Northern District of Iowa

A Dubuque-area man, who stole and sold over $400,000 worth of his employer’s goods on the Internet, was sentenced today to 78 months’ imprisonment.

Chad Michael Saeugling, 40, from Asbury, Iowa, received the prison term after his pleas of guilty on June 8, 2016 to one count of Mail Fraud and two counts of Making a False Statement to a Financial Institution.

At his plea hearing and in a written plea agreement, Saeugling admitted he was employed as a supervisor at a Peosta, Iowa, warehouse between 2004 and 2014.  From 2009 through August 2014, Saeugling defrauded his employer by selling his employer’s goods on the Internet.  Specifically, Saeugling advertised goods found in his employer’s warehouse on eBay, an Internet marketplace. Once an eBay shopper paid defendant for an item, Saeugling placed his own UPS or FedEx shipping label on the item and put the item on a UPS or FedEx truck, hiding the item among items his employer was shipping.  Saeugling then used his access to a computerized inventory system to falsely adjust the stolen item out of his employer’s inventory to avoid detection.   

Shortly after Saeugling’s mail fraud scheme was discovered, Saeugling agreed to purchase a house from his father.  In order to secure a home mortgage loan for the property in late 2014, Saeugling made a false statement concerning his income to a federally insured credit union.  Saeugling also falsely told the credit union that his father had gifted him $22,000 to purchase the home when, in truth, Saeugling had previously supplied his father with the $22,000, in cash, which his father then routed through two different bank accounts before providing the $22,000 in two $11,000 checks to Saeugling at the time of closing on the home.

At sentencing, Chief Judge Linda R. Reade of the United States District Court for the Northern District of Iowa found defendant “spit in his employer’s eye” and led his own father in criminal activity.  The judge rejected Saeugling’s claim that a bank official had told him to route funds through his father in two different accounts.  The judge found Saeugling had “no credibility” and “no conscience,” and his criminal activity would have continued were it not for the courage of one of his coworkers at the warehouse.  Further, the judge found Saeugling had violated the terms of his release pending sentencing by possessing firearms and ammunition, which he was selling to his coworkers at his workplace.  The judge concluded Saeugling was at an “extremely high risk to reoffend.”

Saeugling was sentenced in Cedar Rapids and sentenced to 78 months’ imprisonment.  A special assessment of $300 was imposed, and he was ordered to make $423,025.52 in restitution his employer’s insurer.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Saeugling 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 Tim Vavricek and investigated by the Dubuque County Sheriff’s Office. 

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

The case file number is 16-CR-1023-LRR.

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Ali Afif Al Herz, age 51, from Cedar Rapids, Iowa, was sentenced today and following his plea of guilty to various charges related to a scheme to illegally export hundreds of firearms to Lebanon. 

Al Herz previously pleaded guilty to one count of conspiring to deal in firearms without a license and to illegally ship firearms in interstate and foreign commerce; one count of conspiracy to commit money laundering; and one count of violating the Arms Export Control Act.  In addition, Al Herz previously pleaded guilty to one count of possessing firearms after having previously been convicted of a crime of domestic violence. 

Al Herz was sentenced by Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa, following sentencing proceeding held in Cedar Rapids.  The court heard evidence relating to the sentencing on October 14, 2016, and reconvened today to hear additional evidence and impose sentence.

Al Herz, was sentenced to serve 342 months’ imprisonment, to be followed by a 3 year term of supervised release.  Al Herz was was ordered to pay a fine of $150,000.

Adam Al Herz, the son of Ali Afif Al Herz, was sentenced on October 13, 2016, to serve 240 months’ imprisonment, to be followed by a three-year term of supervised release.

Ali Afif Al Herz’s sister in law, Sarah Majid Zeaiter, was sentenced on October 14, 2016, to serve 87 months’ imprisonment.  Zeaiter was also ordered to pay $33,869 in cash related to the scheme.  The money was seized from the apartment Zeaiter shared with her husband, Bassem Herz, above the Pizza Daddy restaurant in Cedar Rapids, Iowa.

Each of the three sentenced defendants has also been jointly and severally ordered to pay a money judgment in excess of $48,000, and to forfeit any interest in seized firearms, ammunition, and Bobcat skid loaders.

Evidence related to the sentencing of Bassem Afif Herz was presented on October 13 & 14, 2016, in Cedar Rapids. The sentencing hearing for Bassem Afif Herz will resume on November 7, 2016, at which time Bassem Herz will be sentenced.

The four were charged following an investigation triggered in early 2015 by a report from a firearms dealer concerning suspicious firearms transactions conducted by the group. 

The initial investigation led to the March 2015 seizure of 53 guns and thousands of rounds of ammunition concealed inside Bobcat skid loaders packed inside a shipping container at the Norfolk, Virginia seaport.  The container was destined for Lebanon.  Subsequent investigation led to the May 2015 seizure of a second shipping container in Cedar Rapids, which was also destined for Lebanon.  Ninety-nine guns and thousands more rounds of ammunition were found concealed inside Bobcat skid loaders packed inside the second container.  Further investigation disclosed the group had previously sent two similar shipments to Lebanon in March and August 2014.  Each of the containers had been loaded and shipped from Midamar Corporation in Cedar Rapids.

Evidence presented at the sentencing hearings showed the containers were destined for an area in southern Lebanon controlled by Hezbollah, a group designated by the United States as a terrorist organization.  Among the guns shipped were more than 30 military style assault rifles.  Other evidence presented in the case showed the guns could be sold in Hezbollah controlled southern Lebanon, where Ali Afif Al Herz maintains a residence, for as much as ten times their value in the United States.  Photos of the residence and of some of the weapons and ammunition seized during the investigation are attached to this press release.

During sentencing, Chief Judge Reade found Al Herz was a leader and organizer of the criminal activity involving five or more participants and that “was otherwise extensive.”  Judge Reade also noted there were several aggravating factors including that the offense involved numerous military style assault rifles, the defendant had sought to purchase fully automatic weapons, the number of guns involved, and the fact the guns were knowingly being shipped to an area of the world controlled by a terrorist organization.

Kevin W. Techau, United States Attorney for the Northern District of Iowa stated, “These defendants were bold and brazen gun traffickers. They knew they were violating U.S. laws enacted to prevent smuggling to foreign countries. Stopping the illegal flow of weapons, weapons parts, and ammunition is a key priority for law enforcement.”

“We are especially thankful to the citizens of Iowa who assisted law enforcement by providing tips and leads that resulted in an investigation of an international weapons smuggler by Homeland Security Investigations,” said Alex Khu, Special Agent in Charge for HSI St. Paul, which oversees Iowa. “This investigation exemplifies the importance of maintaining strong ties to the communities that law enforcement serves, and that law abiding citizens can truly make a difference by reporting suspicious activities. Had law enforcement not intervened, Mr. Al Herz would have exported a large number of weapons that could have been used in countless crimes. HSI is committed to investigating and seeking charges against those intent on violating U.S. export laws.”

“Among ATF’s top priorities is ensuring that firearms traffickers are aggressively investigated and swiftly brought to justice. This is an excellent example of such an investigation that was worked cooperatively by multiple partner agencies with outstanding results,” said Jeff Fulton, Special Agent in Charge of ATF’s Kansas City Field Division.

“The joint effort to bring this case to a successful conclusion undoubtedly saved lives due to the number and types of weapons recovered during the course of the investigation. The FBI will continue to work with our law enforcement partners to combat violent criminal activity and protect our communities,” stated Special Agent-in-Charge Randall Thysse, Omaha Division. 

The cases were prosecuted by Assistant United States Attorney Richard L. Murphy and were investigated by Homeland Security Investigations, Bureau of Alcohol Tobacco and Firearms, Federal Bureau of Investigations, and U.S. Customs and Border Protection, with assistance from the Diplomatic Security Service, United States Marshals Service, Iowa State  Patrol, Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, Iowa Bureau of Investigation and Identity Protection, Iowa Department of Inspections and Appeals, Fayette County Sheriff’s Office, Iowa County Sheriff’s Office, Linn County Sheriff’s Office, Vinton Police Department, University of Iowa Police Department, Iowa City Police Department, Cedar Rapids Police Department, Marion Police Department, and Hiawatha Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-00054-LRR.

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A man and woman who conspired to distribute methamphetamine were each sentenced to 10 years in federal prison.

Beatriz Roman-Luna, 33, from Paulina, Iowa, received the prison term after a June 22, 2016, guilty plea.  Jose Gomez-Trujillo, 30, from Mexico, received the prison term after a July 6, 2016, guilty plea.  Both pled guilty to one count of conspiracy to distribute 50 grams or more of actual (pure) methamphetamine and two counts of distribution and aiding and abetting another in the distribution of 5 grams or more of actual (pure) methamphetamine.  Gomez-Trujillo also pled guilty to illegally being in the United States.   

At the guilty pleas, Roman-Luna and Gomez-Trujillo admitted that from the beginning of 2016 through February 2016, they conspired together to distribute methamphetamine to others in Iowa.  On two occasions in February 2016, they distributed approximately ¾ of a pound of methamphetamine to individuals cooperating with law enforcement.

Both were sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Each were sentenced to 120 months’ imprisonment.  Special assessments of $300 were imposed for Roman-Luna and $400 for Gomez-Trujillo.  They must each also serve a 5-year term of supervised release after the prison term.  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 investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

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

The case file number is 16-4036.

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Ricardo Fredrick Smith a/k/a “Rickey Ricardo Smith” a/k/a “Ricky”, 38, from St. James Parish, Jamaica, has been charged with Mail Fraud, Conspiracy to Commit Mail Fraud, and Money Laundering. ­ The charges are contained in a Complaint unsealed today in United States District Court in Cedar Rapids. ­

The Complaint alleges that, on or about October 2015, Smith was working at a local lawn care company in the Cedar Rapids area and opened a bank account at a local financial institution.  A week later he allegedly added a co-conspirator to the account as a joint owner.  The co-conspirator then allegedly deposited $13,000 into this joint account by means of a check drawn on an account of an elderly Illinois woman.  Smith and the co-conspirator allegedly received the $13,000 through a mail fraud scheme in which they were allegedly participating.  In the following weeks, Smith and the co-conspirator allegedly made a series of cash withdrawals from the account.     

