Northern District of Iowa

SIOUX CITY, IOWA – The United States Attorneys’ Offices for the Northern District of Iowa and the Districts of Nebraska and Kansas convened the 2016 Indian Country Conference in Sioux City.  Over 100 victim service professionals and law enforcement officers attended the conference, entitled “Crimes Against Children.” Participants attending the conference were updated on threats facing children in Indian Country and the need for a community based response.

This annual conference began in 2007 with a particular focus on crimes in Indian Country.  While the central focus remains the same—ensuring the more vulnerable people in native communities are protected and to make their homes safe—the nature and scope of the issues have continued to evolve requiring important networking and training that comes from the conference.

U.S. Attorney Kevin W. Techau recognized the importance of the conference stating, “Providing this training conference brings together allied professionals to gain more knowledge and insight so they can better assist victims.”  He concluded noting, “Improving public safety and the fair administration of justice in tribal communities have been and remain top priorities for the Department of Justice.” 

A noted expert on human trafficking in Indian Country, Detective Josephina Sabori, with the Pima County, Arizona Sheriff’s Department discussed victim approach and indicators, perception, luring, and best practices for establishing a rapport with victim-survivors of human trafficking.  She also highlighted the AMBER Alert in Indian Country initiative and how tribal communities can develop their own comprehensive child abduction response plan.

Conference attendees also received training on the variety of continuing and emerging victim issues to better equip them to serve child crime victims in Indian Country.  Among the training sessions attendees participated were workshops on child advocacy, domestic violence, violence against children, human trafficking, and working with people in crisis.

Victim-Witness Specialist for the Northern District of Iowa, Shari Konarske noted, “The successes that come from this conference does not come in a vacuum, or by any single agency, government or individual.  Instead, they are the result of ongoing consultation, collaboration and coordination among many who have the same goal.”

To learn more about the Department of Justice’s efforts on tribal justice, visit: https://www.justice.gov/otj.

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Two men and one woman who robbed a bank in Palo in May have pled guilty in federal court in Cedar Rapids.

Lance Monden, age 33 from Cedar Rapids, Stanley Mosley, age 36 from Coralville, and Katherine Pihl, age 39 from Tiffin, were all convicted of one count of bank robbery.

Evidence at the plea hearings and an earlier court hearing established that the three robbed the Palo Savings Bank on May 20, 2016.  At approximately 2:35 p.m. on that day, Monden and Mosley entered the Palo Savings Bank.  Both were wearing black masks and hooded sweatshirts.  The two yelled at the employees in the bank and went from teller drawer to teller drawer taking cash and putting it in either the pockets of a sweatshirt or a backpack that one of the robbers was wearing.  Monden and Mosley spent about one minute in the bank before running out the door.

Pihl was waiting outside the bank with a Ford Taurus to use as a getaway car.  After leaving the bank, Monden and Mosley got into the trunk of the Taurus.  Pihl then drove the Taurus out of Palo and south towards Cedar Rapids.  Witnesses saw Monden and Mosley running from the bank wearing masks and then saw the Taurus leaving the area of the bank and reported this information to 911.  About seven minutes after the bank robbery, a deputy with the Linn County Sheriff’s Office stopped the Taurus and found Monden and Mosley hiding in the trunk of the car.  Law enforcement found cash in a backpack in the trunk of the car and on the persons of Monden and Mosley. 

Sentencing before United States District Court Leonard T. Strand will be set after a presentence report is prepared.  Monden and Mosley remain in the custody of the United States Marshal.  Pihl remains free on conditions previously set.  All three face a possible maximum sentence of 20 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 Anthony Morfitt and was investigated by the Linn County Sheriff’s Office. 

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

The case file number is 16-CR-00051.

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Richard Delp, 62, from Cedar Falls, Iowa, pled guilty August 3, 2016, in federal court in Cedar Rapids, to a charge of unlawfully storing hazardous waste.

Evidence presented at the change of plea hearing revealed Delp, from about January 1, 2004, and continuing to on or about October 23, 2012, knowingly stored, or caused the storage of, hazardous waste by storing drums, tanks, totes, and vats containing corrosive and toxic hazardous waste at his now defunct Cedar Valley Electroplating facility in Cedar Falls, Iowa, without a permit authorizing the storage.  Delp continued to unlawfully store the hazardous waste despite being alerted to the problem in 2005 and, again, in 2010 by civil inspections conducted by the United States Environmental Protection Agency (“EPA”).  Instead of addressing the problem, he abandoned the hazardous wastes when he closed the business in September 2011.  This resulted in the public paying more than $789,138.03 in clean-up costs.    

