that she was the actual buyer of each firearm when, in fact, she was a straw purchaser for four of the firearms because she purchased them for others. Washington also lied about her address and her use of drugs. Evidence at today’s sentencing hearing showed that law enforcement has linked two of the guns purchased by Washington to multiple shootings in Waterloo.
Washington was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Washington was sentenced to 24 months’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
“Straw purchasers thwart the law to get guns into the hands of criminals,” said United States Attorney Peter Deegan. “This office is committed to enhancing public safety by bringing straw purchasers to justice."
After the hearing, Washington was taken into custody by the United States Marshals Service to serve her sentence.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by a Federal Task Force composed of the Waterloo Police Department, 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 17-CR-2010.
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Wisconsin Man Pleads Guilty to Enticement of a MinorRead the Press Release
A man who enticed a minor to engage in illegal sexual activity pled guilty yesterday in federal court in Cedar Rapids.
Carson Sibley, age 26, from LaCrosse, Wisconsin, was convicted of one count of enticement of a minor. At the plea hearing, Sibley admitted that, in 2017, he persuaded, induced, or enticed a minor to engage in sexual activity for which a person could be charged with a criminal offense.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Sibley remains in custody of the United States Marshal pending sentencing. Sibley faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sheriff’s Office, the Black Hawk County Sheriff’s Office, the Cedar Rapids Police Department, the LaCrosse Police Department, and Homeland Security Investigations.
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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-53.
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Eagle Grove Man Pleads Guilty to Sexual Exploitation of a Child and ExtortionRead the Press Release
A man who sexually exploited a child and committed extortion pled guilty yesterday in federal court in Cedar Rapids.
Jason Marvets, age 30, from Eagle Grove, Iowa, was convicted of one count of sexual exploitation of a child and one count of extortion. At the plea hearing, Marvets admitted that, between 2016 and 2017, he persuaded, induced, enticed, or coerced a child to send him sexually explicit depictions of herself. In a plea agreement, he admitted that this child was 11 and 12 years old and that he threatened to distribute depictions of her in order to get more depictions of her. In the plea agreement, he also admitted he obtained sexually explicit depictions from a 15-year-old child and threatened to ruin her life when she did not communicate with him.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Marvets remains in custody of the United States Marshal pending sentencing. Marvets faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 32 years’ imprisonment, a $500,000 fine, $5,200 in special assessments, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Wright County Sheriff’s Office, the Webster County Sheriff’s Office, the Georgia Bureau of Investigation, and the Michigan State Police.
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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-3034.
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Mason City Man Sentenced to over 10 Years in Federal Prison for Possession of Child PornographyRead the Press Release
A man who possessed child pornography was sentenced yesterday to over 10 years in federal prison.
Jeffery Landheer, age 47, from Mason City, Iowa, received the sentence after a May 19, 2017 guilty plea to one count of possession of child pornography. At the plea hearing, Landheer admitted that, between 2009 and 2016, he knowingly possessed child pornography on a computer hard drive.
Landheer was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Landheer was sentenced to 121 months’ imprisonment. Special assessments of $5,100 were imposed, and Landheer must also serve a 15-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Mason City 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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-3011.
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Cedar Rapids Man Charged with Distribution, Receipt, and Possession of Child PornographyRead the Press Release
Craig Watters, age 30, of Cedar Rapids, Iowa, has been charged with distribution, receipt, and possession of child pornography. The charges are contained in an Indictment filed on September 14, 2017 in United States District Court in Cedar Rapids.
The Indictment alleges that, in 2014, Watters distributed child pornography, received child pornography, and possessed child pornography on a computer. The Indictment also alleges that Watters was convicted of receipt of child pornography in the Northern District of Iowa in 2009.
If convicted, Watters faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 100 years’ imprisonment, a $750,000 fine, $300 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Watters appeared on September 20, 2017 in federal court in Cedar Rapids and was held without bond. Watters’s next appearance for trial is set for November 20, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Cedar Rapids Police Department and the Iowa Division of Criminal Investigation.
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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-69.
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Peter E. Deegan Jr. Sworn in as United States AttorneyRead the Press Release
Cedar Rapids, Iowa. – Peter E. Deegan, Jr. has taken the oath of office today to become the United States Attorney for the Northern District of Iowa. Mr. Deegan was nominated by President Donald Trump on July 19, 2017, and unanimously confirmed by the United States Senate on September 14, 2017. He took the oath of office from United States District Judge Linda R. Reade.
“Having been part of the office for most of my professional career, I know first-hand that it is made up of an exceptional group of dedicated and talented public servants,” said Deegan. “It’s both an honor and a privilege to be chosen to serve as the United States Attorney.”
