FEDERAL DISTRICT ARCHIVE
Northern District of Iowa
Press releases recorded for this federal judicial district.
Three Webster City Men Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
Three men who conspired to distribute methamphetamine were sentenced August 30, 2017, to 16 ½, 15 and 11 ½ years in federal prison.
Soon Phatdouang, 44; Touy Khamsai, 42 and Van Khamsai, 42 all from Webster City, Iowa, received the prison terms after their guilty pleas to conspiracy to distribute methamphetamine. Van and Phatdouang also pled guilty to a possession of a firearm in furtherance of a drug trafficking crime count. Touy pled guilty to a second count of distribution of methamphetamine, and agreed to a sentencing enhancement for possession of a firearm while distributing methamphetamine.
At the guilty plea, each admitted to their involvement in a conspiracy that distributed methamphetamine in the Webster City, area. On a number of occasions in the fall of 2016, Phatdouang, Van and Touy distributed and aided and abetted each other in the distribution of methamphetamine in controlled drug transactions with law enforcement. During a number of search warrants executed at the residences of Phatdouang, V. and T. Khamsai in Webster City on December 1, 2016, law enforcement officers seized approximately 26 pounds of methamphetamine, 30 pounds of marijuana, over $67,000 cash, and eleven firearms.
Each were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Phatdouang was sentenced to 200 months’ imprisonment; V. Khamsai was sentenced to 180 months’ imprisonment; and T. Khamsai was sentenced to 140 months’ imprisonment. A special assessment of $200 was imposed for each. T. Khamsai must also serve a 4-year term of supervised release; and Phatdouang and V. Khamsai must each serve a five-year term of supervised release after their respective prison terms. There is no parole in the federal system. Each 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 Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Hamilton County Sheriff’s Department, Webster County Sheriff’s Department and Webster City Police Department, Fort Dodge Police Department and the United States Marshall’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3053. Follow us on Twitter @USAO_NDIA.
Eastern Iowa Businessman Sentenced to Prison for Failing to Pay Employment Taxes and Violating Clean Water ActRead the Press Release
An Eastern Iowa businessman who failed to pay over employment taxes and violated the Clean Water Act by causing ethanol to be discharged into a tributary of the Maquoketa River, was sentenced today in federal court in Cedar Rapids to 15 months in federal prison, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sean R. Berry of the Northern District of Iowa.
Randy Less, from Delaware County, Iowa, received the prison term after a June 14, 2016 guilty plea to one count of willfully failing to account for and pay over employment taxes and one count of a Clean Water Act violation. At his guilty plea hearing, Less admitted he was the majority owner, a general partner, and the general manager of Permeate Refining, Inc., in Hopkinton, Iowa. In those roles, Less had the responsibility to collect, truthfully account for, and pay over to the Internal Revenue Service (IRS) federal employment, Social Security, and Medicare taxes withheld from his employees’ wages. At the sentencing hearing, the district court found Less was responsible for $654,921 in tax loss to the government because he did not account for and pay over employment taxes for Permeate during 2009 through 2012. Less also admitted that, in July 2013, he knowingly discharged or caused to be discharged ethanol into a water of the United States without a permit to do so.
“Mr. Less’s failure to pay over employment taxes for years was an attempt to dodge his obligations to his employees and to the United States. Our system and our citizens depend upon employers like Mr. Less to be honest and pay what they owe in employment taxes,” said Acting U.S. Attorney Berry. “Additionally, his pollution of an Iowa waterway is a serious matter and this prosecution demonstrates our commitment to protecting our state’s environment.”
“Those who violate their legal obligation to pay over employee withholdings are stealing from the U.S. Treasury and taking advantage of law-abiding businesses,” said Acting Deputy Assistant Attorney General Goldberg. “Employment tax enforcement will continue to be a top priority for the Tax Division.”
“There are often multiple victims associated with employment tax fraud to include the government and the employees,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Employers have a responsibility to withhold the proper amount of taxes and pay those taxes over to the IRS.”
“Illegal discharges of unpermitted wastewater into rivers and streams threaten public health, wildlife and water quality,” said Justin Oesterreich, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Iowa. “Enforcing the laws that protect our waters from pollution is an important way EPA safeguards the health of communities nationwide and ensures a level playing field for businesses that follow the rules.”
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Berry commended special agents of IRS Criminal Investigation, the FBI, the U.S. Postal Inspection Service, and the U.S. Environmental Protection Agency, who investigated the case, and Assistant U.S. Attorney Tim Vavricek of the Northern District of Iowa and Trial Attorney Matthew Hoffman of the Tax Division, who prosecuted the case.
In addition to the term of prison imposed, Chief U.S. District Court Judge Leonard T. Strand ordered Less to serve two years of supervised release, fined Less $10,000, imposed a $200 special assessment, and ordered Less to pay $8,673.30 in costs of prosecution. There is no parole in the federal system. Less was released on the bond previously set and is to surrender to the Bureau of Prisons in the near future.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-2002-LTS. Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Follow us on Twitter @USAO_NDIA.
Six Individuals Charged in Fraud Scheme Targeting Elderly Victims Throughout the United StatesRead the Press Release
Tobey Hines, Tiffany Reynolds, Joshua Willis, Payton McCarville, Morgan Cornell, and Paul Chase, all from Dubuque or surrounding areas, have been charged with wire fraud. The charges are contained in an Indictment filed August 24, 2017, in United States District Court in Cedar Rapids.
The Indictment alleges that from December 2015 through September 2016, the individuals participated in a scheme to defraud people throughout the United States and that the fraud was primarily targeted toward the elderly. The charges allege that participants in the fraud would call a person on the phone and falsely tell that person that a relative was in jail. The caller would then ask the victim to wire money via Western Union or Money Gram as bail money to get the relative released. The charges allege that participants in the fraud picked up the wire transfers and, eventually, some of the participants would send the money overseas.
Hines, Reynolds, Cornell, and Chase were arrested and appeared in federal court today. Willis and McCarville have not yet appeared in court. In addition, fourteen other individuals who are alleged to have participated were charged in the Iowa District Court for Dubuque County and arrested today.
Hines is being held without bond pending a detention hearing on August 31, 2017. Reynolds, Cornell, and Chase were released pending trial.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
Four other people have previously pled guilty to their role in a scheme to similarly defraud elderly victims. On March 2, 2017, Shawn Vaassen pled guilty and admitted that he 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. Finally, on May 19, 2017, Michael Marcov and Stephanie Marcov pled guilty and admitted they had participated in a scheme to defraud.
The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by 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-1038, 17-CR-1001, and 17-CR-1004.
Follow us on Twitter @USAO_NDIA.
Kenyan Man Charged with Illegally Possessing a FirearmRead the Press Release
Kevin Oscar Naholi, 40, a Kenyan citizen residing in southwest Cedar Rapids, Iowa, has been charged with one count of possessing a firearm as an alien unlawfully in the United States. The charge is contained in a Complaint filed today in United States District Court in Cedar Rapids.
The Complaint alleges that on or about early Friday evening, August 25, 2017, Naholi was observed outside his residence pointing a long gun towards passersby. When police responded to the scene Napoli retreated into his residence and an eleven-hour standoff ensued. Cedar Rapids Police sought to negotiate with Naholi during that time but he refused to come out of the residence. At about 4:30 a.m. on August 26, 2017, a special response unit of the Cedar Rapids Police Department safely entered the residence and took Naholi into custody.
The complaint alleges 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.
If convicted on the charge in the Complaint, Naholi would face 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 appeared today in federal court in Cedar Rapids and was ordered detained without bond. The United States has 30 days in which to present this case to a grand jury for a formal charging decision.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and is being 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-mj-289-CJW.
Follow us on Twitter @USAO_NDIA.
Omaha, Nebraska Man to Federal Prison for Drug Trafficking in IowaRead the Press Release
A man who conspired to distribute methamphetamine and distributed methamphetamine and cocaine was sentenced August 22, 2017, to 13 years in federal prison.
Jeremy Terrell, 28, from Omaha, Nebraska, received the prison term after an August 5, 2016, guilty plea to one count of conspiracy to distribute meth, one count of possession with intent to distribute meth and one count of possession with intent to distribute cocaine. Terrell had previously been convicted of distribution of crack cocaine in federal district court for the Northern District of Iowa in 2006 and had served a 46-month sentence.
At the guilty plea, Terrell admitted that from June 2015 through September 2015, he conspired to distribute methamphetamine in the Fort Dodge, Iowa, area. On August 14 and 28, 2015, law enforcement received information that Terrell was involved in drug trafficking conduct in Fort Dodge. On August 14, 2015, during Terrell’s attempted flight from law enforcement, officers observed he was attempting to destroy or conceal something as he ran from agents. After Terrell was captured, officers searched his travel path, recovered and seized approximately two ounces of cocaine. Terrell admitted he possessed this cocaine to distribute to other persons and had previously distributed several ounces of cocaine in Fort Dodge. Terrell also admitted receipt of ½ kilograms of cocaine by mail three other times, which he had distributed to several people in Fort Dodge. On August 28, 2015, law enforcement intercepted a mailed package intended for Terrell which contained three pounds of high-grade methamphetamine. On August 29, 2015, agents conducted a controlled delivery of the package containing the methamphetamine. After Terrell claimed the package, he again attempted to flee, but was captured by agents nearby with the methamphetamine. Terrell admitted receipt of the methamphetamine for distribution to other persons in Fort Dodge, Iowa.