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Delp remains free on bond previously set.  Delp faces a possible maximum sentence of 5 years’ imprisonment, a fine of not more than $50,000 for each day of violation, a $100 in special assessments, and up to five years of supervised release following any imprisonment.

The case was investigated by the Environmental Protection Agency Criminal investigation Division and is being 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 CR16-2022.

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CEDAR RAPIDS, IOWA – Tuesday, August 2, 2016, attorneys from the United States Attorney’s Office will join members of law enforcement and the community as part of the 33rd annual National Night Out campaign. 

National Night Out is designed to enhance police-community relations, heighten crime prevention awareness, generate support for and participation in local anti-crime efforts, and strengthen neighborhood spirit.  National Night Out organizers are expecting more than 16,000 communities and 38 million people to take part in community events.

“National Night Out is a great way for all neighbors to join with both law enforcement and community partners to demonstrate that crime does not rule the night and that criminals have no safe haven when the sun goes down,” said United States Attorney Kevin W. Techau. “The ‘Night Out’ is also a great way to acknowledge the accomplishments of our neighborhood organizations that keep communities safe, and to thank our law enforcement community for putting their lives on the line for us every day.”

Assistant United States Attorneys will be joining community leaders and law enforcement in Sioux City, Cedar Rapids, Marion, Waterloo and Dubuque.

To learn more about National Night Out go to: https://natw.org/registration.          

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Ranae Harriet Van Roekel, 48, from Hull, Iowa, pled guilty today in federal court in Sioux City and was convicted of one count of mail fraud and one count of filing a false tax return.

Evidence produced at the plea hearing revealed, from about January 2008 to about June 2012, Van Roekel, used the internet, phone networks, and the United States Mail, to claim to have access to tickets to various events (including Super Bowl XLVI) at steeply discounted prices because of some claimed personal relationship, membership, or association with the events or related organizations. For example, she claimed to have come by access to discounted Super Bowl XLVI tickets by fraudulently claiming she was a member of the Super Bowl Planning Committee.

She then collected money from victims, through the United States Mail purportedly for the purpose of obtaining these tickets, hotel rooms, and other goods and services, but then claimed she could not fill most of the orders.  Defendant paid some victims "refunds" with money from newly acquired victims to prevent detection of the scheme

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Van Roekel remains free on bond previously set; Van Roekel faces up to 20 years imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment on the mail fraud count, and up to 8 years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to one year of supervised release following any imprisonment on the filing a false income tax return count.

The case was investigated by the United States Postal Inspection Service, The Iowa Attorney General’s Office, and the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Forde Fairchild. 

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

The case file number is CR16-4059.

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CEDAR RAPIDS, IA – The U.S. Attorney’s Office recently settled access complaints against three local restaurants under the Americans with Disabilities Act (“ADA”).  The Hacienda Las Glorias, Lone Star Steakhouse, and The Irish Democrat, all covered under Title III of the ADA, agreed to comply with the Act’s provisions ensuring equal access within the restaurants.

United States Attorney for the Northern District of Iowa Kevin W. Techau stated, “This office is committed to the full and fair enforcement of the Americans with Disabilities Act.  These agreements demonstrate the vital importance of the Act so that people with disabilities can enjoy access to restaurants and businesses.”

The Hacienda Las Glorias, Cedar Rapids, Iowa, agreed to address several access issues including agreeing to install a first floor bathroom in its restaurant by August 15, 2016, which previously was only provided in its basement. Hacienda Las Glorias will also ensure accessibility to its parking, restaurant entrances, waiting area, bar area, and dining areas by June 15, 2017.

Delaine Petersen, a longtime ADA advocate and former Executive Director at The Arc of East Central Iowa, stated she “Appreciates the perseverance that the Justice Department exerted to gain ADA compliance at Hacienda Las Glorias.  The result of the department’s efforts will allow all citizens with disabilities or without the right to fully access and patronize this establishment. The settlement is a strong statement that all citizens can and should be able to fully utilize the community.”

Lone Star Steakhouse & Saloon, Cedar Rapids, Iowa, agreed to correct certain features of the restaurant that prevented persons with disabilities from accessing portions of the restaurant. Lone Star agreed to bring ramps, dining areas, and bathrooms into compliance with the Act.  Lone Star will submit reports to the U.S. Attorney’s Office for three years or until all barriers to access are resolved.   