As United States Attorney, Mr. Deegan is the top-ranking federal law enforcement official in the Northern District of Iowa. He oversees a staff of 46 employees, including 25 attorneys and 21 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Mr. Deegan’s career as a federal prosecutor began in 1998 when he joined the Northern District of Iowa’s Sioux City branch office as a Special Assistant United States Attorney employed through the Iowa Attorney General’s Office. Mr. Deegan prosecuted methamphetamine manufacturers and traffickers as part of the Midwest High Intensity Drug Trafficking Area’s methamphetamine initiative. In 1999, as an Assistant United States Attorney, he began prosecuting a full variety of federal criminal cases from narcotics and violent crime to complex fraud, child sexual exploitation, and business crimes. Mr. Deegan moved from Sioux City to the Cedar Rapids office in 2001.
From 2004 to 2006, Mr. Deegan served as an Assistant United States Attorney in Detroit where he prosecuted general criminal matters including alien smuggling, medical device smuggling, and financial fraud. He also successfully tried a Detroit police detective and his brother for bank robbery conspiracy.
After returning to Cedar Rapids in 2006, Mr. Deegan prosecuted the two largest financial fraud cases in the history of the district. These included a $215,000,000 fraud committed by the owner of Peregrine Financial Group, Inc. He also co-led the investigation and prosecution of a large-scale criminal immigration enforcement action and the subsequent prosecution of several employer personnel for alien harboring and related offenses. In recent years, Mr. Deegan led the investigation and prosecution of federal Food, Drug, and Cosmetic Act and public corruption crimes related to the largest food-borne salmonella outbreak in the nation’s history.
From 2015 until his confirmation as United States Attorney, Mr. Deegan served as the Chief of the Criminal Division in the Northern District of Iowa.
Mr. Deegan has received several Department of Justice honors and awards for his work as a federal prosecutor, including the Executive Office for United States Attorney’s Director’s Award and a Special Commendation award from the Civil Division.
Mr. Deegan has taught Federal White Collar Crime as an adjunct professor at the University of Iowa Law School. He has also served as a regular trial advocacy instructor at the Department of Justice’s National Trial Advocacy Center in Columbia, South Carolina, and as a visiting trial advocacy instructor at the University of Notre Dame Law School. Mr. Deegan has served on multiple boards and service committees.
Mr. Deegan earned a bachelor’s degree in Philosophy and Middle East Studies from the University of Notre Dame in 1992 and received his law degree from Wayne State University Law School in 1995. Prior to joining the office, he clerked for United States District Judge Lawrence P. Zatkoff in the Eastern District of Michigan. He also practiced law in Chicago where he represented small businesses in labor and employment related litigation. He is a member of the State Bars of Iowa and Michigan and an inactive member of the State Bar of Illinois. He lives in Cedar Rapids with his wife and seven children.
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Illegal Alien from Mexico Sentenced to Prison after Returning to the United States Following Two DeportationsRead the Press Release
A Mexican man who had previously been deported twice was sentenced on September 18, 2017, to 21 months in federal prison.
Abundio Garcia-Gonzalez, age 48, a citizen of Mexico who had been living in Iowa City, Iowa, received the prison term after a June 20, 2017, guilty plea to one count of illegal reentry of a removed alien after an aggravated felony conviction.
At the guilty plea, Garcia-Gonzalez admitted he illegally reentered the United States without permission after having been deported from the United States in 1997 and 2006. Garcia-Gonzalez, using various aliases, was also given voluntary returns to Mexico five additional times between 1993 and 1998. Garcia-Gonzalez, using an alias, was previously convicted in California in 1991 of the felony offense of selling cocaine. In 1996, Garcia-Gonzalez, using an alias, was convicted of the felony offenses of possession of cocaine and escape while felony charges are pending. Garcia-Gonzalez was also convicted in Indiana in 2002 of aggravated battery.
Garcia-Gonzalez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Garcia-Gonzalez was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Garcia-Gonzalez 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 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 17-CR-0033.
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Illegal Alien from Guatemala Sentenced to Prison after Returning to the United States Following DeportationRead the Press Release
A Guatemalan man who had previously been deported following a federal conviction for unlawfully using identification documents was sentenced on September 18, 2017, to two years in federal prison.
Luis Eduardo Toj-Gomez, age 25, a citizen of Guatemala who had been living in Postville, Iowa, received the prison term after a June 2, 2017, guilty plea to one count of illegal reentry of a removed alien after a felony conviction.
At the guilty plea, Toj-Gomez admitted he illegally reentered the United States without permission after having been deported from the United States in November 2015. Prior to his deportation, Toj-Gomez was convicted in July 2015 in the United States District Court for the Northern District of Iowa on two counts of unlawful use of identification documents, felony offenses. Toj-Gomez had also been convicted of assault causing bodily injury in Allamakee County, Iowa, and operating while under the influence of alcohol in Fayette County, Iowa.