Terrell was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Terrell was sentenced to 156 months’ imprisonment. A special assessment of $300 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. Terrell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Federal Bureau of Investigations, Fort Dodge Police Department, and Iowa Division of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-3051. Follow us on Twitter @USAO_NDIA.
Sac City, Iowa Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced August 18, 2017, to more than six years in federal prison.
Matthew Wessels, 36, from Sac City, Iowa, received the prison term after a March 15, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Wessels admitted that beginning on or about 2014 and continuing through about February 2016, he conspired to distribute at least 500 grams of actual (pure) methamphetamine. On August 26 and 27, 2014, and July 21, 2015, law enforcement conducted controlled purchases of methamphetamine (1 gram each) from Wessels. On February 26 and May 17, 2017, law enforcement seized about 15 grams of methamphetamine from Wessels’ vehicle and residence respectively. Wessels also admitted to the weekly acquisition of ¼ to 1 ounce quantities of methamphetamine and redistributing of smaller quantities thereof to numerous customers throughout central Iowa.
Wessels was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wessels was sentenced to 78 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. Wessels 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 Iowa Division of Narcotics Enforcement, Buena Vista County Sheriff’s Department, Sac County Sheriff’s Department, Sac City Police Department, and Iowa DCI Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-4082. Follow us on Twitter @USAO_NDIA.
Eagle Grove Man Charged with Child Sexual Exploitation OffensesRead the Press Release
Jason Marvets, age 30, of Eagle Grove, Iowa, has been charged with sexual exploitation of a child, enticement of a minor, extortion, destruction of evidence, and distribution, receipt, and possession of child pornography. The charges are contained in an Indictment filed on August 8, 2017 in United States District Court in Cedar Rapids.
The Indictment alleges that, between June 2016 and April 2017, Marvets persuaded, induced, and enticed a minor to produce depictions of sexually explicit conduct, that he threatened to distribute depictions of minors, that he caused another person to destroy evidence, and that he distributed, received, and possessed child pornography.
If convicted, Marvets faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $2,000,000 fine, $30,800 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Marvets appeared for a detention hearing today in federal court in Cedar Rapids and was held without bond. Marvets’ next appearance for trial is set for September 18, 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 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.
Follow us on Twitter @USAO_NDIA.
Dubuque Man Pleads Guilty to Robbing Bank, Illegally Possessing a Gun, and Selling HeroinRead the Press Release
A man who robbed a bank, possessed a gun as a felon, and sold heroin causing an overdose, all within the span of one year, pled guilty today in federal court in Cedar Rapids.
Gregory Stapleton, age 31, from Dubuque, Iowa, was convicted of aiding and abetting a bank robbery, distributing heroin, furanyl fentanyl, and acryl fentanyl resulting in serious bodily injury, and possessing a firearm as a felon.
Court documents show that Stapleton assisted in the robbery of the Fidelity Bank and Trust in Maquoketa, Iowa, on March 8, 2017. Stapleton visited the bank the day prior to the robbery in order to “case” the bank. During the robbery, Stapleton was parked across the street listening to a police scanner. Stapleton also provided his codefendant, Dante Rhodes, a vehicle for Rhodes to drive to Maquoketa and rob the bank. Rhodes pled guilty to the bank robbery earlier this month.
Stapleton’s drug and gun charges were contained in an Information that was filed on August 9, 2017. Stapleton admitted that, on January 8, 2017, he gave a mixture of heroin, furanyl fentanyl, and acryl fentanyl to another person. The heroin mixture sold by Stapleton caused an overdose in which the victim sustained serious bodily injury. Stapleton also admitted that he possessed a firearm on July 28, 2016. Stapleton has two prior drug felony convictions and was prohibited from possessing firearms.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Stapleton remains in custody of the United States Marshal pending sentencing. Stapleton faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,500,000 fine, $300 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Maquoketa Police Department, 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-1022.
Follow us on Twitter @USAO_NDIA.
Waterloo Man Charged with Unlawful Possession of Firearm and AmmunitionRead the Press Release
Wayne J. Jones, II, 38, from Waterloo, Iowa, has been charged with one count of unlawful possession of a firearm and ammunition as a convicted felon and unlawful drug user. The charge is contained in an Indictment filed August 9, 2017, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about April 12, 2017, Jones possessed a 9mm handgun, 10 rounds of hollow point ammunition, and 49 rounds of 20 gauge shotgun ammunition.
If convicted, 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 custody in Kenosha County, Wisconsin, completing service of a sentence imposed there in July of this year based upon his prior violation of terms of probation imposed in that County in 2002 following Jones’ convictions for battery and disorderly conduct.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation.
- file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-02058-LRR.
Follow us on Twitter @USAO_NDIA.
Dubuque Man Pleads Guilty to Robbing Maquoketa BankRead the Press Release
A man who robbed a bank and led police on a high speed chase pled guilty on August 7, 2017, in federal court in Cedar Rapids.
Dante Rhodes, age 41, from Dubuque, Iowa, was convicted of one count of bank robbery, stemming from the March 8, 2017 robbery of the Fidelity Bank and Trust in Maquoketa.
At the plea hearing, Rhodes admitted that he robbed the Fidelity Bank and Trust. Court records show that Rhodes entered the bank and handed a note to the teller demanding money. After the robbery, Rhodes led police on a high speed chase through Dubuque, colliding with multiple vehicles.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Rhodes remains in custody of the United States Marshal pending sentencing. Rhodes 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.
Gregory Stapleton, age 31, from Dubuque, has also been charged in the bank robbery. Stapleton told the Court that he intends to plead guilty to the bank robbery charge, although a plea hearing has not yet been scheduled.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Federal Bureau of Investigation, the Maquoketa Police Department, the Dubuque County Sheriff’s Office, and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1022.
Follow us on Twitter @USAO_NDIA.
Sergeant Bluff Woman Pleads Guilty to Making False Statements in Connection with a Highway ProjectRead the Press Release
A woman who made false statements in connection with a highway project pled guilty August 7, 2017, in federal court in Sioux City.
Jenna Danielle Wilson, 31, from Sergeant Bluff, Iowa, was convicted of one count of making false statements in connection with a highway project.
At the plea hearing, Wilson admitted that between January 28, 2016, and July 28, 2016, she knowingly made false representations, false reports, and false claims with respect to the cost of work performed or to be performed or materials furnished or to be furnished in connection with the construction of a highway or related project approved by the Secretary of Transportation. Wilson, while an officer of K&L Inc., submitted falsified Expanded Polystyrene Fill (EPS) invoices to general contractor, Godbersen-Smith Co., and ultimately, the Iowa Department of Transportation for stockpiled materials on the I-29 Sioux Interchange Project. In all, Wilson fraudulently increased the amounts on the Benchmark invoices by $807,637.10. Wilson’s fraudulent actions, in effect, amounted to Wilson wrongfully writing K&L a no-interest loan, in attempt to remedy K&L’s cash-flow problems. Depending on the methodology employed in the accounting analysis, (FIFO or LIFO) the interest cost Wilson saved K&L, through her fraudulent actions, was $34,432.02 or $34,501.61, respectively.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Wilson remains free on bond previously set pending sentencing. Wilson faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jamie Bowers and was investigated by the U.S. Department of Transportation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4045. Follow us on Twitter @USAO_NDIA.
Webster County Man Sentenced to Federal PrisonRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on August 2, 2017, to more than 15 years in federal prison.
Andrew Smith, 32, from Fort Dodge, Iowa, received the prison term after an April 7, 2017, guilty plea.
In a plea agreement, Smith admitted to having conspired to distribute over 5 kilograms of methamphetamine from 2012 through 2016. In or around August 2014, Smith received approximately 6.5 pounds of methamphetamine from his source. From the summer to fall of 2015, Smith received quantities ranging from an ounce to a half-pound of methamphetamine on numerous occasions, and distributed the methamphetamine to multiple customers in the Fort Dodge area.
Smith was sentenced in Sioux City by United States District Court Senior Judge Mark W. Bennett. Smith was sentenced to 188 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn Wehde and Special Assistant United States Attorney Ajay Alexander and investigated by the Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, Iowa Division of Criminal Division, and the Fort Dodge Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3048.
Follow us on Twitter @USAO_NDIA.
Wisconsin Man Charged with Child Sexual Exploitation OffensesRead the Press Release
Carson Sibley, age 26, of LaCrosse, Wisconsin, has been charged with sexual exploitation of a child, enticement of a minor, travel for the purpose of engaging in illicit sexual conduct, and the commission of these offenses while being required to register as a sex offender. The charges are contained in an Indictment filed on July 19, 2017 in United States District Court in Cedar Rapids.
The Indictment alleges that, between April and June 2017, Sibley persuaded, induced, and enticed a minor to engage in sexual activity and to produce depictions of sexually explicit conduct, and that he traveled across a state line to engage in illicit sexual conduct. The Indictment also alleges that Sibley was convicted of offenses relating to the distribution and possession of child pornography in Hawaii in 2013, and it alleges that he was required to register as a sex offender this year.
If convicted, Sibley faces a possible maximum sentence of life imprisonment, a $1,000,000 fine, $20,400 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Sibley appeared on July 31 in federal court in Cedar Rapids and was held without bond. Sibley’s next appearance for trial is set for September 18, 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 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.