The Irish Democrat Pub & Grill, Cedar Rapids, Iowa, agreed to remove barriers that prevented persons with disabilities from accessing portions of the restaurant.  The Irish Democrat agreed to make the front entrance, dining areas (including free standing tables, bars and booths) and its toilet rooms accessible to persons with disabilities. The Irish Democrat will submit reports to the U.S. Attorney’s Office for three years or until all barriers to access are resolved. 

David Thielen, Executive Director of The ARC of East Central Iowa offered, “The mission at The Arc is to empower people with intellectual and related disabilities to engage in lifelong opportunities to live, learn, work and play with dignity, freedom, and full inclusion in their communities.  This settlement will now afford the freedom of so many people with disabilities of full inclusion in our community, especially at these dining facilities.  We are pleased at the outcome of this decision and pleased to see these restaurants will remedy the issues.” 

The settlement documents detailing the terms of the agreements are attached to this release.

These matters were handled by Assistant United States Attorney Stephanie Wright and the Disabilities Rights Section of the United States Department of Justice.

The public may access the U.S. Attorney’s website to file an ADA complaint at www.justice.gov/usao/ian.  After completing the form, it may be sent by mail, fax, or e mail.  You may learn more about the Americans with Disabilities Act by going to the Department of Justice web page at www.ada.gov.

Today is the 26th anniversary of the signing of the ADA.     

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Joshua Manning, age 22, from Maquoketa, Iowa, has been charged with one count of distribution of furanyl fentanyl.­  The charge is contained in an Indictment unsealed on July 22, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about March 3, 2016, Manning distributed a substance called furanyl fentanyl.  The Indictment alleges that furanyl fentanyl is an analogue of fentanyl, and that Manning knew that the substance was intended for human consumption.

If convicted, Manning 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.­

Manning appeared on July 22, 2016, in federal court in Cedar Rapids and was held without bond.  Manning’s next appearance for a status hearing is set for August 24, 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 investigated by the Dubuque Drug Task Force, Maquoketa Police Department, and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and 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-01031-LTS.

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Tyler Konigsmark, age 20, of Cedar Rapids, Iowa, appeared today in federal court in Cedar Rapids for a detention hearing.  Konigsmark was ordered held without bond pending further proceedings.     

Konigsmark has been charged with sexual exploitation of children and enticement of minors.  The charges are contained in an Indictment unsealed on July 21, 2016.  The Indictment alleges that, between April and May 2016, Konigsmark persuaded and attempted to persuade, induce, and entice minors to engage in sexually explicit conduct for the purposes of producing visual depictions and engaging in sexual activity.   

According to information disclosed at today’s detention hearing, between March and May 2016, Konigsmark was employed by the Cedar Rapids Community School District as a school bus attendant.  Konigsmark was an attendant on buses servicing, at least, Taft and Harding middle schools.  While working as a bus attendant, Konigsmark allegedly used a mobile telephone to contact two minor females, ages 13 and 14, and attempted to persuade the girls to send him nude images of themselves.  Konigsmark also allegedly contacted a third minor female, age 12, and persuaded the girl to send him nude images of herself.  The 12-year-old girl allegedly sent him nude images of her breasts and vagina.  Konigsmark also allegedly engaged in sexual intercourse with the 12-year-old girl.    

Konigsmark’s next appearance for trial is scheduled for September 19, 2016, in Cedar Rapids.  If convicted, Konigsmark faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation, the 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.  Additional information about the case can be found at https://www.justice.gov/usao-ndia/united-states-v-tyler-konigsmark-16-cr-00057.

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A Vinton woman who possessed methamphetamine with intent to distribute pled guilty today in federal court in Cedar Rapids.

Angelika McAtee, age 58, from Vinton, Iowa, was convicted of possessing over 48 grams of pure methamphetamine with intent to distribute it.

At the plea hearing, McAtee admitted that she had been selling methamphetamine.  She also admitted to possessing the methamphetamine seized from her Vinton, Iowa, residence on April 29, 2016, and intended to distribute it to others.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  McAtee was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  McAtee faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and 3 years to life on supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel Tvedt and was investigated by Vinton Police Department, Benton County Sheriff’s Office, Iowa Division of Narcotics Enforcement, United States Department Homeland Security, Homeland Security Investigations, Bureau of Alcohol, Tobacco and Firearms, Benton County Conservation Commission, 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-0045.