If convicted on all charges, Smith faces a possible maximum sentence of 60 years’ imprisonment, a $750,000 fine or not more than twice the gross gain or twice the gross loss from the offenses, whichever is greater, $300 in special assessments, and 3 years of supervised release following any imprisonment. ­

Smith appeared today in federal court in Cedar Rapids and was held without bond.  Smith’s next appearance for a detention hearing is on November 2, 2016, at 4:30 p.m., in Cedar Rapids. 

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 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-mj-265.

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The former owner of Zombies, a head shop in Iowa City, pled guilty today in federal court in Cedar Rapids.

Hadi Sharairi, age 45, from Coralville, Iowa, was convicted of one count of conspiring to distribute drugs called AB-FUBINACA and THJ-2201 between February and May 2014.  AB-FUBINACA was a Schedule I controlled substance and THJ-2201 was a controlled substance analogue during that time period.  Under federal law, drugs that are similar to substances listed in the controlled substance schedules are considered “controlled substance analogues,” and it is unlawful to distribute them just as it is illegal to distribute substances on the controlled substance schedules, such as cocaine, heroin, or marijuana.

Testimony at a hearing on June 21, 2016, showed Sharairi was the former owner of Zombies, a head shop located in Iowa City.  An officer testified that Sharairi was warned by the Iowa City Police Department in June 2013 not to sell synthetic cannabinoid products (commonly known as “K2,” “Spice,” or “incense”).  In May 2014, however, law enforcement searched Zombies and a storage unit associated with the business and found packages labeled “Bizarro,” which contained THJ-2201, and other packages labeled “Super Nova,” which contained AB-FUBINACA. 

The investigation of Sharairi and raids of his business, home, and other related locations in May 2014 were a part of a coordinated DEA takedown called Project Synergy Phase II.  The second phase of Project Synergy, which began January 2014, culminated on May 7, 2014, in 29 states, and involved more than 45 DEA offices serving nearly 200 search warrants.  On that date, authorities seized hundreds of thousands of individually packaged, ready-to-sell synthetic drugs as well as hundreds of kilograms of raw synthetic products to make thousands more.  Additionally, more than $20 million in cash and assets were seized.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Sharairi was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Sharairi faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime of supervised release following any imprisonment.

The case was investigated by the Iowa City Police Department and as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; and the Internal Revenue Service – Criminal Investigation.  The case is being prosecuted by Assistant United States Attorney Dan Chatham.

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

The case file number is 16-CR-48-1-LTS.

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A man who unlawfully possessed three pipe bombs and a pressure cooker bomb pled guilty on October 24, 2016, in federal court in Cedar Rapids.

Trevor Satrom, age 34, from Oran, Iowa, was convicted of one count of possessing unregistered explosive bombs.

In a plea agreement, Satrom admitted that on February 10, 2016, law enforcement searched his residence in Oran, Iowa.  During the search, police seized assorted length metal pipes, metal end caps sized for the pipes, three metal end caps with holes made in the end, a pressure cooker with a hole made on the top, hobby fuse of various lengths, various types of propellant powder, and packages of BBs.  Satrom further admitted that, together, these items could readily have constituted three fully operational pipe bombs and one fully operational pressure cooker bomb.    

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Satrom remains in custody of the United States Marshal pending sentencing.  He 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.

The case is being prosecuted by Assistant United States Attorney Tony Morfitt and was investigated by the Fayette County Sheriff’s Office, the Iowa Division of Criminal Investigation, 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 16-CR-2016.

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A woman who defrauded an elderly couple out of more than $100,000 was sentenced yesterday to nearly three years in federal prison.

Tea Lynette Ware, 37, from Cedar Rapids, Iowa, received the prison term after a June 9, 2016 guilty plea to two counts of mail fraud and one count of using a fictitious name in mail fraud.

At the plea hearing, and in a plea agreement, Ware admitted that from about September 2015 through February 2016, Ware participated in a scheme to defraud an elderly Illinois woman during which the victim was falsely told she had won a lottery and was entitled to large sums of money.  The victim was also told the winnings or funds could be claimed only if she first mailed Ware 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 resident of a long-term care facility with 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.

At sentencing, United States District Court Chief Judge Linda R. Reade called Ware’s behavior “despicable”, noting that she had preyed on her victims, who were vulnerable not only because they were elderly but also due to their mental health conditions.  Further, the judge found Ware caused her victims a substantial financial hardship, as she “picked” her victims “clean.”  The judge noted that, due to age and infirmity, the victims’ earning years were over, and their life savings were now depleted.

Ware was sentenced in Cedar Rapids to 33 months’ imprisonment.  A special assessment of $300 was imposed, and she was ordered to make $108,100 in restitution to her victims.  Further, Ware forfeited $40,000 that the government seized prior to Ware’s Indictment.  Ware must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

“Whether abuse occurs in nursing homes or involves financial fraud schemes such as the one in which Ms. Ware participated, this office and the Elder Justice Task Force are committed to pursuing justice for the elderly,” said United States Attorney Kevin Techau.  “We will continue to work with our partners to hold accountable those who seek to financially exploit the most vulnerable in our society.  I wish to thank the Postal Inspection Service and the FBI for their hard work investigating this case.”

“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.  “It is imperative that we continue to work with our partners to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes.  We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”

In June, 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/         

Ware was released on the bond previously set and is to surrender to the United States Marshal in Cedar Rapids on November 14, 2016.  Thereafter she will be transferred to federal prison.

The case was 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-27-LRR.

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A woman who illegally provided a rifle to her minor child was sentenced today to more than three years in federal prison.

Robyn Lynn Merchant, a/k/a Robyn Lynn Winterroth, 53, from Vinton, Iowa, received the prison term after a May 23, 2016, guilty plea to transferring a firearm to a prohibited person (a drug user).

Evidence at the guilty plea hearing and other court proceedings showed that on February 23, 2015, Merchant provided her 16-year-old son with a Walther HK MP5 .22 caliber rifle. The following day, police responded to Merchant’s residence in Vinton after receiving a 911 call that a shooting had taken place. When police arrived, they discovered that a 14-year-old girl had been shot in an upstairs bedroom. That bedroom belonged to Merchant’s 16-year-old son. Merchant’s son was present in his bedroom at the time of the shooting. Also present in the bedroom were two additional 16-year-old males. The 14-year-old girl eventually passed away as a result of the gunshot wound.

At the time Merchant provided her son with the firearm, he was an unlawful user of marijuana. Her son regularly used marijuana in Merchant’s home, and a urine sample obtained from him the night of the shooting tested positive for marijuana. The night of the shooting, police saw evidence of recent drug and alcohol use in plain view in Merchant’s son’s bedroom. Police eventually seized a marijuana smoking pipe, drug paraphernalia, approximately seven ounces of marijuana individually packaged into eight separate plastic bags, and drug packaging materials from the bedroom.  

During the investigation, law enforcement learned that Merchant and her son conspired with each other to distribute marijuana from their residence. Some of their customers included other high school students who were friends of Merchant’s son. 

Merchant was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Merchant was sentenced to 46 months imprisonment.  A special assessment of $100 was imposed. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.

“From any perspective, this case is a terrible tragedy,” said U.S. Attorney Kevin W. Techau. “A 14-year-old girl is dead – and a mother is going to prison – because the mother provided her drug-using son with a gun. This case demonstrates why guns and drugs are a deadly combination.” 

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Vinton Police Department, the Iowa Department of Public Safety, the Department of Homeland Security, United States Immigration and Customs Enforcement, Homeland Security Investigations, and the Bureau of Alcohol Tobacco and Firearms. 

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

The case file number is 16-CR-0017.

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United States Attorneys Kevin W. Techau and Kevin E. VanderSchel of the Northern and Southern Districts of Iowa, respectively, announced today that Daniel Tvedt and Virginia Bruner will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections.  These Assistant United States Attorneys have been appointed to serve as District Election Officers for the Northern and Southern Districts of Iowa, and in that capacity are responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

United States Attorney VanderSchel said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

United States Attorney Techau said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  The franchise is the cornerstone of American democracy.   We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorneys Techau and VanderSchel stated that District Election Officers will be on duty in the Northern and Southern Districts while the polls are open.  They can be reached by the public at the following telephone numbers: (319) 363-6333 (Cedar Rapids) and (515) 473-9300 (Des Moines).

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at (319) 366-2461 (Cedar Rapids) or (515) 223-4278 (Des Moines).

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

A woman who conspired to distribute methamphetamine was sentenced October 24, 2016, to 10 years in federal prison.

Elizabeth Lopez, 30, from Omaha, NE, received the prison term after a May 26, 2016, jury verdict finding her guilty of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. 

Evidence at trial showed that Lopez conspired to distribute 50 grams or more of actual (pure) methamphetamine from 2015 through August 2015 in the Sioux City, Iowa area.  The evidence also showed that on August 4, 2015, Lopez had traveled from Omaha, NE to Sioux City, IA to distribute approximately one ounce of actual (pure) methamphetamine.  Lopez had hidden the methamphetamine in her bra.

Lopez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Lopez was sentenced to 120 months’ imprisonment.  A special assessment of $200 was imposed.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.  Lopez is being held in the United States Marshal’s custody until she can be transported to a federal prison.

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

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

The case file number is 15-4051. Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA – On Saturday, October 22, from 10 a.m. to 2 p.m. the Drug Enforcement Administration (DEA) will give the public its 12th opportunity in six years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. 

Cedar Rapids and Dubuque are hosting sites.  In Cedar Rapids, bring your pills for disposal to the police department located at 515 1st Street S.W.  In Dubuque, the drop off site is located at the Sam’s Club parking lot, 4400 Ashbury Road.  The drop off sites cannot accept liquids or needles or sharps, only pills or patches.  The service is free and anonymous, no questions asked.

Last April, Americans turned in 447 tons (over 893,000 pounds) of prescription drugs at almost 5,400 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners.  Overall, in its 11 previous Take Back events, DEA and its partners have taken in over 6.4 million pounds—about 3,200 tons—of pills. 

This initiative addresses a vital public safety and public health issue.  Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse.  Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.  In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.