Follow us on Twitter @USAO_NDIA.
Storm Lake Tax Return Preparer Sentenced in Federal Court for Preparing and Filing Fraudulent Tax ReturnsRead the Press Release
A woman who formerly operated her own tax return preparation business and prepared and filed fraudulent federal tax returns was sentenced to four years’ probation and ordered to pay a fine and restitution in federal court yesterday.
Toui Lo, age 56, from Storm Lake, received the sentence after a April 3, 2017, guilty plea to one count of aiding and assisting the preparation and filing of a false and fraudulent tax return.
In a plea agreement, Lo, who operated a tax return preparation business in Storm Lake, admitted she prepared and filed a false tax return on behalf of a client, fraudulently increasing the amount of the client’s refund by falsely claiming business expenses and various itemized deductions. Lo further admitted she filed multiple other similarly false tax returns between 2009 and 2013. Finally, at sentencing, Lo admitted that the false and fraudulent tax returns she prepared and filed resulted in more than $60,000 in unwarranted refunds for her clients.
Lo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Lo was sentenced to four years’ probation and fined $3,000. A special assessment of $100 was imposed, and she was ordered to make $61,137 in restitution to the Internal Revenue Service.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by Internal Revenue Service Criminal Investigation Division.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4017.
Follow us on Twitter @USAO_NDIA.
Sioux City Man Sentenced to Federal Prison for Failing to Register as a Sex OffenderRead the Press Release
A man who failed to register as a sex offender was sentenced August 2, 2017, to more than one year in federal prison.
Daniel Virgil Kleve, age 32, from Sioux City received the prison term after a March 20, 2017, guilty plea to one count of failure to register as a sex offender.
At the guilty plea, Kleve admitted that as the result of a 2007 conviction for possession of child pornography by a United States Army Court Martial, he was required to register as a sex offender under federal law. Between October 2015, and May 2016, he traveled in interstate commerce from Nebraska to Iowa, and failed to update his sex offender registration to reflect his employment in Iowa, as required by federal law.
Kleve was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Kleve was sentenced to 12 months’ and 1 day 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.
Kleve 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 Timothy Duax and investigated by United States Marshals’ Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-4081.
Follow us on Twitter @USAO_NDIA.
Media Advisory: Effective Communications with Persons with Disabilities WorkshopRead the Press Release
SIOUX CITY, Iowa – The United States Attorney’s Office and Deaf Iowans Against Abuse (“DIAA”) will present the “Effective Communications with Persons with Disabilities Workshop” on Wednesday, August 16, 2017, 9:00 a.m. – 5:00 p.m. at the Sioux City Public Library, 529 Pierce Street, Gleeson Room, Sioux City, Iowa.
This conference will cover the purposes and goals of Title II and Title III of the Americans with Disabilities Act, specifically in the area of effective communications for those who interact with persons who are hard of hearing, deaf, or blind. The morning session will focus on those who work in law enforcement, the courts, city managers, ADA coordinators, and public safety entities. The afternoon session will focus on those who work in the health care industry including hospital administrators, medical facilities and offices.
Featured speakers include Jennifer Upah‑Kyes, Executive Director of Deaf Iowans Against Abuse, Inc.; Katie Hayden, Assistant United States Attorney, Northern District of Iowa, Sioux City, Iowa; and Stephanie Wright, Assistant U.S. Attorney, Northern District of Iowa, Cedar Rapids.
“Recent events on both the national and local levels involving members of the deaf and hard-of-hearing community have proven that effective communication is vital,” said Jennifer Upah-Kyes, Executive Director of Deaf Iowans Against Abuse, Inc.
Sean Berry, Acting U.S. Attorney, Northern District of Iowa, added, “The Americans with Disabilities Act requires state and local government and private entities to ensure their communications with people with disabilities are as effective as communications with those without disabilities. This important training will assist participating organizations in their efforts to effectively communicate with persons who are hard of hearing, deaf, or blind. The training will also help persons with these disabilities to understand their rights when communicating with public and private entities.”
The training is free and open to the public. RSVPs are requested by August 9, 2017, but not required. Interested parties may register by contacting Stephanie Wright at Stephanie.Wright@usdoj.gov. United States Department of Justice, U.S. Attorneys’ Offices, will provide reasonable accommodations to people with disabilities. Requests should be made to Stephanie Wright, toll-free at (877) 398-2842, TTY (319) 286-9258, or e-mail at Stephanie.Wright@usdoj.gov, as early as possible, preferably, at least two weeks in advance of the conference. No attendee will be excluded from a presentation on the basis of a disability-related accommodation request.
Event Details
When: Wednesday, August 16, 2017
Where: Sioux City Public Library, 529 Pierce Street
Time: 9:00 a.m. – 5:00 p.m.
Follow us on Twitter @USAO_NDIA.
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 today to 16 months in federal prison.
Leonardo Vega-Martinez, age 40, a citizen of Mexico who had been living in Cascade, Iowa, received the prison term after a May 4, 2017, guilty plea to misuse of a Social Security Number and illegal reentry of a removed alien after a felony conviction.
In a plea agreement, Vega-Martinez admitted he illegally reentered the United States without permission after having been deported from the United States in 2009 and 2011. Vega-Martinez also admitted that after illegally returning to the United States, he used a fraudulent Social Security Number when he completed an Immigration Form I-9 in February 2013 to obtain employment at a company in Earlville, Iowa. Vega-Martinez was previously convicted in Texas in 2011 of illegal reentry of a removed alien, a felony offense. Vega-Martinez had also been convicted of operating a motor vehicle while under the influence of alcohol three times, including two times in Allamakee County, Iowa, where he was convicted under an alias.
Vega-Martinez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Vega-Martinez was sentenced to 16 months’ imprisonment. A special assessment of $200 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.
Vega-Martinez 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-2012-LRR.
Follow us on Twitter @USAO_NDIA.
Clarion Man Sentenced to 20 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
A man who received child pornography was sentenced yesterday to 20 years in federal prison.
Jonathan Sebert, age 25, from Clarion, Iowa, received the sentence after a February 9, 2017 guilty plea to one count of receipt of child pornography. At the plea hearing, Sebert admitted that, between 2012 and 2015, he knowingly received child pornography.
Sebert was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Sebert was sentenced to 240 months’ imprisonment. A special assessment of $100 was imposed, and Sebert must also serve a 20-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 Wright County Sheriff’s Office and 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 16-3054.
Follow us on Twitter @USAO_NDIA.
Former Union Vice-President/Treasurer Sentenced toRead the Press Release
A man who embezzled labor union assets, was sentenced July 26, 2017, to twelve months’ in federal prison.
Curtis Lang, 53, from Le Mars, Iowa, received the prison term after a May 8, 2017, guilty plea to one count of embezzlement and theft of labor union assets.
At the plea hearing, Lang admitted that from approximately 2005 to 2009 he was the vice president/treasurer of the United Dairy Workers of Le Mars, Iowa, and later, from 2011 through 2014, Lang was the president/treasurer of said union.
Over a period of approximately ten years, Lang embezzled over $98,000 in funds from union bank accounts. Lang acted alone in the embezzlement, and made efforts to hide the crime from other Union officials.
Lang was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Lang was sentenced to 12 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $95,223.49 in restitution to the United Dairy Workers of Le Mars. Lang must also serve a 3-year term of supervised release after the prison term, including a term of six months of home confinement with electronic monitoring. There is no parole in the federal system. At sentencing, Judge Bennett commented that, “Curtis Lang inflicted irreparable harm on the union.”
Lang was released on the bond previously set and is to surrender to the United States Marshal on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Jamie Bowers and investigated by the U.S. Department of Labor.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4016. Follow us on Twitter @USAO_NDIA.
Waterloo Man to Prison for Second Felon in Possession ConvictionRead the Press Release
A convicted felon who possessed a loaded handgun, a digital scale, and marijuana in December 2016, was sentenced today to seven years in federal prison.
John Daniel Forehand III, age 31, from Waterloo, Iowa, received the prison term after a March 20, 2017, guilty plea to being a felon in possession of a firearm.
At the guilty plea, Forehand admitted he possessed a loaded Smith and Wesson .22 caliber pistol on December 16, 2016. Evidence at an earlier hearing showed that Waterloo police officers found the pistol during a traffic stop. The pistol, which had an obliterated serial number, was in a bag that also contained a digital scale and a children’s cup, both of which also had marijuana residue. Forehand had previously been convicted of felony possession with intent to distribute marijuana and of being a felon in possession of a firearm.
Forehand was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Forehand was sentenced to 84 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.
Forehand 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 Waterloo Police Department 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-02006-LRR.
Follow us on Twitter @USAO_NDIA.
Waterloo Armed Career Criminal Sentenced to 15 Years in Federal Prison for Selling Stolen FirearmRead the Press Release
A man who sold a stolen firearm during an undercover sting operation was sentenced today to 15 years in federal prison.
Vernon Montrell Webster, age 44, from Waterloo, Iowa, received the prison term after a March 17, 2017, guilty plea to being a felon in possession of a firearm.