Toj-Gomez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Toj-Gomez was sentenced to 24 months’ imprisonment. This sentence consisted of a 10-month sentence for violating the conditions of supervised release on the 2015 unlawful use of identification documents conviction and a 14-month sentence on the 2017 illegal reentry conviction. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Toj-Gomez 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 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 17-CR-1013.
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Clay County Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
A man who conspired to distribute methamphetamine pled guilty on Friday, September 15, 2017, in federal court in Sioux City.
Justin Stephen Ries, 49, from Milford, Iowa, was convicted of conspiracy to distribute methamphetamine.
In a plea agreement, Ries admitted that at the time of his June 12, 2017 arrest, he was in possession of approximately 380.5 grams of methamphetamine, 169.76 grams of marijuana, 0.51 grams of fentanyl/heroin, two fentanyl transdermal patches, twenty-nine unused syringes, an air pistol, and approximately $24,240 in United States currency. Ries was also in possession of an additional $634 in United States currency, which was found on his person.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ries remains in custody of the United States Marshal pending sentencing. Ries faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a $100 special assessment, and at least ten years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Ajay Alexander and was investigated by the Clay County Sheriff’s Office and Spencer Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4043.
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Felon Who Threatened to Kill a Woman Sentenced to Ten Years in Prison for Possessing a FirearmRead the Press Release
A man who threatened to kill a Cedar Rapids woman was sentenced September 13, 2017, to ten years in federal prison.
Darrell Junior Sims, age 29, of Cedar Rapids, Iowa, received the prison term after an April 21, 2017 jury verdict finding him guilty of being a felon in possession of a firearm.
The evidence at trial showed that during a phone call on January 27, 2017, Sims threatened to kill a female companion. When the woman asked what he planned to kill her with, Sims told her to look under her mattress. The woman looked under the mattress and found a loaded revolver and a loaded pistol. The woman contacted the United States Marshals Service, and two Deputy Marshals arrived and collected the firearms. While the deputies were collecting the firearms, Sims called the woman again. A deputy recorded the conversations, during which Sims accused the woman of allowing his guns to be stolen.
Sims was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. At the sentencing hearing, the judge found Sims obstructed justice during the case by sending a letter from jail to the woman’s father before trial. In the letter, Sims offered to compensate the woman’s father if the woman did not show up for trial. Sims was sentenced to the maximum sentence of imprisonment, 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
Sims 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 United States Marshals Service and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and 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 17-CR-5-LTS.
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Dubuque Man Sentenced to Six Years’ Imprisonment for Unlawfully Possessing a FirearmRead the Press Release
A man who was trafficking marijuana while unlawfully possessing a firearm was sentenced today to six years in federal prison.
Hombra Lavail Williams, age 40, from Dubuque, Iowa, received the prison term after a March 29, 2017, guilty plea to possessing a firearm as a felon, unlawful drug user, and domestic violence misdemeanant.
At the sentencing hearing, the judge found that Williams’s possession of the .45-caliber handgun facilitated his marijuana trafficking. Williams had numerous previous criminal convictions, including domestic violence abuse, operating a vehicle while intoxicated, and possessing heroin with intent to distribute.
Williams was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Williams was sentenced to 72 months’ imprisonment and a special assessment of $100 was imposed. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Williams 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 Drew O. Inman and investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1006-LTS.
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Dubuque Man Convicted of Selling Drugs That Killed One and Injured Two Others Sentenced to over 20 Years in PrisonRead the Press Release
A man who distributed heroin and a fentanyl analogue that caused an overdose death and two serious injuries was sentenced today to over 20 years in federal prison.
Antrell Desharron Lewis, age 24, of Chicago, Illinois, received the prison term after a four-day bench trial in February 2017. The Court returned a verdict on April 19, 2017, finding Lewis guilty of one count of conspiracy to distribute heroin and furanylfentanyl resulting in death and serious bodily injury, and one count of distributing heroin and furanylfentanyl resulting in death and serious bodily injury.
The evidence at trial showed that Lewis sold heroin to multiple customers in the Dubuque, Iowa, area in 2015 and 2016. His customers knew him as “Lucky” or “Five Star.” In early March 2016, four men from Maquoketa, Iowa, drove to Dubuque to purchase heroin from Lewis. Lewis and another man met with one of the Maquoketa men, and Lewis sold him a substance Lewis represented to be heroin. The Maquoketa men then drove to an apartment in Dubuque, where two of them met with another man and distributed some of the purported heroin to him. The two men who did not enter the apartment simultaneously used and overdosed on the purported heroin while sitting in the car. Emergency responders arrived at the scene and saved their lives using Narcan, an opiate reversal agent. The man inside the apartment used the purported heroin after emergency responders left the area. He was found deceased of a drug overdose approximately 18 hours later.