United States Attorney Kevin W. Techau stated, “In 2015 alone, more than half of the over 40,000 unintentional drug overdose deaths in the United States involved prescription drugs, and hazardous opioid pain relievers led to about 17,000 of those deaths. Young people are especially susceptible to these dangers.  Nearly four in 10 teens who have misused or abused a prescription drug obtained it from their parents’ medicine cabinet. Clearly prescription drug addiction and abuse represent nothing less than a public health crisis.  We appreciate DEA’s effort to remove this poison from homes so that it does not end up in the wrong hands.”

For more information about DEA’s drug diversion program efforts and the disposal of prescription drugs go to: https://www.deadiversion.usdoj.gov.

Those unable to participate next Saturday are offered year around opportunities in Iowa to discard unused, expired and unwanted medications at locations around the state.  To find those sites, go to the Iowa Governor’s Office of Drug Control Policy: https://odcp.iowa.gov/rxtakebacks.

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CEDAR RAPIDS, IOWA – Local middle and high school students are joining thousands of others from around the country this week in pledging to do their part to end gun violence.  The United States Attorney’s Office for the Northern District of Iowa, the Cedar Rapids and Marion Police Departments, and the Linn County Sheriff’s Office are partnering with about 10 local middle and high schools to promote discussion of the impact of violence on youth in observance of the 20th annual Day of National Concern.   

The Day of National Concern was established in 1996 through a Presidential Proclamation and Unanimous Senate Resolution.  The cornerstone of the initiative is the signing of a pledge in which students promise to never use a gun or violence to settle a personal dispute and to use their influence to keep their friends from doing the same.  Nationwide, the pledge is often combined with school assemblies, homeroom activities, guest speakers, rallies, essay and poetry contests, displays of art work publicizing the toll of gun violence, and the beginning of many conversations about gun violence between students and adults. 

Locally, many schools are inviting guest speakers to talk with students, having students submit written reflections about gun violence in the form of a poem, song, or short story, or hosting a lunch with the United States Attorney.  Several Assistant United States Attorneys and other local law enforcement officials will attend and speak at many of the events. 

Kevin W. Techau, U.S. Attorney for the Northern District of Iowa, stated, “We are proud to partner with the Cedar Rapids and Marion Police Departments, Linn County Sheriff’s Office, and the Cedar Rapids, Marion, and College Community schools in the second Iowa observation of the Day of National Concern.  The NO Gun pledge and the discussion it generates in our area schools will have a positive impact in our community.  The Cedar Rapids and Marion area students are to be commended for taking the positive step of saying no to guns in schools.”

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An Iowa farmer who pledged assets as collateral for a United States Department of Agriculture (USDA) farm operating loan but later sold the assets and subsequently defaulted on the loans was sentenced today to six months’ in federal prison.

Leroy Jones, age 59, from Floyd, Iowa, received the sentence after a guilty plea to one count of conversion of property pledged to a farm credit agency.

At the guilty plea, Jones admitted that he pledged over 100,000 bushels of corn worth more than $300,000 to the USDA as security on two Farm Services Agency loans worth nearly $200,000.  Jones further admitted that over the course of the next year he sold all of the grain he had pledged without notifying the USDA and that he did so with intent to defraud that agency.  Court records show that Jones had actually sold over 10,000 bushels of corn before he had even pledged that corn as collateral.   

Jones was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand.  He was sentenced to six months’ imprisonment.  A special assessment of $100 was imposed and he was ordered to make $137,682.20 in restitution to the Farm Service Agency.  Jones must also serve a two-year term of supervised release after his prison term.  Because Jones was convicted of a felony, he can no longer legally possess firearms or ammunition. 

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the United States Department of Agriculture. 

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 16-CR-2026.

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Michael Bordman, age 22, of Cedar Rapids, Iowa, has been charged with sexual exploitation of a child and distribution, receipt, and possession of child pornography.  The charges are contained in an Indictment unsealed on October 7, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between August 2015 and July 2016, Bordman sexually exploited a child and distributed, received, and possessed child pornography.

If convicted, Bordman faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 90 years’ imprisonment, a $1,000,000 fine, a $400 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Bordman appeared for a detention hearing on October 11, 2016, in federal court in Cedar Rapids and was held without bond.  Bordman’s next appearance for trial is set for December 12, 2016.

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, 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.

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A man who conspired to distribute methamphetamine was convicted by a jury on October 7, 2016, after a 2 ½-day trial in federal court in Sioux City.

Kevin Babb, 55, from Sioux City, Iowa, was convicted of one count of conspiracy distribute 50 grams or more of actual (pure) methamphetamine and three counts of distribution of methamphetamine.  The verdict was returned this afternoon following about one hour of jury deliberations.

The evidence at trial showed that Babb was involved in a conspiracy that distributed methamphetamine in the Sioux City area from 2012 through 2014.  On three separate occasions between April and July 2014, evidence showed that Babb sold methamphetamine to individuals cooperating with law enforcement. 

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Babb remains in custody of the United States Marshal pending sentencing.  Babb faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $400 in special assessments, and at least five years of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney Nathan W. Nelson and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 16-4041.  Follow us on Twitter @USAO_NDIA.

A man who owned and operated a head shop in Iowa City in 2014 was sentenced yesterday to 30 years in federal prison.

Robert Carl Sharp, age 37, from Peoria, Illinois, received the prison term after an October 5, 2015 guilty plea to three counts of possessing with intent to distribute and conspiring to manufacture and distribute a synthetic drug called AB‑FUBINACA.

Court documents reflect that in 2012, in Peoria, Illinois, Sharp began selling, and later manufacturing, smokeable synthetic cannabinoid products which are commonly known as “Spice,” “incense,” or K2.  Sharp sold these products in packets that marketed the substances as incense, and contained a warning that the products were “not for human consumption,” although Sharp knew the products were actually intended for human consumption.  The synthetic cannabinoids in these products were actually research chemicals that have not been tested or approved as safe for human consumption, and which have unpredictable short-term effects and unknown long-term effects on users. 

Sharp eventually moved to Iowa and opened a head shop called Pipe Dreamz in downtown Iowa City.  He employed another individual, Wayne Watkins, to manufacture synthetic cannabinoid products called “Gods of Aroma,” “Bizarro,” “AK-47 Cherry Popper,” “Bling Bling Monkey,” “Super Nova,” and “Darkness.”  Sharp would order synthetic cannabinoid chemicals and also purchase bulk quantities of dried damiana leaves, a plant material that resembles dried marijuana.  Watkins would dilute the synthetic cannabinoid chemical in acetone, and then spray the mixture on the damiana leaves.  Watkins would then add some flavoring and package the substances into the various brands sold by Sharp.

On May 7, 2015, Sharp’s store, his house and storage unit in Center Point, along with Watkins’s house in Cedar Rapids, and the Pipe Dreamz store in Iowa City, were all searched by federal law enforcement.  During the searches, officers seized thousands of synthetic cannabinoid products, including the sprayed-on plant variety and a liquid form of the synthetic cannabinoids that was designed for use in e‑cigarettes.  Officers seized an active manufacturing lab in Watkins’s house.

At the plea hearing, Sharp stated he was told by the individuals from whom he purchased the substances that he was buying legal chemicals.  He admitted at the plea hearing, however, that despite those statements from his suppliers, he believed there was a high probability that the substances he received and distributed were regulated by federal drug laws, but took deliberate actions to avoid learning of the true identity of the substances by not having them tested by a laboratory.

Sharp was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Sharp was sentenced to 360 months’ imprisonment.  A special assessment of $300 was imposed.  Sharp was also ordered to pay forfeiture of $200,000 that represented proceeds of his drug dealing.  He must also serve a 3‑year term of supervised release after the prison term.  There is no parole in the federal system.  Watkins was previously sentenced to 115 months’ imprisonment.

The investigation of Sharp and raids of his business, home, and other related locations in May 2014 were a part of a coordinated DEA takedown called Project Synergy Phase II.  The second phase of Project Synergy, which began January 2014, culminated on May 7, 2014, in 29 states, and involved more than 45 DEA offices serving nearly 200 search warrants.  On that date, authorities seized hundreds of thousands of individually packaged, ready-to-sell synthetic drugs as well as hundreds of kilograms of raw synthetic products to make thousands more.  Additionally, more than $20 million in cash and assets were seized.

Sharp 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 Iowa City Police Department and as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; and the Internal Revenue Service.  The case was prosecuted by Assistant United States Attorney Dan Chatham. 

Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-31-1-LRR.

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A Cedar Rapids man who distributed heroin and fentanyl that resulted in a young woman being hospitalized pled guilty yesterday in federal court in Cedar Rapids.

Shawn Albert, age 24 from Cedar Rapids, Iowa, was convicted of distributing heroin on September 27, 2015.

At the plea hearing, Albert admitted he distributed heroin to another person and that individual overdosed and was hospitalized. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Albert remains in custody of the United States Marshal pending sentencing.  Albert faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a minimum of 3 years of supervised release following any imprisonment.

The case was prosecuted by Assistant United States Attorney Patrick J. Reinert 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 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. 

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

The case file number is CR 16-00053.

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A man who repeatedly stomped on and kicked the head of an African American man in a racially targeted attack was sentenced today to 10 years in federal prison.

Randy Metcalf, 40, from Dubuque, Iowa, received the maximum allowable prison term after a March 30, 2016, jury verdict finding him guilty of committing a federal hate crime.

The evidence at trial showed that on January 12, 2015, Metcalf, while in a bar in Dubuque, had been using racial slurs in reference to an African American man who was also in the bar.  Metcalf also displayed a swastika tattoo to other people while bragging about having burned crosses.  Later in the night, Metcalf assaulted the African American man by repeatedly stomping on and kicking his head as the victim lay barley conscious on the floor of the bar.  Metcalf assaulted the victim and was then pushed away from him by another person in the bar, but then returned to kick and stomp the victim in the head again. 

Metcalf was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed and he was ordered to make $1874.56 in restitution to the victim.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

United States Attorney Kevin W. Techau stated after sentencing, “The Department of Justice is committed to protecting the rights and freedoms of all people.  Hate crimes represent an attack not just on the individual victim but also on the entire community.  The federal hate crime of which Randy Metcalf was found guilty is as reprehensible as it was violent.  We will continue to use every tool at our disposal to vindicate the rights of victims of violent hate crimes. “This vicious attack threatened the most basic standards of human decency and dignity,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “While no sentence, including this one, can undo the harm inflicted, it does send an unequivocal message that the Justice Department will vigorously prosecute hate crimes.”