At the guilty plea, Webster admitted he unlawfully possessed a 44 Magnum revolver and 30 rounds of ammunition in July 2015. Testimony at an earlier hearing showed that Webster sold the revolver, which had previously been stolen, and ammunition to another individual during an undercover sting operation. Additional testimony showed that during another undercover operation in December 2016, Webster sold a bulletproof vest that had previously been stolen from a reserve police officer. At sentencing, the court noted that Webster had previously been convicted of felony burglary three times, and of one felony drug conviction.
Webster was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Webster was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Webster 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 Tri‑County Drug Enforcement Task Force and the 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-02005-LRR.
Follow us on Twitter @USAO_NDIA.
Three Dubuque Heroin Dealers Sentenced to Federal PrisonRead the Press Release
Two men who sold heroin and fentanyl that killed a Dubuque man in April 2016, and another man who sold heroin and illegally possessed a firearm were sentenced yesterday to federal prison.
Derrick Jermain Brown, age 26, was sentenced to 20 years’ imprisonment following his February 21, 2017 guilty plea to conspiring to distribute heroin and fentanyl within 1,000 feet of a playground and public elementary school. Antwain Deshaun Spratt, age 39, was sentenced to 20 years’ imprisonment following his December 2016 guilty plea to distributing heroin within 1,000 feet of a playground and a public elementary school and his February 2017 guilty plea to being a felon in possession of a firearm. Tywone Derrel Matthews, age 41, was sentenced to just under 6 years’ imprisonment after the court found him guilty on January 31, 2017 of distributing heroin near a playground and a public elementary school, distributing heroin and fentanyl near a playground and a public elementary school, and possessing with intent to distribute heroin and fentanyl near a playground and a public elementary school.
The court found Brown was a leader of a heroin and fentanyl distribution ring operating out of a residence on Iowa Street in Dubuque. Brown admitted to selling over 1 kilogram of heroin over the course of about three years. Brown also admitted that on April 11, 2016, a female heroin customer called Brown to order heroin from him. Following the call to Brown, Matthews left the Iowa Street residence, met with the customer, and distributed a mixture of heroin and fentanyl to her. The customer took the heroin/fentanyl mixture back to the residence she shared with her boyfriend, and she and her boyfriend injected some of it. After injecting the mixture, the female lost consciousness. When she awoke, her boyfriend was dead of an overdose. The court sentenced Brown and Matthews to additional time in prison for their roles in distributing the heroin and fentanyl mixture that caused the boyfriend’s death.
At his plea hearing in December 2016, Spratt admitted he sold heroin to another individual during an undercover operation. Evidence at a prior hearing showed that in April 2016, while a federal arrest warrant was pending on the heroin charge, Deputy United States Marshals found Spratt hiding in a closet in a Dubuque residence. Officers found a handgun in a clothes hamper outside the closet where Spratt was hiding. Spratt had previously been convicted of three prior drug felonies in Illinois, as well as felony theft and willful injury in Black Hawk County, Iowa.
Brown, Spratt, and Matthews were sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Brown was sentenced to 240 months’ imprisonment and a $100 special assessment. He must also serve an eight-year term of supervised release after the prison term. Spratt was also sentenced to a total of 240 months’ imprisonment. He must also serve a total of six years of supervised release after the prison term, and pay $200 in special assessments. Matthews was sentenced to a total of 71 months’ imprisonment, and six years’ supervised release after the prison term. He must also pay $300 in special assessments. There is no parole in the federal system.
All three men are being held in the United States Marshal’s custody until they can be transported to federal prisons.
Four other men were previously sentenced for their roles in distributing heroin and fentanyl in Dubuque. D’Anthony Lamont Moore was sentenced to 75 months’ imprisonment following his guilty plea to three counts of distributing heroin near a school and playground. Jeffery Donta Hitchcock was sentenced to 36 months’ imprisonment following his guilty pleas to distributing heroin near a college and playground. Antoine Tavares Mitchell was sentenced to 13 months’ imprisonment following his guilty plea to conspiring to distribute heroin. Antrell Desharron Lewis was sentenced to 18 months’ imprisonment for distributing heroin near a school and playground. Lewis was also subsequently convicted of distributing and conspiring to distribute heroin and furanylfentanyl resulting in death and serious bodily injury. He is awaiting sentencing on those charges
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 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 for Brown, Moore, Matthews, Spratt, and Hitchcock is 16‑CR‑01018-LTS. The case file number for Mitchell and Lewis is 16‑CR‑01017‑LTS. The other case file number for Lewis is 17-CR-00005-LTS.
Follow us on Twitter @USAO_NDIA.
Former Forest City Investment Adviser Pleads Guilty to Wire Fraud and Aggravated Identity TheftRead the Press Release
A former Forest City investment adviser, who stole money from clients to fund the operation of an ethanol plant in Hopkinton, pled guilty yesterday in federal court in Cedar Rapids.
Darrell Smith, age 61, from Forest City, Iowa, was convicted of Wire Fraud and Aggravated Identity Theft. Smith’s guilty pleas follow his conviction in federal court and 13-month prison sentence last year for tax fraud.
Smith’s admissions at the plea hearing and evidence presented in prior court proceedings established that he was a broker and adviser for several investment firms. From 2010 to 2013, Smith caused funds to be withdrawn from his investment clients’ accounts without his clients’ knowledge or authorization. The funds were transferred to Energae, LP, a partnership Smith previously had formed with another individual to invest in different bio-energy companies. Smith then used those funds to pay expenses related to the operation of Permeate Refining, LLC, which operated a now-defunct ethanol plant in Hopkinton. In order to transfer funds from client accounts, Smith used authorizations purportedly signed by the client authorizing the withdrawal of funds from the investment account. He either forged his clients’ signatures on the authorizations or used pre-signed, blank authorization forms. In 2013, Smith consented to having his securities agent license and insurance producer license in the State of Iowa revoked.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Smith remains in custody of the United States Marshal after a detention hearing on May 3, 2017. At the detention hearing, Judge Reade found Smith was “a serious risk” to “obstruct justice or attempt to obstruct justice.” The Court noted that, while on pretrial release in 2016, Smith had violated a no-contact order, made misrepresentations to the Court, and distributed a report to prospective investors that contained several misrepresentations. The Court also found Smith was a continuing “financial danger” to the community.
Smith faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 22 years’ imprisonment, a fine, $200 in special assessments, and 4 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation, the United States Postal Service Inspection Service, Internal Revenue Service-Criminal Investigation, and the United States Department of Agriculture, Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-2030-LRR and 17-MJ-111-LRR.
Follow us on Twitter @USAO_NDIA.
Meth Dealer Who Possessed over 20 Guns to Serve More Than 13 Years in Federal PrisonRead the Press Release
An Iowa man who sold methamphetamine for over a year and who possessed over 20 firearms, including a stolen firearm, was sentenced on July 24, 2017, to more than 13 years in federal prison.
Shawn Chevchuc, age 45, from Lime Springs, Iowa, received the prison term after a March 1, 2017, guilty plea to conspiracy to distribute methamphetamine and possession of firearms by a felon.
At the guilty plea, Chevchuc admitted he was involved with others in selling methamphetamine from 2015 through 2016. Information disclosed during the sentencing hearing indicated that, during this time period, Chevchuc was involved with selling over two kilograms of methamphetamine. He also possessed over 20 firearms, including one firearm that had been previously stolen during a burglary. Chevchuc had multiple prior burglary and drug convictions and was prohibited from possessing any firearms because he was a felon.
Chevchuc was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Chevchuc was sentenced to 160 months’ imprisonment. A special assessment of $200 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.
Chevchuc 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 Division of Narcotics Enforcement (DNE), the Iowa Division of Criminal Investigation, the Iowa State Patrol, the Mitchell County Sheriff’s Office, the Hancock County Sheriff’s Office, the Winneshiek County Sheriff’s Office, the Decorah Police Department, and the Bureau of Alcohol, Tobacco, and Firearms (ATF).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-2056-LTS.
Follow us on Twitter @USAO_NDIA.
Former Tama Police Chief Sentenced to Federal Prison for Stealing Guns and Vehicles from Tama Police Department and Lying to Federal AgentRead the Press Release
The former chief of police of the Tama Police Department who stole and pawned a Tama police service weapon, two other guns held by the police department as evidence, multiple vehicles impounded by the police department, and then lied to a FBI Special Agent who was investigating those thefts was sentenced to federal imprisonment in federal court in Cedar Rapids.
Jeffrey Filloon, age 48, from Toledo, Iowa, received the prison term after a February 9, 2017, guilty plea to one count of possessing, selling, and disposing of a stolen firearm and one count of making false statements to a FBI Special Agent.
In a plea agreement, Filloon admitted that, while serving as the Tama Police Chief from July 2013 through August 2015, he stole and sold property, including three guns and four vehicles that were in police impound, from the Tama Police Department for his own personal benefit. Filloon further admitted that he lied to a FBI Special Agent who was conducting an investigation into the missing property by claiming he had bought one of the impounded vehicles he took and sold when, in fact, Filloon had not bought it from the individual he claimed sold it to him.
Filloon was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Filloon was sentenced to two months’ imprisonment and fined $5,000. A special assessment of $200 was imposed, and he was ordered to make $1,625 in restitution to the victims of his crimes, including the City of Tama. He must also serve a two-year term of supervised release after the prison term.
Filloon was released on bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Iowa Division of Criminal Investigation and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-95.
Follow us on Twitter @USAO_NDIA.