Drugs seized from the car and from the apartment tested positive for heroin and a substance called furanylfentanyl. Furanylfentanyl is a powerful synthetic opioid, and is an analogue of fentanyl. Under federal law, drugs that are similar to substances listed in the controlled substance schedules are considered “controlled substance analogues,” and it is illegal to distribute them just as it is to distribute substances such as cocaine, heroin, and marijuana.
Lewis was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Lewis was sentenced to 252 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Lewis 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 Dubuque Drug Task Force and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and was being prosecuted by Assistant United States Attorney Dan Chatham and Special Assistant United States Attorney Drew Inman.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-1045-LTS.
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Iowa Couple Sentenced for Fraud and Theft of Government FundsRead the Press Release
A couple who committed fraud against the government were sentenced for fraud and theft of government funds.
Kimberly Calles-Sheker, 43, and Oscar Calles, 44, both from Fort Dodge, Iowa, received their prison terms after May 16, 2017 and July 6, 2017, guilty pleas. Calles-Sheker pled guilty to one count of theft of government funds and Calles pled guilty to three counts of fraud or misuse of documents to obtain employment.
At the guilty plea hearings, Calles-Sheker admitted that from 1995 through April 2016, she improperly received benefits from the Supplemental Nutrition Assistance Program (SNAP); Family Investment Program (FIP); and Medical Assistance (Medicaid Title XIX). Eligibility for these programs is based on an applicant’s income, household composition and resources. Between about August 2012 and March 2016 Calles-Sheker and Oscar Calles resided together. During this time, Calles’s income was being deposited into a joint bank account with Calles-Sheker. Even though Oscar Calles was residing with Calles-Sheker and was employed, Calles-Sheker did not report his income when completing the required documentation for eligibility for these assistance programs. In fact, the only household income reported was approximately $753 in Social Security and Social Security Disability income that Calles-Sheker received each month. It has been determined their household received $32,080.57 in overpaid public assistance between November 2012 and April 2016. Oscar Calles admitted that he was an illegal alien from Mexico, but was employed by various employers and committed fraud by using the stolen identity of a deceased United States citizen, Francisco Aguilera to obtain and maintain employment in the United States. Specifically, Calles was employed at the following companies: D&H Poultry of Sibley, Osceola County, Iowa; Sparboe Farms of Eagle Grove, Iowa; Centrum Valley Farms of Clarion, Iowa; and Daybreak Foods, Inc. of Webster City, Iowa.
Both were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Calles-Sheker was sentenced to 5 years’ probation and was ordered to pay $32,080.57 in restitution to Iowa Department of Human Services. She must also pay a special assessment of $100. Calles was sentenced to time served of 191 days’ imprisonment. He must also pay a special assessment of $300. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Calles 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 Kevin C. Fletcher and Shawn S. Wehde and investigated by USDA-OIG, Iowa Department of Inspections and Appeals (IDIA), and U.S. Department of Homeland Security.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4010.
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Elgin Man Who Illegally Possessed Firearm Used in Deadly Shooting Pleads GuiltyRead the Press Release
A man who illegally possessed a firearm while being an unlawful user of marijuana pled guilty today in federal court in Cedar Rapids.
Daniel Henriksen, 30, from Elgin, Iowa, pled guilty to one count of possessing a firearm while an unlawful user of marijuana. In a plea agreement, Henriksen admitted that on June 17, 2016, he possessed a Glock 36, .45 caliber handgun. He also admitted that he was an unlawful user of marijuana at the time he possessed this firearm.
Court records allege that on or about June 17, 2016, law enforcement officers and emergency medical personnel responded to Henriksen’s home in Elgin after receiving a 911 call reporting that a four-year old boy had shot himself in the head. Once at the residence, they located a child suffering from a gunshot wound to his head. The child was transported to Palmer Lutheran Hospital in West Union, Iowa, where he was later pronounced dead.
Court records also allege that during the investigation of the child’s death, investigators determined that Henriksen was the owner of the firearm used in the shooting, which was a Glock 36, .45 caliber handgun. During a search of Henriksen’s residence, officers seized several items of drug paraphernalia, including marijuana smoking devices. Several of these items were analyzed at the Iowa Division of Criminal Investigation Criminalistics Laboratory and tested positive for marijuana.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Henriksen remains free on bond previously set pending sentencing. Henriksen faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Iowa Division of Criminal Investigation and the Fayette County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2021.
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