The case was investigated by the Dubuque Police Department and the Federal Bureau of Investigation.  The case was jointly prosecuted by Assistant United States Attorney Anthony Morfitt and Trial Attorney Christopher Perras of the Justice Department’s Civil Rights Division.   

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

The case file number is 15-CR-1032.

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Randy Metcalf, 40, of Dubuque, Iowa, was sentenced today to 10 years in prison for stomping on and kicking the head of an African-American man in a racially targeted attack.

The evidence at trial showed that on Jan. 12, 2015, Metcalf assaulted an African-American male at the Northside Bar in Dubuque.  After getting into an argument over a jukebox with the victim’s female friends, Metcalf directed racial slurs at the victim and his friends, told other patrons that he hated black people, bragged to the bar’s owner about being involved in cross-burnings and flashed his swastika tattoo.  Later that night, after hours of taunting, Metcalf attacked the victim’s female friend.  When the victim intervened to protect her, Metcalf’s friends knocked him out.  As the victim lay barely conscious on the floor of the bar, Metcalf walked over to him and repeatedly kicked and stomped on his head.

“This vicious attack threatened the most basic standards of human decency and dignity,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “While no sentence, including this one, can undo the harm inflicted, it does send an unequivocal message that the Justice Department will vigorously prosecute hate crimes.”

“The Department of Justice is committed to protecting the rights and freedoms of all people,” said U.S. Attorney Kevin W. Techau of the Northern District of Iowa.  “Hate crimes represent an attack not just on the individual victim but also on the entire community.  The federal hate crime of which Randy Metcalf was found guilty is as reprehensible as it was violent.  We will continue to use every tool at our disposal to vindicate the rights of victims of violent hate crimes.”

In addition to sentencing Metcalf to the statutory maximum 10-year sentence, Chief U.S. District Judge Linda R. Reade of the Northern District of Iowa also ordered him to pay $1,874.56 in restitution.  Metcalf is being held in the custody of the U.S. Marshals Service until he can be transported to a federal prison.

The case was investigated by the Dubuque Police Department and the FBI.  The case was jointly prosecuted by Assistant U.S. Attorney Anthony Morfitt of the Northern District of Iowa and Trial Attorney Christopher Perras of the Justice Department’s Civil Rights Division.

CEDAR RAPIDS, IOWA – The Department of Justice and the United States Environmental Protection Agency (EPA) announced today the filing of a complaint against NGL Crude Logistics LLC (NGL) and Western Dubuque Biodiesel LLC, and a settlement with Western Dubuque to address alleged violations of the Renewable Fuel Standard. 

The complaint, filed in the U.S. District Court for the Northern District of Iowa alleges that NGL entered into a series of transactions with Western Dubuque in 2011 that resulted in the generation of approximately 36 million invalid renewable identification numbers (RINs).  RINs are credits created when a company produces qualifying renewable fuel and can be traded or sold to refineries and importers to use for compliance with renewable fuel production requirements.

Under the settlement, Western Dubuque has agreed to pay $6 million to resolve alleged Renewable Fuel Standard program violations for generating RINs for renewable fuel that was produced using unapproved feedstocks and production processes.  A feedstock is the basic material used in the production of renewable fuel.  The consent decree does not resolve any claims against NGL.

“Congress passed the Renewable Fuels Standards program to incentivize production of biofuels in order to achieve substantial reductions in greenhouse gas emissions, reduce the United States’ dependence on foreign oil and modernize the United States’ renewable energy industry,” said Assistant Attorney General John C. Cruden for the Department of Justice Environment and Natural Resources Division.  “The Justice Department is committed to ensuring that Congress’ goals are not undermined by entities that attempt to compromise the integrity of the incentive program.”

“The Department of Justice is committed to maintaining the integrity of the Renewable Fuel Standard program,” said United States Attorney Kevin W. Techau.  “Congress enacted incentives for the production of biofuels to make the United States stronger and more energy independent.  This $ 6 million settlement supports that goal.”

“EPA is committed to making sure companies use approved feedstocks and generate RINs legally – anything short of that compromises the integrity of the Renewable Fuel Standard program, said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “The Renewable Fuel Standard relies on companies upholding fair market principles, Western Dubuque failed to do.”

The allegations in the complaint remain assertions until they are proved.

The complaint alleges that in 2011, NGL purchased more than 24 million gallons of biodiesel on the open market, and that approximately 36 million RINs had been assigned to the biodiesel.  NGL sold most of the RINs to other entities.  NGL then sold the biodiesel to Western Dubuque, but designated it as a “feedstock.” Western Dubuque reprocessed the biodiesel provided by NGL and generated a second set of RINs for the same fuel. Western Dubuque sold the reprocessed biodiesel and the second set of RINs back to NGL.  NGL then sold most of these RINs to other entities.

The complaint asks the court to require NGL to retire 36 million RINs to offset the harm caused by the alleged violations and to pay a civil penalty. 

EPA estimates that the generation of the second set of RINs alleged in this case resulted in excess greenhouse gas emissions equivalent to 151,319 metric tons of carbon dioxide.

EPA learned that Western Dubuque used improper feedstocks during a 2011 inspection of the company’s biodiesel facility, located in Farley, Iowa.  EPA then conducted an extensive investigation into transactions between Western Dubuque and NGL and determined that the feedstocks that NGL supplied to Western Dubuque were biodiesel, which is not a permitted feedstock and that other companies had already generated RINs for the product.  Western Dubuque informed EPA that it has not used biodiesel as a feedstock since 2011. 

EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel.  The Renewable Fuel Standard program - created under the Energy Policy Act of 2005 - was developed in collaboration with refiners, renewable fuel producers, and many other stakeholders.  It was expanded and strengthened under the Energy Independence and Security Act of 2007, which was designed to encourage the blending of renewable fuels into our nation’s motor vehicle fuel supply and reduce the nation's dependence on foreign oil, help grow the nation's renewable energy industry and achieve greenhouse gas reductions.

Western Dubuque owns and operates a 30-million-gallon biodiesel plant located in Farley, Iowa.  NGL is an energy service company that transports fuel and other products.  At the time of the alleged violations, NGL was known as Gavilon LLC.

The settlement with Western Dubuque is subject to a 30-day public comment period and final court approval.  A copy of the consent decree can be accessed at: www.justice.gov/enrd/Consent_Decrees.html.

For more information about the settlement and the complaint, visit: http://go.usa.gov/xKuFM.

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Rogelio Magana Garcia Jimenez, 44, from Worthington, MN; Saul Piceno Valtierra, 34, from Slayton, MN; Marcus Cervantes Martinez, 34, from Worthington, MN; Javier Martinez, 50, from Worthington, MN; Sergio Lopez-Granillo, 24, from Sioux Center, IA; and Daniel Perez Heredia, 28, from Worthington, MN, have each been charged with one count of conspiracy to distribute methamphetamine.­  The charges are contained in a Complaint filed September 22, 2016, in United States District Court in Sioux City. 

The Complaint alleges: (1) that, from October 2015, through September 2016, the six men conspired with each other and others to distribute methamphetamine to persons in Iowa and Minnesota; (2) those charged distributed methamphetamine which had been received from Iowa and other out of state sources; and (3) on or about September 20, 2016, over five pounds of methamphetamine was seized from a residence in Worthington, MN – associated with those charged.   

If convicted, each face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 special assessment, and at least five years of supervised release following any imprisonment.­

Garcia Jimenez, Piceno Valtierra, Cervantes Martinez, Martinez, Lopez-Granillo, and Perez Heredia appeared October 4, 2016, in federal court in Sioux City and were held without bond.  The next appearance for the men is trial scheduled for December 5, 2016. 

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 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 16-mj-236.

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CEDAR RAPIDS, IOWA—Local law enforcement and the State of Iowa received Department of Justice grants designed to better serve the community, enhance transparency, and support prevention and intervention efforts.

The Cedar Rapids Police Department (CRPD) and the Linn County Sheriff’s Office were jointly awarded an Edward Byrne Memorial Justice Assistance Grant for fiscal year 2016.  The $50,045 grant will be shared equally between the two agencies.  The CRPD is committed to strengthening its partnership with local and federal prosecutors by conducting thorough investigations.  The grant will be used to enhance existing surveillance and technology equipment and will benefit both investigative efforts and bring clarity to evidentiary matters in court proceedings.  The Sheriff’s Office better serves the greater Cedar Rapids community by having the ability to timely respond to, and report on, potential criminal activity.  The grant will be used to outfit patrol vehicles with up-to-date mobile equipment, which will improve efficiency and accuracy in responding and reporting.

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs.

The State of Iowa’s Criminal and Justice Planning Agency (JJAC) received a grant from the Formula Grants Program under the Juvenile Justice and Delinquency Prevention Act in the amount of $412,161 for fiscal year 2016.  JJAC will use the grant to enhance priority areas such as: evidence-based practices; support gender equality in justice system services; continue to work on a reduction in the disparate number of minority youth involved in the juvenile justice system; and collaborate with local and state initiatives to address mental health and substance abuse issues for justice involved juveniles.

The Formula Grants Program supports state and local delinquency prevention and intervention efforts and juvenile justice system improvements. The Office of Juvenile Justice Delinquency Prevention, a component of DOJ’s Office of Justice Programs, accomplishes its mission by supporting states, local communities, and tribal jurisdictions in their efforts to develop and implement effective programs for juveniles. The office strives to strengthen the juvenile justice system’s efforts to protect public safety, hold justice-involved youth appropriately accountable, and provide services that address the needs of youth and their families.

United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “These grants support the common federal, state and local goal of strengthening law enforcement capabilities, enhance transparency, and strengthen the goals of community policing.”          

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CEDAR RAPIDS, IA – Cedar Rapids Mayor Ron Corbett proclaimed the week of September 26, 2016 as Rail Safety Week. The attached Proclamation encourages all citizens to participate in activities to reduce crossing crashes and pedestrian/railroad trespass incidents during the week and throughout the year.

U.S. Attorney Kevin W. Techau will be present at the Monday morning event.  Joining him will be rail safety experts, representatives from the Iowa Department of Transportation, Iowa Operation Lifesaver, and the Cedar Rapids Police Department.

 

Media Opportunities

Monday, September 26, 10:00 a.m.