Two Linn County Men Charged with Theft of Forty-Eight FirearmsRead the Press Release
John Gillespie, age 18, from Cedar Rapids, Iowa, and Jeremy Reynolds, age 18, from Hiawatha, Iowa, have been charged with one count each of theft of firearms from a licensed firearms dealer in United States District Court in Cedar Rapids. Reynolds is charged in an Indictment filed on July 18, 2017. Gillespie is charged in an Information filed on July 14, 2017. Both Reynolds and Gillespie were previously charged in complaints and were previously detained by the court.
If convicted, both defendants face not more than 10 years’ imprisonment without the possibility of parole, a $250,000 fine, $100 in special assessments, and not more than 3 years of supervised release following any imprisonment.
Reynolds appeared on July 19, 2017, in federal court in Cedar Rapids for his arraignment. Reynolds’ next appearance for trial is set for September 18, 2017.
Gillespie is scheduled to appear in federal court in Cedar Rapids for an arraignment on August 3, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hiawatha Police Department, the Cedar Rapids Police Department, and the Loves Park Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
Gillespie’s case file number is 17-Cr-00050 and Reynolds’ case file number is 17-Cr-00051
Follow us on Twitter @USAO_NDIA.
Ossian Brothers Charged with Distributing Heroin, Fentanyl and Illegally Possessing FirearmsRead the Press Release
Brothers Kaleb and Cole Breitsprecher, ages 22 and 24, respectively, from Ossian, Iowa, have been charged in a federal Indictment with distributing heroin and fentanyl, and possessing firearms as drug users. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about April 5, April 18, and May 19, 2017, Kaleb Breitsprecher distributed heroin to another person. It also alleges that on or about May 2, 2017, Cole Breitsprecher distributed fentanyl to another person. Both men are charged with being unlawful drug users in possession of multiple firearms on or about June 6, 2017.
If convicted on all charges, Kaleb Breitsprecher faces a possible maximum sentence of 70 years’ imprisonment, $3,250,000 in fines, $400 in special assessments, and up to a lifetime term of supervised release following any imprisonment. Cole Breitsprecher faces a possible maximum sentence of 30 years’ imprisonment, $1,250,000 in fines, $200 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
Both men appeared today in federal court in Cedar Rapids. Their next appearances for detention hearings are set for July 25, 2017, at 4:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being investigated by the Northeast Iowa Drug Task Force and Iowa Division of Narcotics Enforcement, 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-2053.
Follow us on Twitter @USAO_NDIA.
Nineteen Black Hawk County Men Charged with Federal Drug Trafficking and Firearms OffensesRead the Press Release
Nineteen Black Hawk County men have been charged with federal drug trafficking and firearms offenses. The charges are contained in five indictments unsealed today in United States District Court in Cedar Rapids.
In one indictment, Naiqondis Maurice Spates, age 32, Devonte Denterrio Jenkins, age 25, and Gary Lind Krueger, age 70, all from Waterloo, Iowa, were charged with conspiracy to distribute cocaine base and other drug trafficking offenses.
In a second indictment, Alston Ray Campbell, Jr., age 34, Alston Ray Campbell, Sr., age 63, William Marcellus Campbell, age 42, Willie Junior Carter, age 44, Alexander Martin, age 49, John Dwayne Phillips, 49, and Darius Fontaine Shears, age 30, all from Waterloo, Iowa, were charged with conspiracy to distribute cocaine base and other drug trafficking offenses. Shears was also charged with possessing a firearm as a felon.
In a third indictment, Keylynn Landon Goldsmith, age 31, Ronald Corey, age 60, Corey Demarcus Jones, age 36, Michael Earl Snow, age 40, Melvin Maurice Grubbs, age 35, Deon Marcell Goldsmith, age 36, all from Waterloo, Iowa, and Gregory Porter Washington, age 38, from Evansdale, Iowa, were charged with conspiracy to distribute cocaine base and other drug trafficking offenses.
In additional indictments, Durius Antwan Davis, age 25, from Waterloo, Iowa, was charged with possessing a firearm and ammunition as a felon, and Johnston Phillips, age 64, from Waterloo, Iowa, was charged with possessing a firearm as a felon and distributing cocaine base.
All defendants face a maximum term of imprisonment of at least twenty years. Some face a maximum term of life imprisonment.
Alston Campbell Jr., Alston Campbell Sr., William Campbell, Carter, Corey, Davis, Deon Goldsmith, Grubbs, Jenkins, Jones, Krueger, Martin, Johnston Phillips, Snow, Spates, and Washington appeared today in federal court in Cedar Rapids and were held in custody pending detention hearings on July 24, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The cases are being prosecuted by Assistant United States Attorneys Ravi T. Narayan and Emily K. Nydle and were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-2043, 17-CR-2045, 17-CR-2049, 17-CR-2050, and 17-CR-2051.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Convicted of Distributing Heroin and Fentanyl that Caused Near-Death OverdoseRead the Press Release
A man who distributed heroin laced with fentanyl that caused a near-fatal overdose was convicted by a jury on July 19, 2017, after a three-day trial in federal court in Cedar Rapids.
Cordero Robert Seals, age 29, from Cedar Rapids, Iowa, was convicted of one count of distribution of heroin and fentanyl resulting in serious bodily injury and one count of possession with intent to distribute heroin and fentanyl. The verdict was returned this afternoon following about 3 hours of jury deliberations.
The evidence at trial showed that Seals sold heroin laced with fentanyl to a man in November 2016. Seals and the man then drove to a convenience store on First Avenue SE in Cedar Rapids, where the man entered the store’s bathroom and injected the heroin/fentanyl mix. Surveillance video from the store showed that about two minutes after the man left the bathroom, he lost consciousness and collapsed at the gas pump. The video showed Seals re-entering the convenience store after the man overdosed, and then looking out to the pumps where the man had collapsed. Seals then left the area without returning to the man’s vehicle. Trial evidence also showed that in April 2017, Seals was arrested for an outstanding warrant by Cedar Rapids Police. During a search, officers found six baggies of heroin laced with fentanyl, as well as nearly $3,800 in cash, in his pockets.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Seals remains in custody of the United States Marshal pending sentencing. Seals faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $200 in special assessments, and a lifetime term of supervised release following any imprisonment.
The case was investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR17-00028-LRR.
Follow us on Twitter @USAO_NDIA.
Jury Convicts Man for Being in United States IllegallyRead the Press Release
A man who was found illegally in the United States was convicted by a jury on July 18, 2017, after a 1 ½-day trial in federal court in Sioux City.
Ricardo, Cordova-Larios, 42, from Guatemala, was convicted of illegally residing in the United States. The verdict was returned this morning following about 30 minutes of jury deliberations.
The evidence at trial showed that Cordova-Larios was an illegal alien from Guatemala and was removed from the United States to Guatemala on or about March 4, 2014. Cordova-Larios was found in the United States on or about April 10, 2017, and did not receive the consent of the Secretary of Homeland Security to apply for readmission to the United States after his removal. The evidence also proved Cordova-Larios re-entered (likely in March 2014) the United States without permission after his removal.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Cordova-Larios remains in custody of the United States Marshal and will remain in custody pending sentencing. Cordova-Larios faces a possible maximum sentence of two years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by U.S. Immigration and Customs Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4033.
Follow us on Twitter @USAO_NDIA.
Three Cedar Rapids Men Plead Guilty to Fraud Charges, Including Counterfeiting, Possession of Stolen U.S. Mail, and Aggravated Identity TheftRead the Press Release
Three men have pleaded guilty in federal court in Cedar Rapids to various fraud charges, including counterfeiting, possession of stolen United States Mail, and aggravated identity theft.
Joshua Chalk, 31, from Cedar Rapids, Iowa, was convicted of Manufacturing Counterfeit Currency and Aggravated Identity Theft. At his plea hearing on July 17, 2017, Chalk admitted he manufactured a $100 bill in March 2017. Chalk was making counterfeit currency to purchase pizza and other items in the Cedar Rapids, Iowa, area. Chalk provided counterfeit bills to his girlfriend, who ordered the pizzas. Chalk also admitted he participated in a bank fraud scheme with Kevin Kappmeyer and Darrell Turner to remove checks drawn on the accounts of various banks from stolen mail, alter the payee names on the checks, and then attempt to cash those checks. Chalk admitted he attempted to cash an altered check on December 26, 2016, at a local check cashing company.
Darrell Turner, 50, from Cedar Rapids, Iowa, was convicted of Possession of Stolen Mail Matter and Aggravated Identity Theft. At his plea hearing on April 18, 2017, Turner admitted he possessed a check that had been contained in mail stolen from a Cedar Rapids mailbox. Turner tried to cash the check on January 6, 2017, at a local bank.
Kevin Kappmeyer, 50, from Cedar Rapids, Iowa, was convicted of Possession of Stolen Mail Matter and Aggravated Identity Theft. At his plea hearing on June 28, 2017, Kappmeyer admitted he possessed a check that had been contained in mail addressed to a company in Marion, Iowa, that was stolen. Kappmeyer cashed the check on January 4, 2017.