• Crash Vehicle Display – Cedar Rapids Central Fire Station, 713 1st Ave. S.E.
  • Interview Opportunities – press release will be provided

Wednesday, September 28, 10:00 a.m. to 6:00 p.m.

• Rail Display – Downtown Cedar Rapids Public Library
  • Iowa Operation Lifesaver’s Francis Edeker – present all day

Thursday, September 29, 9:00 a.m. (CRANDIC); 1:00 p.m. (Canadian National)

• Officer on the Train—Media invited to ride along. Train cab space is limited. Contact the following by noon Wednesday to reserve a time:
  • Elaine Duvall, CRANDIC (319) 786-3696 
  • Tom Skinner, Canadian National, (319) 236-9284 
• Operation Life Saver Presentation, 2:30 p.m.
  • Downtown Cedar Rapids Public Library

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CEDAR RAPIDS, IA--A Cedar Rapids man who admitted filing a fraudulent income tax return was sentenced yesterday to 8-months imprisonment.

Jon S. Petersen, 55, from Cedar Rapids, Iowa, received the prison term after a guilty plea to one count of filing a false tax return. 

At his guilty plea hearing, Petersen admitted to filing a fraudulent income tax return for calendar year 2013.  The return failed to include as income donations he diverted from World Ambassadors into his own personal checking account.  In a plea agreement, Petersen admitted he used approximately $114,581 of those funds in 2013 for his own personal use, and such funds constituted taxable income to him.  From 2005-2015, Petersen claimed to struggle with a sex addiction.  It became costly so Petersen would pay for this addiction through his credit cards, home equity lines of credit, and World Ambassadors donations.  World Ambassadors is a nonprofit corporation.

Petersen was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand.  Petersen will serve three months in Bureau of Prisons custody and five-months home confinement.  A special assessment of $100.00 was imposed, and he was ordered to make $79,732.35 in restitution to donors of World Ambassadors.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Matt Cole and investigated by the Internal Revenue Service.  Court file information at: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-CR-39-LTS.

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CEDAR RAPIDS and SIOUX CITY—Two upcoming job fairs will provide individuals with a criminal record the opportunity to meet with employers willing to give them a second chance.  The “Untapped Workforce” job fairs, sponsored by the U.S. Attorney’s Office for the Northern District of Iowa, are free to attend, and will feature employers from multiple industries.  Participating employers include employers in the food industry, retail, manufacturing, public sector, staffing agencies and more.

Nearly one out of every four adults in this country has a criminal record.  Because of their criminal record, some of these individuals have a difficult time finding employment, making it hard for them to support themselves and their families.  Because employment has been shown to dramatically reduce the likelihood that an individual will commit another crime, employment opportunities for these individuals not only helps them reintegrate into society, but also increases community safety and lowers the prison population.  Ex-offenders often possess valuable workforce skills and are routinely cited as some of the most loyal and hard-working employees, when given a second chance.

The job fairs are the second phase of an initiative to decrease recidivism through increased employment.  This first phase of the initiative featured three employer workshops that were held in Cedar Rapids, Fort Dodge, and Sioux City in late July.  During these workshops, hundreds of employers learned about the benefits of hiring individuals with criminal records, and how to mitigate any associated risks.  

United States Attorney Kevin W. Techau addressed the importance of this initiative stating, “The public and private sectors across the country and across Iowa are collaborating to help break the cycle of crime by promoting employment opportunities for those who have served their period of incarceration.  The Department of Justice supports successful reentry as an essential part of its mission to promote public safety.  Public safety is enhanced when we help individuals return to productive, law-abiding lives.  That’s a mission we can all get behind.”

The job fairs will be held on Friday, September 23 at the Hotel at Kirkwood Center in Cedar Rapids, and on Monday, September 26 at the Stoney Creek Hotel and Conference Center in Sioux City.  Both job fairs will run from 9:30 a.m. through 12:30 p.m.  Job seekers do not need to pre-register.  There are a limited number of spaces still available for employers.  Interested employers should contact Assistant United States Attorney Justin Lightfoot at 319-363-6333, as soon as possible.  There is no charge for employers to reserve a booth at the job fair.

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CEDAR RAPIDS, IA—A year ago federal, state and local law enforcement met at the Cedar Rapids Police Department to discuss the opioid and heroin epidemic crossing the country, which was making its way into Eastern Iowa.  Yesterday, the group reassembled to receive updates and to discuss the way ahead, including enforcement actions, prevention, and treatment.  It is estimated that there are over 100 overdoses deaths each day in the United States, with more than three out of five overdose deaths involving opioids. 

Also yesterday, Attorney General Loretta Lynch, Secretary of Agriculture Tom Vilsack, and Director of National Drug Control Policy Michael Botticelli, joined parents who lost children to overdose to discuss Prescription Opioid and Heroin Epidemic Awareness Week.  Parents from across the country met at the White House with Secretary Vilsack and Director Botticelli to share their experiences and efforts to address the opioid epidemic.

President Obama proclaimed September 18-24, 2016, as Prescription Opioid and Heroin Epidemic Awareness Week.  During this week, Attorney General Lynch and other Justice Department officials—as well as U.S. Attorney’s Offices and Bureau of Prison facilities across the country—will participate in over 250 different events highlighting the importance of prevention, enforcement, and treatment. The Department of Agriculture will host state forums on the epidemic in Connecticut and Colorado.  Secretary of Veterans Affairs Robert McDonald will lead a forum in Washington, DC, on treatment and support for veterans with opioid use disorder.  (The Proclamation is attached.)

During yesterday’s gathering of law enforcement at CRPD, United States Attorney Kevin W. Techau provided a summary of the key points discussed at the National Heroin Conference, which was held in Minneapolis, MN earlier in the month.   At that conference, the emerging problem of fentanyl, a powerful synthetic opioid that is blamed for a surge of deaths in some parts of the country—including the recent overdose death of Prince—was highlighted at the conference.  Speakers at the conference indicated that a multipronged approach was necessary to keep more people from becoming addicted.  Techau noted, “We are in the midst of an opioid crisis in our country.  Iowa is not immune from problems created by heroin and opioid abuse.  A multidisciplinary approach that includes federal, state, and local community agencies is needed to maximize the prevention, law enforcement, and treatment dimensions to meet this challenge.”

CRPD Officer and Coordinator of the Eastern Iowa Heroin Initiative, Al Fear, discussed his efforts to engage and encourage communities to become active partners in fighting back this threat.  Citizen involvement at Town Halls held across Eastern Iowa have heard from medical and social service professionals, as well as law enforcement and prosecutors.  The FBI and DEA documentary, Chasing the Dragon: The Life of an Opiate Addict, has been shown.  A “Call to Action” has been introduced during each community meeting.  The pill take back initiative was also updated, which offers Iowans year around opportunities to discard unused, expired and unwanted medications at locations around the state.  To find those locations, access the website above and select the same link.  Other program initiatives and law changes were discussed.  To learn more about these initiatives, visit: www.facebook.com/EasternIowaHeroinInitiative.

Director Dale Woolery with the Governor’s Office of Drug Control Policy also provided updates on the Iowa Office of Drug Control Policy’s initiatives and programs.     

The meeting closed with a discussion of the way ahead.  Training initiatives with local law enforcement to better understand the administration of Narcan were highlighted.  Future town halls and public gatherings will continue to be used to engage and encourage area communities to join the fight against this threat.

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A woman who stole the identity of a United States citizen was sentenced Friday to more than two years in federal prison.

Elida Yepez-Alvarez, age 32, a Mexican citizen illegally residing in Marshalltown, Iowa, received the prison term after a June 23, 2016, guilty plea to one count of misuse of a Social Security Number and one count of aggravated identity theft.

The evidence showed that Yepez-Alvarez was convicted in the United States District Court for the Southern District of Iowa in 2006 of illegally using the name and Social Security Number of a United States citizen to obtain employment in Marshalltown.  In September 2008, an immigration court ordered Yepez-Alvarez to depart the United States by January 7, 2009, but she failed to leave the country as ordered.  On November 3, 2014, Yepez-Alvarez illegally used the name and Social Security Number of a different United States citizen to obtain employment in Tama.  On May 17, 2016, Yepez-Alvarez was arrested by immigration agents in Marshalltown.  At that time, Yepez-Alvarez turned over to agents a Social Security card, a Missouri identification card bearing her photo, and a birth certificate all in the name of the U.S. citizen whose identity she knowingly used.

Yepez-Alvarez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Yepez-Alvarez was sentenced to 28 months imprisonment.  She must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Yepez-Alvarez is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney 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 16-CR-37.

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CEDAR RAPIDS, IA – The United States Attorney’s Office, in partnership with the Eastern Iowa Heroin Initiative, Mason City Police Department, Cerro Gordo Sheriff’s Office, Prairie Ridge Integrated Behavioral Healthcare, and Mason City Youth Task Force has scheduled a community event on September 21st to discuss the heroin epidemic making its way into Eastern Iowa and beyond.  It is estimated that there are over 100 overdoses deaths each day, with more than three out of five overdose deaths involving opioids.  The greater Mason City area and surrounding communities are not immune to this threat. 

Viewed as a national challenge requiring a community solution, the meeting will bring the community together to exchange information and to discuss strategies to address the epidemic plaguing our state.  A special showing of the FBI and DEA documentary, Chasing the Dragon: The Life of an Opiate Addict, will be shown.  This 49-minute film presents a compilation of heart-wrenching first-person accounts by addicts and family members of addicts about their experiences.  A “Call to Action” will be introduced to the community by the Eastern Iowa Heroin Initiative. Visit: www.faceboook.com/EasternIowaHeroinInitiative, to learn more.

A representative from the U.S. Attorney’s Office will be present. The event is open to the public.

 

Event Details

When: Wednesday, September 21, 2016

Where: The Music Man Square, 308 S. Pennsylvania Ave., Mason City, IA 50401

Time: Begins at 6:00 p.m., and ends at 8:00 p.m.

 

Press wishing to attend should contact AUSA Steve Young at 319-731-4037, or by emailing him at steve.young@usdoj.gov.

 

A woman who lied to Deputy United States Marshals about the location of a federal fugitive was sentenced on September 16, 2016, to 10 months in federal prison.

Vivian Rochelle Weakley, age 28, from Dubuque, Iowa, received the prison term after a June 29, 2016, guilty plea to one count of obstruction of justice.

In a plea agreement, Weakley admitted that on April 19, 2016, she knew Antwain Deshaun Spratt was inside her residence in Dubuque when Deputy United States Marshals arrived at the residence looking to arrest Spratt on an outstanding federal arrest warrant.  Weakley falsely denied knowing Spratt, and claimed there was no one else in the home.  Shortly thereafter, Spratt was found hiding in an upstairs bedroom closet.  An unloaded handgun was found in Spratt’s clothes in a hamper right outside the closet.

Weakley was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Weakley was sentenced to 10 months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Weakley was released on the bond previously set and is to surrender to the United States Marshal in October 2016.

The case is being investigated by the United States Marshals Service and the Dubuque Police Department, 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 16-CR-30-LRR.

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A man who stole the identity of another person was sentenced last Friday to more than two years in federal prison.

Peter Eli George, age 34, from Dubuque, Iowa, received the prison term after a May 2, 2016, guilty plea to one count of misuse of a Social Security Number and one count of aggravated identity theft.

The evidence showed George used a birth certificate and a Social Security card of a real person to obtain a State of Iowa identification card on June 11, 2015.  On September 23, 2015, George used the documents to obtain a State of Iowa driver’s license.  In January 2016, George used the fraudulent driver’s license when stopped by police in Illinois.  George also used the victim’s identity when seeking medical treatment.  The victim of the identity theft reported that he had his tax refunds withheld, several fraudulent lines of credit were opened up using his identity, and his medical coverage was used by someone else.  When the victim confronted George by phone, George threatened the victim and told the victim to stop using his identity.  George later filed a complaint against the victim with the Social Security Administration and a credit reporting agency.  George had previously been convicted of forgery, theft, conspiracy to violate the drug laws, grand larceny of an auto, and taking a vehicle without owner’s consent.  Three of those convictions were under another alias, the name of another real person.

George was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  George was sentenced to 30 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.

George 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 Social Security Administration, Office of Inspector General, and the Bureau of Investigation & Identity Protection, Iowa Department of Transportation. 

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

The case file number is 16-CR-1009-LRR.

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A woman who made a false statement in an immigration petition was sentenced today to more than three months in federal prison.

Tamie Marie Samuels, age 46, from North Liberty, Iowa, received the prison term after a May 9, 2016, jury verdict finding her guilty of one count of making a false statement in an immigration matter. 

The evidence at trial showed that on March 11, 2015, Samuels filed an immigration petition to help her fourth husband, who she married on February 3, 2015, gain legal status to remain in the United States.  Samuels’ husband is from Jamaica and he entered the United States on a visitor visa on February 1, 2015.  In the immigration petition, Samuels falsely claimed she had never filed a petition for an alien relative before.  Samuels had previously filed a petition for an alien relative in 1997 for her second husband who was from Peru.  United States Citizenship and Immigration Services (USCIS) reviews immigration petitions and investigates whether the marital relationships indicate marriage fraud.  By denying that she filed a previous immigration petition, USCIS was unaware of Samuels previous filing which could have impacted USCIS’ review of the new petition.  The investigation of Samuels began in February 2015 when Homeland Security Investigations learned that Samuels had booked a flight and given her third husband’s U.S. passport to another individual to use to attempt to illegally enter the United States from an island in the Caribbean in May 2014. 

Samuels was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Samuels was sentenced to three months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Samuels was released on the bond previously set and is to surrender to the United States Marshal on October 10, 2016.

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

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 16-CR-0001.

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An office manager of a small dental practice in Mason City, Iowa who stole nearly $500,000 from her employer over the course of almost a decade pled guilty today in federal court in Cedar Rapids.

Pamela Harris f/k/a “Pamela Mahoney,” 58, from Mason City, Iowa, was convicted of Wire Fraud.  In a plea agreement, Harris admitted she was a trusted employee of the dental practice for approximately 21 years, from about 1993 until 2014.  During such time, she had sole responsibility for the practice’s day-to-day finances.  She was fired in 2014 after her fraud was discovered.

The two dentists that formed the practice authorized the creation of rubber stamps bearing their signatures to pay for legitimate expenses.  However, the dentists always required Harris to obtain authorization before using the rubber stamps on a check to pay a bill.  At no time did the dentists authorize Harris to create checks and use their rubber signature stamps to pay for her personal expenses without their knowledge.

Beginning no later than July 2005, and continuing through about May 2014, Harris devised and executed a scheme to defraud the dentists and their practice.  She used the dentists’ rubber signature stamps without their authorization to create forged checks drawn on the practice’s bank account.  By means of these forged checks, Harris caused the practice’s bank to make electronic funds transfers by wire directly into her bank account or into the accounts of third parties, including credit card companies, to pay for personal expenses that she or her dependents had incurred.  It was also part of Harris’s scheme to maintain and use various credit card accounts in the name of the dental practice to pay for personal expenses without the authorization of the dentists.  From time to time, Harris attempted to disguise the illegitimate payments by causing checks to be drawn close in time and in amounts identical to the legitimate rent expenses of the LLC.

Harris admitted that, in May 2012, she forged a check bearing the signatures of the dentists to pay for a $4,000 white plastic fence at her home.  In total, Harris admitted to stealing at least $474,915.54 from the dentists and their practice.  Her actions caused the dentists such substantial financial hardship that they needed to take out multiple lines of credit at local financial institutions to keep their dental practice in business.  Harris has agreed to make full restitution to her victims, as well as forfeit and abandon the proceeds of her crime.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Harris remains free on certain conditions of release pending sentencing.  Harris faces a possible maximum sentence of 20 years’ imprisonment without the possibility of parole, a maximum fine of twice gross gain or gross loss resulting from the offense, or $250,000, whichever is greater, a $100 in special assessment, and not more than three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Federal Bureau of Investigation and the Mason City Police Department. 

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

The case file number is 16-CR-3029-LRR.

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The three men responsible for Tony “T-Bone” Canfield’s death were sentenced to Federal Prison.

Devery Hibbler, age 26, from Dumas, Arkansas, Robert Beaver, age 35, from Sioux City, Iowa, and Courtland Clark, age 30, from Flowery Branch, Georgia, received their prison terms after June 10, 2016, guilty pleas.  Hibbler, Beaver, and Clark each pled guilty to interference with commerce by robbery.  In addition Clark and Hibbler also pled guilty to use of a firearm during and in relation to a crime of violence causing death.

Evidence at the change of plea hearings revealed: at about 11:00 pm on May 1, 2011, in Sioux City, Iowa, Beaver, Clark, and Hibbler, armed with a single loaded handgun, entered Tony Canfield's home to rob him of his marijuana and his marijuana proceeds.  Beaver beat and held Canfield's wife while Clark and Hibbler struggled with, and physically robbed Canfield.  Canfield resisted his attackers and attempted to escape the robbery by fleeing from his home.  Canfield did not make it to safety; he was shot to death on his front porch by Hibbler.

The three defendants escaped the crime scene and successfully avoided detection for nearly five years.  They were charged in a Superseding Indictment on April, 19, 2016.

Hibbler and Beaver were sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Devery Hibbler was sentenced to 420 months’

imprisonment,  Robert Beaver was sentenced to 240 months’ imprisonment, and Courtland Clark was sentenced to 252 months’ imprisonment.  Hibbler must serve a five-year term of supervised release after prison.  Beaver must serve a three-year term of supervised release after prison, and Clark must serve a five-year term of supervised release after prison.  There is no parole in the federal system.  Hibbler and Clark were each ordered to pay a $200 special assessment, and Beaver was ordered to pay a $100 special assessment.

United States Attorney Kevin Techau stated:

“I would like to commend the hard work and perseverance of the law enforcement officers and agents that investigated this case. The FBI and Sioux City Police department spent hundreds of hours collecting evidence and tracking down witnesses from numerous states. Because of their hard work and cooperation, a difficult murder case has been solved, and the perpetrators brought to justice.”

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

The case was investigated by the United States Department of Justice – Federal Bureau of Investigation, Sioux City Iowa Police Department, and the Woodbury County Attorney’s Office.  The case was prosecuted by Assistant United States Attorney Forde Fairchild. 

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

The case file number is 16-4009.

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A woman who unlawfully used another person’s identity to file a fraudulent tax return and steal money from the government pled guilty last week in federal court in Cedar Rapids.  She also pled guilty to lying to a government agency in order to receive housing assistance benefits.

Kaeisha Robinson, 39, from Cedar Rapids, Iowa, was convicted of one count of aggravated identity theft, one count of theft of government property, and one count of making false statements to a government agency. 

 In a plea agreement, Robinson admitted that from May 2011 to February 2013, she filed numerous false and fraudulent tax returns.  She further admitted that she filed these returns in both her own name and the names of others, some of whom were unaware that she was using their identities to file fraudulent returns.  Robinson also admitted that as a result of these fraudulent returns, she received refunds from the Internal Revenue Service and stole money from the government.  Finally, Robinson admitted that from October 2011 through July 2013, she lied on forms she completed in order to receive Section 8 housing assistance by failing to report all of her income.  This resulted in Robinson’s receipt of assistance to which she would not have been entitled had she been truthful.

“Investigating refund fraud and identity theft is a priority for IRS Criminal Investigation,” said Special Agent in Charge Karl Stiften.  “Stealing identities and filing false tax returns is a crime that hurts innocent taxpayers.  We are serious about holding those accountable who attempt to defraud the government.”

“This office will continue to work with the IRS to vigorously prosecute those who steal innocent people’s identities in order to file a false tax return and steal money,” said United States Attorney Kevin W. Techau.  “These crimes cause harm to the person whose identity is stolen and harm to the U.S. taxpayer.  Those who commit such crimes need to be held accountable.”   

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Robinson remains in custody of the United States Marshal.  Robinson faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of seventeen years’ imprisonment, a $750,000 fine, $300 in special assessments, and seven years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Internal Revenue Service-Criminal Investigation, United States Postal Service-Criminal Investigation, and the Department of Housing and Urban Development Office of the Inspector General. 

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 15-CR-0071.

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Two Cedar Rapids men who worked together to sell heroin and crack cocaine were sentenced yesterday to serve terms of imprisonment in federal prison.