“Postal Inspectors are committed to protecting the U.S. Mail and postal customers from criminal attack,” said Craig Goldberg, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service, which includes Iowa. “These guilty pleas reflect the successful teamwork between the Postal Inspection Service and its local law enforcement partners who worked together to bring justice to the victims in this case and to help restore the public’s trust in the U.S. mail,” said Goldberg.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared for each defendant. All three men remain in custody of the United States Marshal pending sentencing. Chalk faces up to 22 years’ imprisonment, a $500,000 fine, $200 in special assessments, and four years of supervised release following any imprisonment. Turner and Kappmeyer face up to 7 years’ imprisonment, a $500,000 fine, $200 in special assessments, and four years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service, the Cedar Rapids Police Department, and the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-17-LRR, 17-CR-44-LRR, and 17-CR-47-LRR.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A man who distributed child pornography pled guilty today in federal court in Cedar Rapids.
Scott Ristine, age 40, from Cedar Rapids, Iowa, was convicted of 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.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Ristine remains in custody of the United States Marshal pending sentencing. Ristine faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ 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 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.
Follow us on Twitter @USAO_NDIA.
Heroin Dealer Who Injured Police Officer Sentenced to PrisonRead the Press Release
A man who injured a police officer as that officer was arresting him for heroin possession was sentenced on July 7, 2017, to 20 months in federal prison.
Albert McReynolds, age 28, from Cedar Rapids, Iowa, received the prison term after an April 12, 2017, guilty plea to possession of heroin with intent to distribute.
At the guilty plea, McReynolds admitted he intended to sell the heroin that was in his possession. Information presented at the sentencing indicated that McReynolds also told officers that he would trade some of the heroin to women for sex. When police found McReynolds in possession of a large quantity of heroin, McReynolds resisted arrest and fought with officers. One police officer received a concussion during the attempt to arrest McReynolds.
McReynolds was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. McReynolds was sentenced to 20 months’ imprisonment. A special assessment of $100 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.
McReynolds 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 Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; 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 17-CR-00009.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Sentenced to More Than Seven Years in Federal Prison for Unlawfully Possessing a Gun and AmmunitionRead the Press Release
A convicted felon who possessed a gun and ammunition and discharged the gun inside a Cedar Rapids apartment building was sentenced today to more than seven years in federal prison.
Brian Lee Brown, age 39, from Cedar Rapids, Iowa, received the prison term after a March 2, 2017, guilty plea to one count of being a convicted felon in possession of ammunition. While imposing the sentence, the Court noted that Brown had an extensive criminal history going back to age 18 and that he had a history of violence. The Court also noted that Brown possessed a rifle and live ammunition and that he discharged the rifle in his apartment. The round went through his apartment wall and into an adjacent apartment. A woman and two children were in that apartment, but no one was injured.
Brown was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Brown was sentenced to eighty-seven 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. Brown 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 Anthony Morfitt 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 16-CR-96.
Follow us on Twitter @USAO_NDIA.
Illegal Alien Sentenced to Federal Prison for Iowa-Minnesota Meth ConspiracyRead the Press Release
A man was sentenced June 30, 2017, to six years in federal prison for conspiracy to distribute methamphetamine.
Javier Martinez, 50, from Mexico received the prison term after a guilty plea on March 23, 2017, to conspiracy to distribute methamphetamine.
At his guilty plea hearing, Martinez admitted his involvement in a conspiracy that distributed at least 1,500 grams of actual (pure) methamphetamine from 2015 through September 2016 in Minnesota and Iowa. Martinez also admitted to purchasing about 4-12 grams of methamphetamine 3 to 4 times per week for about one year from Rogelio Garcia-Jimenez for further re-distribution.
Martinez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Martinez was sentenced to 72 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 2-year term of supervised release after the prison term. Martinez 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 was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force; and Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4084. Follow us on Twitter @USAO_NDIA.
Clarion Man Sentenced to 20 Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
A man who sexually exploited a child was sentenced today to 20 years in federal prison.
Skyler Wyatt, age 26, from Clarion, Iowa, received the sentence after a January 25, 2017 guilty plea to one count of sexual exploitation of a child. At the plea hearing, Wyatt admitted that, in 2016, he knowingly used a child to produce child pornography.
Wyatt was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Wyatt was sentenced to 240 months’ imprisonment. A special assessment of $100 was imposed, and Wyatt must also serve a seven-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 Wright County Sheriff’s Office and the Webster County Sheriff’s Office.
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 16-3045.
Follow us on Twitter @USAO_NDIA.
Two Illegal Aliens and One United States Citizen Plead Guilty to Selling Identification Documents and Aggravated Identity TheftRead the Press Release
Two illegal aliens and a United States citizen who sold real identification documents belonging to United States citizens pled guilty this week in federal court in Cedar Rapids.
Ari Hernandez-Chacon, age 47, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, was convicted of 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 identity documents he sold belonged to real people who had no arrest records to avoid problems for the person using the stolen identities.
Magali Marroquin-Garcia, age 37, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, was convicted of 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.
Elba Torres, age 56, a United States citizen from Bettendorf, Iowa, was convicted of one count of conspiracy to possess with intent to transfer identification documents and one count of aggravated identity theft. In a plea agreement, Torres admitted that between June 2015 and March 2017, she conspired with Hernandez-Chacon and Marroquin-Garcia to unlawfully sell Social Security cards she knew belonged to United States citizens. Torres sold an undercover agent identification documents, including Social Security cards and birth certificates, on September 1, 2016, September 16, 2016, and November 29, 2016.
Sentencings before United States District Court Judge Linda R. Reade will be set after presentence reports are prepared. Hernandez-Chacon and Marroquin-Garcia remain in custody of the United States Marshal pending sentencing. Torres remains free on bond previously set. Hernandez-Chacon, Marroquin-Garcia, and Torres each face a possible maximum sentence of 15 years’ imprisonment on the possession of identification documents count and a mandatory sentence of 2 years’ imprisonment to be served consecutively on the aggravated identity theft count. They each also face a $500,000 fine, $200 in special assessments, and 3 years of supervised release following any imprisonment.
The case is 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.
Follow us on Twitter @USAO_NDIA.
Dubuque Man Sentenced to Two Years in Federal Prison for Operating a Motor Vehicle While Intoxicated While on Federal Court SupervisionRead the Press Release
A man who violated the terms of his supervised release by operating a motor vehicle while intoxicated was sentenced today to two years in federal prison.
Thomas Schaller, age 46, from Dubuque, Iowa, received the prison term after a court hearing where he admitted operating a motor vehicle while intoxicated. Schaller was originally sentenced in March 2005, on one count of attempting to manufacture pure methamphetamine and one count of possession of firearms by an unlawful drug user. Schaller began a five-year term of supervised release following his release from prison in August 2013. One of the conditions of supervision was that Schaller not enter bars or drink alcohol.
At the supervised release revocation hearing, Schaller admitted that on June 10, 2017, he drove his car into the rear of a Dubuque County Sheriff’s patrol car. The patrol car was parked on the side of the road, with the roof-top emergency lights on, and a sheriff’s deputy who was just completing a traffic stop with another vehicle was in the patrol car. Schaller tested at a blood alcohol level of .208, well above the threshold level of .08 for driving while intoxicated.
Schaller was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Schaller was sentenced to 24 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Schaller 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 Dubuque County Sheriff’s Department and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 04-CR-1011.
Follow us on Twitter @USAO_NDIA.
Community Event to Focus on Ex-Offender EmploymentRead the Press Release
The Cedar Rapids Civil Rights Commission is partnering with the United States Attorney’s Office for the Northern District of Iowa, and other local agencies, in hosting “The Overlooked Workforce: A Community Discussion” on June 29, 2017 from 9:30 a.m. through 2:30 p.m., at the downtown library. The United States Attorney’s Office will facilitate a reentry simulation activity beginning at 1:00 p.m.
The simulation activity provides participants with the opportunity to “step inside the shoes” of someone being released from prison, to allow them to see the obstacles that exist in an ex-offender’s transition from prison back to the community. In addition to the simulation, the event will also feature panel discussions featuring ex-offenders who are returning to the community and employers who have successfully utilized this largely untapped workforce.
LaSheila Yates, the Executive Director of the Cedar Rapids Civil Rights Commission, and the City’s Chief Diversity Officer, encouraged employers and other interested community members to attend. “We have been afforded an opportunity to host a community storytelling event surrounding thought provoking experiences of ex-offenders seeking employment. We also have the rare occasion to hear from employers that saw past an individual’s background and successfully hired them. Through these dialogues, we hope to foster a safe learning environment where employers, housing providers, and community members can examine an area of diversity and inclusion in the workplace that is commonly overlooked,” Yates said.
Acting United States Attorney Sean Berry indicated that the United States Attorney’s Office continues to be supportive of community reentry efforts, noting that, “It is great to see so many local agencies partnering together to host such an important event. Employment is one of the primary indicators of whether someone coming out of prison will recidivate. Assisting in the transition from prison back to the community can have a direct positive impact on public safety.”
The event is sponsored by the Cedar Rapids Civil Rights Commission. In addition to the United States Attorney’s Office, other partners include the City of Cedar Rapids, IowaWORKS, America’s Job Honor Awards, the RISE program, the Adult Mentoring Program, and the Sixth Judicial District Department of Correctional Services.
Follow us on Twitter @USAO_NDIA.
Dubuque Duo Charged with Maquoketa Bank RobberyRead the Press Release
Dante Rhodes, age 41, and Gregory Stapleton, age 31, both from Dubuque, Iowa, have been charged with two counts related to a March 2017 bank robbery. The charges are contained in an Indictment filed on June 21, 2017, in United States District Court in Cedar Rapids. Rhodes and Stapleton were initially charged in a Criminal Complaint filed in federal court on May 22, 2017.