Chanord Hawkins, age 23, from Cedar Rapids, Iowa, (formerly Chicago, Illinois), received a prison term of 30 months’ imprisonment after a May 17, 2016, guilty plea to one count of distribution of heroin and crack cocaine.  Donnell Cole, age 29, from Cedar Rapids, Iowa, (formerly Chicago, Illinois) received a 16-month prison term after a May 27, 2016, guilty plea to one count of distribution of heroin and crack cocaine.

At the guilty plea, both admitted working together to sell cocaine base, commonly called crack cocaine and heroin in the Cedar Rapids area during late 2015.

Both defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Both defendants must also serve a 3-year term of supervised release after the prison term and pay a special assessment of $100.  There is no parole in the federal system.  Both defendants 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 Tony Morfitt and investigated by 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 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. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 16-008. Follow us on Twitter @USAO_NDIA.

A Cedar Rapids man with an extensive criminal history who fired shots into the air in a residential neighborhood using a stolen handgun was sentenced yesterday to 10 years in federal prison.

Tiamo Blackcloud, 38, from Cedar Rapids, received the prison term after a January 25, 2016, guilty plea to being a prohibited person in possession of a firearm and ammunition.  He was prohibited from possessing the firearm and ammunition because he was a felon.

At the guilty plea hearing, Blackcloud admitted to firing a weapon into the air in a Cedar Rapids neighborhood on August 18, 2015.  He had been drinking at the time.  Blackcloud’s criminal history included two felony convictions and, in total, he had 56 criminal convictions.  His criminal activities began at age 18 and continued up to his arrest last August, and included numerous assaultive encounters with both women and the police.  The sentencing judge ordered a non-guideline sentence to the statutory maximum sentence based on his criminal history, risk to the public and nature and circumstances of the offense.

Blackcloud was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed.  Blackcloud must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Steve Young and investigated by the CRPD and the FBI’s Safe Streets Task Force. 

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

The case file number is 15-CR-00099.

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An Atkins man who committed tax evasion by not reporting all his income from the businesses he owned was sentenced earlier this week to 18 months in federal prison.

Bradley Tischer, age 51, from Atkins, IA, received the prison term after a guilty plea was entered for one count of tax evasion in March 2016.

In a plea agreement, Tischer admitted he owned and operated three bars and grills known as Brogan’s, Miguel’s and Bobby T’s. He also had a corporation known as JGT, Inc., which was used to operate Miguel’s and Bobby T’s.  Tischer underpaid his taxes from 2009-2013 and the resulting tax loss was over $250,000.00.  Each tax return contained a written declaration that it was signed under the penalty of perjury.  Tischer knew he had not reported all of his income.

Tischer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Tischer was sentenced to 18 months’ imprisonment and fined $5,000.00.  A special assessment of $100.00 was imposed, and he was ordered to make $2,961.88 in restitution to the United States for costs of prosecution.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Tischer 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 Matthew J. Cole and was investigated by Internal Revenue Service-Criminal Investigation.

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

The case file number is 16-cr-16.

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A Cedar Rapids man on federal supervised release was sentenced yesterday to more than 12 years in federal prison for possessing more than 35 grams of “ice” methamphetamine with the intent to distribute.

Pablo Ortega, age 40, from Cedar Rapids, Iowa, received a total prison sentence of 147 months’ after a March 24, 2016, guilty plea to possession with intent to deliver more than 5 grams of pure methamphetamine, which was further supported by his admission at yesterday’s hearing that he had violated the conditions of his supervised release by committing a new crime.  Ortega had been released from federal prison in December of 2014, after serving a 188 month prison term for another federal drug trafficking crime.

At his guilty plea, Ortega admitted he was on supervised release beginning in December 2014, and was subject to having his residence searched by federal probation officers.  On November 6, 2015, when the United States Probation Office conducted a search of his residence they found over 35 grams of “ice” methamphetamine, which is highly pure methamphetamine.

Ortega was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  For the violation of his supervised release, Ortega was sentenced to 60 months’ imprisonment.  For the new drug crime, Ortega was sentenced to 87 months’ imprisonment to be served consecutively with the other term of 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.

The case was prosecuted by Assistant United States Attorney Patrick Reinert and investigated by the United States Probation Office, Cedar Rapids Police Department, and the Federal Bureau of Investigation.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl under file numbers are CR 00-3020 and CR 16-0010. Follow us on Twitter @USAO_NDIA.

A former school bus attendant who enticed three minors pled guilty today in federal court in Cedar Rapids.

Tyler Konigsmark, age 20, of Cedar Rapids, was convicted of one count of enticement of minors.  At the plea hearing and in a plea agreement, Konigsmark admitted that, between April and May of this year, he used Snapchat and his iPhone to request sexually explicit images from three girls, age 12, 13, and 14, who rode on school buses where he was an attendant.  He also admitted that, on two occasions, he had sexual intercourse with the 12-year-old girl after he used Snapchat and his cell phone to arrange meetings with her.

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Konigsmark remains in custody of the United States Marshal pending sentencing.  Konigsmark faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation, the Hiawatha Police Department, 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 16-57.

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An Iowa man who illegally possessed firearms was sentenced today to more than three years in federal prison.

Dale Edward White, 25, from Nashua, Iowa, received the prison term after a April 27, 2016, guilty plea to possession of a firearm and ammunition as a prohibited person.  White was prohibited from possessing firearms and ammunition because of his illegal drug use.

Evidence during the proceedings showed that on January 2, 2016, police responded to White’s residence after receiving a 911 call regarding a shooting.  Prior to the call, White and his father were handling a .22 caliber rifle in the living room of the residence they shared.  The firearm was loaded with .22 caliber ammunition.  During the handling of the firearm, the firearm accidently discharged, striking White’s father who eventually passed away as a result of this injury.

During the investigation, police seized 49 firearms from White’s residence.  These firearms included handguns, shotguns, and rifles.  Police also seized evidence consistent with drug use.  At the time he possessed these firearms, White was a user of methamphetamine and marijuana.    

White was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  White was sentenced to 47 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.

White 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 Lisa C. Williams and investigated by the Iowa Division of Criminal Investigation, the Nashua Police Department, the Chickasaw 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 number is 16-cr-2013.

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A Dubuque man who fired at least seven shots into Jackson Park was sentenced today to 10 years in federal prison.

Cowan Godfrey, 31, from Dubuque, Iowa, received the prison term after a March 8, 2016, guilty plea to felon in possession of ammunition.

Evidence at sentencing showed that on April 1, 2015, Godfrey, and fellow gang members, went to Jackson Street Park, in Dubuque, Iowa.  While at the park, Godfrey and his associates became involved in an altercation with another group of individuals.  During the altercation Godfrey retrieved a firearm from a nearby car and fired at least seven shots into the park.  Numerous children and families were present during the shooting and a least one bullet hit playground equipment.  No one was injured.      

Godfrey was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Godfrey was sentenced to 120 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.

Godfrey 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 Lisa C. Williams and investigated by the Dubuque Police Department. 

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

The case file number is 15-cr-1027.

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A husband and wife who illegally possessed a firearm were each sentenced yesterday to a five year term of probation.

Willie Earl Horsley, Sr., 30, and Raven Javay Harris, 26, from Dubuque, Iowa, received the sentence after an April 20, 2016, guilty plea to possession of a firearm and ammunition by a prohibited person.  Both individuals were prohibited from possessing a firearm because of their illegal drug use. 

Evidence during the proceedings showed that Horsley and Harris were both unlawful users of marijuana and kept in their residence a .45 caliber pistol.  On January 3, 2016, police responded to their residence after receiving a 911 call regarding a shooting.  Horsley and Harris’ had left the firearm in their bedroom, accessible to their minor children.  The children began playing with the firearm, which led to the shooting of Horsley and Harris’ two year old son.  The child suffered multiple injuries and was airlifted to the University of Iowa Hospitals for treatment.

Horsley and Harris were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  A special assessment of $100 was imposed. 

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Dubuque Police Department. 

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

The case file number is 16-cr-1006.

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A Mexican man who had previously been deported five times was sentenced today to more than three years in federal prison.

Manuel Sanchez-Rojas, 47, a citizen of Mexico who had been living in Waterloo, Iowa, received the prison term after a June 2, 2016, guilty plea to one count of illegal reentry of a removed alien after an aggravated felony conviction.

At the guilty plea, Sanchez-Rojas admitted he illegally reentered the United States without permission after having been deported from the United States in 1992, 1997, 2000, 2004, and 2005.  Sanchez-Rojas was found by immigration authorities in Iowa on April 14, 2016, after Sanchez-Rojas had been arrested in Waterloo on a theft charge.  After being arrested by immigration agents, Sanchez-Rojas threatened to return to the United States and shoot the agents.  Sanchez-Rosa had previously been convicted 11 times in the United States, including convictions for assault with a deadly weapon, possession of a firearm, and burglary four times.

Sanchez-Rojas was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand.  Sanchez-Rojas was sentenced to 37 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.

Sanchez-Rojas 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 16-CR-2021.

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CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa is joining with the FBI, DOJ’s Community Relations Service, Webster County Attorney and Sheriff’s Offices, Fort Dodge Police Department, and the Fort Dodge Human Rights Commission to host a forum designed to identify and address key issues related to hate crime reporting, investigation, prosecution and prevention.  The forum is designed to build collaboration among key partners in an effort to prevent and respond to bias incidents and hate crimes.

U.S. Attorney Kevin W. Techau will be present and joined by Darryck Dean, a DOJ Conciliation Specialist with the Community Relations Service located in Kansas City.  Mr. Dean was actively involved in community conciliation efforts following the incidents in Ferguson, Mo.  A flyer announcing the forum is attached.

 

Event Details

When:       Tuesday, August 30, 2016

Where:     Iowa Central Community College, Bio-Health Science Building Auditorium, One Triton Circle, Fort Dodge, IA 50501

Time:        Starts at 6:00 p.m., ends at 8:00 p.m.

 

This is a “pen and pad” opportunity for the press.  Photography permitted.  A press release will be provided and interview opportunities will be available. 

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CEDAR RAPIDS, IOWA –United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Deputy Director Thomas E. Brandon presented the Honor Award to Assistant United States Attorney Forde Fairchild for his investigation and successful prosecution of an individual who waged a campaign of violence in the greater Sioux City, Iowa community. He received this award today at the 20th Annual ATF Awards Ceremony held at the agency’s National Headquarters in Washington D.C.  Presenting the award was NBC News Justice Department Correspondent Louis Alan “Pete” Williams.

The Honor Award given to a select few non-ATF government officials or individuals from the private sector who have significantly contributed to ATF’s overall mission through long-standing support, cooperation, and/or an allocation of human or materiel resources.   

 Fairchild was involved in an investigation and prosecution that spanned more than three states and an Indian Reservation, and lasted almost three years.  Multiple federal, state and local law enforcement agencies were involved in the investigation and supported the ultimate successful prosecution of 13 individuals.

United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated “We are profoundly proud of Assistant United States Attorney Forde Fairchild for his tireless managing of the legal aspects of his complex investigations and prosecutions. The ATF Honor Award could not have been given to a more deserving prosecutor.  He made Sioux City a safer place to live after putting a career criminal away for life.”

Summary of Facts

In March 2012, gang member Jamal Dean shot two individuals—one in Sioux City, Iowa and the other in South Sioux City, Nebraska.  While these offenses were being investigated, he was sent to state prison for an unrelated drug-distribution offense. Dean was released from prison in December of that year.

On April 2013, Dean, his brother (also a fellow gang member) and another individual traveled from South Sioux City, Nebraska, to Sioux City, Iowa where they beat and robbed at gun point a small time drug-dealer.  The threesome retreated to Nebraska after the attack.  Again in April, Dean and his brother traveled from Nebraska to Iowa and back after beating and robbing at gun point a larger drug dealer.  

On April 29, 2013, Dean, in an attempt to escape being arrested for these crimes, fired eight rounds at Sioux City, Iowa, Police Officer Kevin McCormick, striking him once in the head with a bullet. Officer McCormick survived the attack.

Dean, with the help of a getaway team (made up of his friends, family, and fellow gangsters), avoided arrest until early May 2013, when he was arrested by officers of the Texas Department of Public Safety just 70 miles from Mexico in a car heading south.  The obstructive conduct continued even after Dean’s capture.  Confederates made material false statements to federal authorities and deleted the contents of their mobile phones and an iPad.

Challenges

The case was a difficult and lengthy investigation, produced thousands of items of discovery, multiple detention hearings, multiple motions to dismiss, motions to sever counts and defendants, a contested motion and hearing regarding the United States’ request for heightened security procedures at trial, a week-long multi- defendant trial, a second multi-defendant trial that plead out shortly before trial, 12 vigorously contested sentencing hearings, and a consolidated appeal to the United States Court of Appeals.        

The Outcomes

The combined cases resulted in 13 convictions including a life sentence for Jamal Dean. 

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CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa invited the citizens of Black Hawk County to participate last night in a forum to discuss hate crimes and bias incidents.  A representative from the Department of Justice’s Community Relations Service (CRS) served as the moderator.

Pursuant to the Hate Crimes Protection Act, CRS is authorized to work with communities to help them develop the capacity to prevent and respond more effectively to violent hate crimes allegedly committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion, or disability.  CRS is a remarkably unique federal component dedicated to assisting state and local units of government, private and public organizations, and community groups develop local capacity to prevent racial and ethnic tensions.

Joining in the forum were representatives from the Federal Bureau of Investigation, Black Hawk County Attorney and Sheriff’s Offices, Waterloo Police Department, Waterloo’s Human Rights Commission, and the Cedar Falls Police Department.  The forum was sponsored by University of Northern Iowa – UniCue, One Iowa, Alpha Phi Alpha Fraternity, Inc., and the Waterloo Commission on Human Rights.

United States Attorney Kevin W. Techau expressed appreciation to the agencies involved and the community members attending for their willingness to discuss in a positive way an issue communities across the country sometimes encounter.  Techau stated, “The Department of Justice is committed to protecting the rights and freedoms of all people.  Last night’s meeting was an opportunity to discuss the topic of hate crimes in a safe environment.  Hate crimes represent an attack not just on the individual victim but also on the victim's community.  The impact is broader because they send a message of hate. They are intended to create fear.  Hate crimes diminish us all.  We are committed to working with all communities to address the issue by working to prevent hate crimes as well as investigate and prosecute hate crimes whenever and wherever necessary.”

Assistant U.S. Attorney Tony Morfitt provided information on the federal statutes that criminalize various types of hate crimes.  He covered the evolution of federal hate crime law and the recent expansion of the groups protected by federal hate crime laws. 

Morfitt emphasized that the defining characteristic of a federal hate crime is that the actions must have been motivated by hate and that an individual cannot be found guilty federally unless the government proves the person acted “because of” the victim’s status as a member of a protected group.  As an example, Morfitt pointed to the case of United States of America v. Randy Metcalf, where the government recently proved at trial that a Dubuque resident had assaulted an African American man in a local bar because of his race.

Presentations were made by the Black Hawk County Attorney and Sheriff, Waterloo Chief of Police, Cedar Falls Police Department, FBI Resident Agent in Charge for Iowa-Nebraska, and the Waterloo Human Rights Commission. A conciliation specialist with DOJ’s Community Relations Service served as the moderator and engaged the presenters and those attending with fact-building hypotheticals designed to challenge the meaning of hate crimes and bias incidents.  Those attending actively engaged the panel in a Q&A session.

To learn more about the Department of Justice’s Community Relations Service, visit: https://www.justice.gov/crs.

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Six men and four women responsible for distributing hundreds of pounds of methamphetamine were sentenced earlier this week to various federal prison terms.

Mario Murillo-Mora, 41, from Michoacán, Mexico, received a 262-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.

Jeff Richardson, 50, from Cambridge, Iowa, received a 262-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Austin Bertch, 31, from Waterloo, Iowa, received a 176-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Gustavo Gonzalez-Torres, 26, from Marshalltown, Iowa, received a 168-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Rafael Avalos-Castellanos, 41, from Michoacán, Mexico, received a 147-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.

Jason Gauthier, 41, from Marshalltown, Iowa, received a 113-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Rachel Berrones, 26, from Marshalltown, Iowa, received a 105-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Vania Guadarrama, 30, from Chicago, Illinois, received a 78-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Jessica Ceniceros, 26, from Marshalltown, Iowa, received a 71-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Ragan Victor, 34, from Marshalltown, Iowa, received a 43-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.

Evidence at the guilty pleas and other court proceedings showed that in the Spring of 2013, Mario Murillo Mora began building a drug trafficking organization responsible for distributing multiple pounds of ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa.  At least 250 pounds of ice methamphetamine was distributed by various members of the organization during the course of the conspiracy.  Murillo Mora recruited various individuals to assist with transporting, storing, and distributing ice methamphetamine, as well as collecting money and wiring drug proceeds back to sources of supply.  Other individuals obtained ice methamphetamine from Murillo Mora in pound to multiple pound quantities for redistribution to a network of retail level customers.  Methamphetamine arrived in Marshalltown from Mexico and California concealed in vehicles.  Once transported to Marshalltown, the methamphetamine was broken down and repackaged for further distribution.    

All defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  A special assessment of $100 to $200 was imposed on all defendants and they must also each serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office. 

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

The case file number is 15-cr-2015.

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Three Marshalltown residents who conspired to distribute methamphetamine were convicted by a jury on August 16, 2016, after a five-day trial in federal court in Cedar Rapids.

Daniela Castellanos, 29, Juan Flores, a/k/a Alejandro Becerra, 28, and Marcos Perez-Trevino, 46, all from Marshalltown, Iowa, were convicted of conspiring to distribute methamphetamine.  The verdict was returned following about three hours of jury deliberations.

The evidence at trial showed that all three individuals were involved in a large conspiracy responsible for distributing multiple pounds of ice methamphetamine throughout Northern Iowa.  Flores and Perez-Trevino served as sources of supply for the organization, distributing methamphetamine in multiple ounce and pound quantities, while Castellanos was responsible for transporting and delivering methamphetamine and wiring drug proceeds to Mexico.  To date, over thirty individuals have been found guilty of conspiring to distribute methamphetamine as part of this organization.      

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  All three defendants remain in custody of the United States Marshal.  Perez-Trevino face a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, over $10,000,000 in fines, $100 in special assessments, and at least five years of supervised release following any imprisonment.  Castellanos and Flores face up to twenty years imprisonment, over $1,000,000 in fines, $100 in special assessments, and at least three years of supervised release. 

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams 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 Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart 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. 

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

The case file number is 15-cr-2037.

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CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa is joining with the FBI, DOJ’s Community Relations Service, Black Hawk County Attorney and Sheriff’s Offices, Waterloo Police Department, Waterloo’s Human Rights Commission, and the Cedar Falls Police Department to host a forum designed to identify and address key issues related to hate crime reporting, investigation, prosecution and prevention.  The forum is designed to build collaboration among key partners in an effort to prevent and respond to bias incidents and hate crimes.

U.S. Attorney Kevin W. Techau will be present and joined by Darryck Dean, a DOJ Conciliation Specialist with the Community Relations Service located in Kansas City.  Mr. Dean was actively involved in community conciliation efforts following the incidents in Ferguson, Mo.  A flyer announcing the forum is attached.

 

Event Details

When:       Tuesday, August 23, 2016

Where:     University of Northern Iowa – Center for Urban Education

                   800 Sycamore, Waterloo, Iowa 50703

Time:        Starts at 6:00 p.m., ends at 8:00 p.m.

 

This is a “pen and pad” opportunity for the press.  Photography permitted.  A press release will be provided and interview opportunities will be available. 

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A man who sexually exploited a child, distributed child pornography, and received child pornography was convicted by a jury on Thursday, August 11, 2016, after a four-day trial in federal court in Cedar Rapids.

Bryan King, age 46, from Marion, Iowa, was convicted of one count of sexual exploitation of a child, one count of distribution of child pornography, and one count of receipt of child pornography.  The verdict was returned following over an hour of jury deliberations. 

The evidence at trial showed that, in October 2014, King persuaded and attempted to persuade, induce, and entice a 15-year-old child to produce an image depicting sexually explicit conduct.  The evidence also showed that King distributed this image and an image of another child to another person.

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  King remains in custody of the United States Marshal pending sentencing.  King faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 70 years’ imprisonment, a $750,000 fine, a $300 special assessment, and supervised release for 5 years to life following any imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Douglas County, Nebraska, Sheriff’s Office, and the Federal Bureau of 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 15-87.