The Indictment alleges that, on or about March 8, 2017, Rhodes and Stapleton robbed the Fidelity Bank and Trust in Maquoketa, Iowa, taking over $6,500.00 during the robbery. The Indictment also alleges that Rhodes and Stapleton conspired to rob the bank and that Stapleton went to the bank the day prior to the robbery to “case” the bank.
If convicted of both charges, Rhodes and Stapleton each face a possible maximum sentence of 25 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 6 years of supervised release following any imprisonment. They may also be ordered to pay restitution.
Both Rhodes and Stapleton will appear for an arraignment on June 28, 2017 at 3:00 p.m. They are currently being held in custody without bond.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Federal Bureau of Investigation, the Maquoketa Police Department, and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1022-LTS.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Sentenced to 15 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
A man who received child pornography was sentenced June 20, 2017 to 15 years in federal prison.
Donald Etheredge, age 51, from Cedar Rapids, Iowa, received the sentence after a March 8, 2017 guilty plea to one count of receipt of child pornography. At the plea hearing, Etheredge admitted that, between 2013 and 2015, he knowingly received child pornography. He also admitted that he was convicted of shipment and transportation of child pornography in the Northern District of Iowa in 2004.
Etheredge was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Etheredge was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed, and Etheredge must also serve a 20-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 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 17-2.
Follow us on Twitter @USAO_NDIA.
West Des Moines Man Pleads Guilty to Providing False Documents during Civil False Claims Act Investigation and Agrees to Pay Almost $900,000 to Resolve the Civil 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 pled guilty today in federal court in Cedar Rapids.
James O’Connor, 64, from West Des Moines, Iowa, was convicted of 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, 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, for purposes of sentencing, he caused nearly $350,000 in loss.
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.
In addition, because a private citizen, known as a relator, filed a tam, or whistleblower, lawsuit raising the civil allegations, O’Connor agreed to pay the relator’s law firm an additional $51,476.92 in fees. The relator is also entitled to receive $224,630.77 (25%) of the nearly $900,000 recovery pursuant to the 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.
“This result shows that our office will use every available tool to ensure Medicare and Medicaid beneficiaries receive the care to which they are entitled and government funds are well spent,” said Acting United States Attorney Sean R. Berry. “Our office encourages citizens to report fraudulent conduct by health care providers to help us ensure fair and efficient health systems throughout the district. Targets of those investigations are on notice that we will not tolerate any dishonesty or fraudulent activity during the course of an investigation.”
Steve Hanson, Special Agent in Charge, United States Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “In order to protect our Medicare and Medicaid programs from unscrupulous health care providers, our office will continue to work with our law enforcement partners to pursue those who overbill our programs for services they did not provide to our beneficiaries.”
This case is one of more than 20 monetary settlements reached with health care providers by the United States Attorney’s Office for the Northern District of Iowa since June 2013. It is also the second successful resolution of a qui tam lawsuit during this period. In both instances private parties shared in the government’s recovery.
For the criminal matter, sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. O’Connor remains free on bond previously set. O’Connor faces a possible maximum sentence of 5 years’ imprisonment; a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; a $100 special assessment; and 3 years of supervised release following any imprisonment.
The criminal case is being 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 case file number is 17-39.
Follow us on Twitter @USAO_NDIA.
Deputy Attorney General Recognizes Northern District of Iowa ProsecutorRead the Press Release
Anthony Morfitt, Assistant United States Attorney in the U.S. Attorney’s Office in the Northern District of Iowa, was one of 179 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 33rd Director’s Awards Ceremony on Friday, June 16, 2017, in Washington D.C.
The Northern District of Iowa was one of 35 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his prepared remarks, Deputy Attorney General Rosenstein told the awardees, “These 179 award recipients embody the best of the Department of Justice . . . . Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”
Morfitt was recognized for his outstanding efforts in the prosecution of violent crime in Indian Country. In the past several years, Morfitt successfully prosecuted two cases arising out of three murders that happened within six weeks of each other in a tribal community of less than 2000 people. Morfitt ably and sensitively handled the presentation of medical and cultural evidence to rebut an insanity defense at the trial of one of those cases. Morfitt’s work has significantly increased the safety of the tribal community.
“Through his outstanding work, Assistant United States Attorney Morfitt helped secure justice following three tragic murders,” said Acting United States Attorney Sean Berry. “I am happy that Tony’s excellent work has been recognized through this well-deserved and prestigious award.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Follow us on Twitter @USAO_NDIA.
Dubuque Man Sentenced to 99 Months in Federal Prison for Possessing Methamphetamine and Guns at a Home Where Children Were PresentRead the Press Release
A man who possessed methamphetamine with intent to distribute it in a home where children were present and lived and who also illegally possessed guns was sentenced June 12, 2017, to more than eight years in federal prison.
Brian Paul Kamm, age 34, from Dubuque, Iowa, received the prison term after a March 9, 2017, guilty plea to one count of possession with intent to distribute a controlled substance on a premises in which individuals under the age of 18 were present and resided and one count of possession of firearms and ammunition by a drug user.
At the guilty plea, Kamm admitted that on August 4, 2016, he was in possession of at least 35 grams of pure methamphetamine in his house, which he intended to distribute to another person. Kamm also admitted that there were two minors present and that they resided at the house at the same time he possessed the methamphetamine there. Kamm further admitted possessing three handguns and ammunition, while he was an unlawful user of marijuana and methamphetamine.
Kamm was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Kamm was sentenced to a total of 99 months’ imprisonment on the drug charge with 17 months of the sentence specifically assessed due to the minors being present and residing at the residence. A special assessment of $200 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.
Kamm 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 Dubuque Police Department, the Dubuque Drug Task Force 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-01002-001.
Follow us on Twitter @USAO_NDIA.
Former Delhi City Clerk Pleads Guilty to Theft of City FundsRead the Press Release
A woman who used her position as the city clerk for the City of Delhi to steal city funds pled guilty on June 9, 2017, in federal court in Cedar Rapids.
Angela Billings, 42, from Anamosa, Iowa, was convicted of Theft Concerning a Program Receiving Public Funds.
In a plea agreement, Billings admitted that she held a position of public trust as the city clerk and that her position of trust contributed significantly to both the commission and concealment of her crime. By unlawfully using the city’s credit card for personal expenses and by either canceling water payments that she owed to the city or causing the city not to submit bills to her for amounts owed, Billings admitted to stealing at least $93,177 between March 2007 and January 2015.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Billings remains free on bond previously set. She faces a possible maximum sentence of 10 years’ imprisonment; a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; $100 in special assessments; and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob A. Schunk 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-2032.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Sentenced to 50 Years in Federal Prison for Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
A man who sexually exploited a child and possessed child pornography was sentenced today to 50 years in federal prison.
Michael Bordman, age 23, from Cedar Rapids, Iowa, received the sentence after a December 22, 2016 guilty plea to one count of sexual exploitation of a child and one count of possession of child pornography. At the plea hearing, Bordman admitted that, between 2015 and 2016, he knowingly used a child to produce child pornography. He also admitted that he possessed child pornography on a cell phone.
Bordman was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bordman was sentenced to 600 months’ imprisonment. A special assessment of $200 was imposed, Bordman was ordered to pay $3,000 in restitution, and he must also serve a 25-year term of supervised release. He must also 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, the Iowa Division of Criminal Investigation, 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 16-81.
Follow us on Twitter @USAO_NDIA.
Federal Court of Appeals Denies Rehearing of Decision Upholding Convictions of William B. Aossey, Jr.,Read the Press Release
The United States Court of Appeals for the Eighth Circuit today denied a request to rehear its April 14, 2017, decision affirming the criminal fraud and related convictions of William B. Aossey, Jr.; Jalel Aossey; and Midamar Corporation, all of Cedar Rapids, Iowa.
On July 3, 2015, the founder of Midamar Corporation (Midamar) and Islamic Services of America, William B. Aossey, Jr., age 75, of Cedar Rapids, Iowa, was convicted by a federal jury on 15 counts of conspiracy, making false statements on export certificates, and wire fraud. On February 26, 2016, Aossey was sentenced to 24 months’ imprisonment and fined $60,000. Aossey was also ordered to forfeit $184,983 representing proceeds of the fraud. In addition, he was ordered to pay costs of prosecution of $16,824 and a special assessment of $1500.
On September 9, 2015, Midamar pleaded guilty to one count of conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud. Midamar’s guilty plea was entered by its Treasurer and a corporate director, Yahya Nasser Aossey. On February 26, 2016, Midamar was sentenced to pay a $20,000 fine and ordered to forfeit $600,000. Midamar was also placed on probation for five years. As a special condition of probation, Midamar was ordered to abide by all terms of a consent decree entered into with the USDA Food Safety Inspection Service. The consent decree required Midamar to take a variety of corrective actions and to remove certain corporate officials including Jalel Aossey and William B. Aossey from the business. Midamar was also ordered to pay a special assessment of $400.
On September 11, 2015, Jalel Aossey, age 42, then President of Midamar, pleaded guilty to one count of conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud. On March 11, 2016, Jalel Aossey was sentenced to serve 12 months’ and one day imprisonment and fined $30,000. In addition, he was ordered to pay a special assessment of $100. Aossey was ordered to serve a three-year term of supervised release after the prison term and to comply with the terms of a separate consent decree entered into with the USDA Food Safety Inspection Service. As part of that agreement and his plea agreement, Aossey was required to divest his interest in Midamar and to no longer be associated with the management or operations of Midamar.
William B. Aossey, Jr., Midamar, and Jalel Aossey each appealed their convictions. The defendants each claimed the district court, The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa, had erred by denying their motions to dismiss the cases. In their motions to dismiss, the defendants contended the district court lacked jurisdiction over their cases because Congress had reserved exclusive enforcement authority over the alleged statutory violations to the Secretary of Agriculture, and that the United States Attorney could not proceed against the defendants in a criminal prosecution. The cases were consolidated for resolution on appeal.
In a written opinion filed April 14, 2017, the United States Court of Appeals for the Eighth Circuit denied the appeals. The Court held that Congress did not express a “clear and unambiguous” intent that the district courts would not have jurisdiction over criminal violations of the Federal Meat Inspection Act. Rather, the “better reading” of the applicable statute is that it “provides an administrative enforcement mechanism for the Secretary of Agriculture that supplements the authority of the United States Attorneys to pursue criminal prosecutions in the district courts.” Further, here, “the United States Attorney properly proceeded in the district court.”
Midamar and the Aosseys then asked the Court to rehear the appeal before the same appeals panel or before a panel of all judges on the entire Eighth Circuit Court. In a one-line decision filed today, the Court of Appeals denied the rehearing request.
The cases were prosecuted by Assistant United States Attorneys Richard L. Murphy and Timothy L. Vavricek and were investigated by the United States Department of Agriculture Office of Inspector General Investigations and Internal Revenue Service Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl
The case file numbers: 14-CR-00116-LRR (William B. Aossey, Jr.); 14-CR-00138-LRR (Midamar & ISA).
Follow us on Twitter @USAO_NDIA.
Jamaican National Sentenced to 41 Months in Federal Prison for “Outrageous Victimization of Elderly and Sick People”Read the Press Release
A Jamaican man was sentenced yesterday, in federal court in Cedar Rapids, to 41 months’ imprisonment for participating in a mail fraud scheme that defrauded an elderly and sick Illinois couple. Ricardo Fredrick Smith a/k/a “Rickey Ricardo Smith” a/k/a “Ricky” a/k/a “Stinger”, 39, from St. James Parish, Jamaica, received the prison term after his guilty plea in October 2016 to one count of Mail Fraud. Smith admitted he participated in the scheme beginning no later than September 2015, and continuing through at least December 2015. As a part of the scheme, an elderly Illinois woman was falsely told she had won a lottery and was entitled to large sums of money. She was also told the winnings or funds could be claimed only if she first mailed money for purported taxes or fees. In truth, no such winnings existed and the calls were designed only to steal from the victim and her husband, a U.S. Navy veteran who was the resident of a long-term care facility and suffering from dementia. Like many senior citizens in the United States, the couple received unsolicited telephone calls; they even changed their telephone number to avoid unsolicited calls, but such calls nonetheless resumed after they changed their phone number.
Smith lived in the United States during the growing seasons of 2015 and 2016 under an H2B visa, which allowed him to work at two Cedar Rapids area lawn-care companies. At his plea hearing and the sentencing hearing, Smith admitted that he recruited his girlfriend, Tea Ware, into the scheme in 2015 and instructed Ware to communicate with him by means of a popular encrypted instant messaging application to evade detection by law enforcement. Before leaving the United States in 2015, Smith opened a second, “shadow” banking account at a local financial institution at which he was a patron and added Ware as a joint account owner to the “shadow” account to facilitate the fraud. Then, while in Jamaica in December 2015, defendant used the encrypted messaging system to instruct Ware how to structure withdrawals of the victims’ funds from the “shadow” account in a way that would evade law enforcement scrutiny. Smith was arrested in 2016 just before leaving the United States for a second time.
The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/
Smith was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Judge Reade found Smith crime an “outrageous victimization of elderly and sick people”, noting that the elderly Illinois couple consisted of a woman with memory problems and a U.S. Navy veteran suffering from dementia who lives in a long-term care facility. When Smith asked for leniency because he was likely to be deported to Jamaica following his prison term and would live a life of poverty there, Judge Reade responded, “so be it.” Judge Reade sentenced Smith to 41 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $108,100 in restitution his elderly victims. Smith must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Acting United States Attorney Sean R. Berry stated, “Protecting the elderly and sick from financial abuse is a priority of this Office. We will continue to work with our law enforcement partners to hold these predators accountable. I thank the diligent agents of the FBI and USPIS for their hard work on this case.” FBI SAC Randall Thysse praised the cooperative efforts of the FBI, the US Postal Inspection Service and the United States Attorney’s Office to bring the perpetrator of this crime against a vulnerable victim to justice. “The US Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including Iowa. “The stiff sentence issued in this case highlights the efforts of Postal Inspectors who ensure those who conduct these schemes are brought to justice, especially when foreign nationals bring their schemes to U.S. soil.”
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-92-LRR.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Charged with Distribution, Receipt, and Possession of Child PornographyRead the Press Release
Scott Ristine, age 40, of Cedar Rapids, Iowa, has been charged with distribution, receipt, and possession of child pornography. The charges are contained in an Indictment unsealed on May 30, 2017 in United States District Court in Cedar Rapids.
The Indictment alleges that, in 2015, Ristine distributed child pornography, received child pornography, and possessed child pornography on a cell phone, a memory card, a computer, and two flash drives. The Indictment also alleges that Ristine was convicted of receipt of child pornography in the Northern District of Iowa in 2002.
If convicted, Ristine faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 180 years’ imprisonment, a $1,750,000 fine, $35,700 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Ristine appeared today in federal court in Cedar Rapids for a detention hearing and was held without bond. Ristine’s next appearance for trial is set for July 31, 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 17-37.
Follow us on Twitter @USAO_NDIA.
Law Enforcement Officers Receive Awards at Annual ConferenceRead the Press Release
On May 25, 2017, Acting United States Attorney Sean R. Berry of the Northern District of Iowa and United States Attorney Kevin VanderSchel of the Southern District of Iowa presented awards to numerous Iowa law enforcement officers at the 31st Annual Law Enforcement Coordinating Committee’s Executive Training Conference. The awards are presented to law enforcement officers who have gone above and beyond the call of duty in their efforts to make our community safer.
Awards were given to four groups of law enforcement officers:
-
The Cedar Rapids Safe Streets initiative, comprised of the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation, was honored for its work in identifying and prosecuting the most violent offenders in Cedar Rapids. Through a concerted, proactive, long-term effort, the Cedar Rapids Safe Streets initiative utilized the expertise of multiple agencies and targeted the most violent actors in the community. In a single year, this initiative resulted in the indictment of ten individuals, seven of whom have been convicted and sentenced for a total of more than 44 years.
-
The Des Moines Police Department, Ames Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives were honored for their work in investigating a string of robberies in the Des Moines area in 2016. As a result of the tireless efforts of numerous officers, on April 28, 2017, the ring-leader of the robbery crew, Alexander Hamilton, pled guilty to interference with commerce by robbery and admitted to committing 17 robberies from March 2016 to April 2016, included robberies of Git-N-Go (10); Kum & Go (3); Hy-Vee (3); and U.S. Bank (1). Three other individuals, Sarah Coe, Shelly Avery, and Chris Avery, pled guilty to aiding and abetting the robberies. All defendants are scheduled to be sentenced this summer. Each faces up to 20 years’ imprisonment.
-
Officers from the Sioux City Police Department, the Federal Bureau of Investigation, and the Minnehaha County, South Dakota, Sheriff’s Office were honored for their work in investigating the brutal murder of Tony Canfield in 2011 as he attempted to escape armed robbers holding him and his wife captive. In 2016, Courtland Clark, from Flowery Branch, Georgia, Robert Beaver from Sioux City, Iowa, and Devery Hibbler from Dumas, Arkansas, were each convicted of one count of interference with commerce by robbery in relation to the murder. In addition, Clark and Hibbler also pled guilty to one count of use of a firearm during and in relation to a crime of violence causing death. Hibbler was sentenced to 35 years in federal prison. Clark, who supplied the gun for the robbery, was sentenced to 21 years. Finally, Beaver was sentenced to 20 years' imprisonment.
-
Members of the Iowa City Police Department, Johnson County Sheriff’s Office, Coralville Police Department, Iowa Division of Narcotics Enforcement, and the Johnson County Drug Task Force were honored for their work in combating heroin trafficking in Iowa City. Beginning in and around December 2015, the Iowa City/Coralville area saw an increase in heroin-related deaths and overdoses. Through the coordinated efforts of nine separate law enforcement agencies, six arrests were made, resulting in six convictions for trafficking in heroin. Investigators believed the heroin distributed by this conspiracy was associated with at least six heroin related deaths or overdoses. As a result of this investigation and subsequent convictions, the Iowa City/Coralville area saw a significant decline in heroin related deaths and overdoses.
All of the law enforcement officers honored have gone above and beyond the call of duty to assist crime victims and make the community a safer place. Because of their dedication, long hours, and commitment to service, our communities are better places.
-