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CEDAR RAPIDS, IA – The United States Attorney’s Office is hosting three half day workshops across the Northern District entitled, “Iowa’s Untapped Workforce: A Roadmap for Second Chance Hiring.”  The first of these free workshops begins tomorrow in Cedar Rapids, followed by Fort Dodge on July 27th and Sioux City the next day.

Literally thousands of justice-involved individuals are released from America’s state and federal prisons every week and arrive on the doorsteps of our nation’s communities. Studies show that approximately two-thirds of all those released will likely be rearrested within three years of release. For the communities to which most former prisoners return (communities which are often impoverished and disenfranchised neighborhoods with few social supports and persistently high crime rates), the release of ex-offenders represents a variety of challenges.

What can be done to help people who are released from prison keep from being rearrested? With no job, no money, and no place to live, returnees often find themselves facing the same pressures and temptations that landed them in prison in the first place.

The goal of the workshops is to assist ex-prisoners in finding and keeping employment, identifying transitional housing, and receiving mentoring which are three key elements of successful re-entry back into their communities.  This goal will be achieved by providing employers, business students, human resource professionals, and community members informative “takeaways” about the benefits of hiring individuals with a criminal history and to dispel many myths. 

Earlier this year the Department of Justice designated one week in April as National Reentry Week.  United States Attorney General Loretta E. Lynch participated in several events around the country.  She noted during one of those visits that, “Too often, justice-involved individuals who have paid their debt to society confront daunting obstacles to good jobs, decent housing, adequate health care, quality education, and even the right to vote. National Reentry is working to tear down the barriers that stand between returning citizens and a meaningful second chance – leading to brighter futures and stronger communities.”

United States Attorney Kevin W. Techau also offered his thoughts on the initiative, “Employment is one of the largest indicators of whether an individual who has been released from prison will re-offend.  It is undisputed that employment decreases the risk of an individual committing a new crime. Increasing public safety is a goal we all should share.”  He also noted that the workshops will help employers better understand the significant role they can play, which will benefit the communities in which they live.

The Untapped Workforce events will highlight the reasons why employers should consider hiring someone with a felony or criminal record.  Participants will learn about the tax credits and federal bonding programs that help protect employers who engage in “second chance” hiring.  Information will be presented detailing how employers can work with corrections staff and probation officers to find potential employees who have the relevant vocational training and skills to become an asset to their company.  Participants will also hear from the EEOC regarding Best Practices and employment guidance, helping employers understand what they can ask potential employees about their criminal history and how to shape a hiring policy that will protect their company and be legally compliant. 

The keynote speaker will be Arte Nathan, the now retired Director of Human Resources and Senior Vice President for Wynn Resorts and Casinos.  Mr. Nathan was responsible for opening and staffing numerous Wynn resorts and casinos around the world, including the Bellagio in Las Vegas.  He hired over 100,000 employees in his career.  Nathan will share his story, including his decision to take a chance on hiring ex-gang members and ex-felons and how that decision positively impacted the lives of those individuals and their families, while also benefiting his company and the communities in which they lived.  He will share advice on how local employers can likewise make a positive impact in the community without jeopardizing their business. 

All participants will be able to participate in a "reentry simulation" activity during which they will assume the fictional identity of someone being released from prison.  They will be required to navigate through probation and parole requirements, obtain a job, and avoid going back to prison.  The one hour exercise has been a highlight of similar events around the country, and helps participants understand the barriers that are often encountered by people coming out of prison.

A number of agencies and organizations assisted the United States Attorney’s Office in organizing these events.  The primary co-sponsors include Iowa Workforce Development, IowaWORKS, The Siouxland Initiative, the Iowa Department of Corrections, the Employers’ Councils of Iowa, and the nonprofit America’s Job Honor Awards. 

To learn more about the Department of Justice’s Reentry initiative, visit: https://www.justice.gov/archive/fbci/progmenu_reentry.html.

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CEDAR RAPIDS, IA – The United States Attorney’s Office is hosting three workshops entitled, “Iowa’s Untapped Workforce: A Roadmap for Second Chance Hiring,” for employers, business students, human resource professionals, and community members across the District next week.  The workshops will help participants better understand the significant role they can play in assisting ex-offenders reenter society.  It is undisputed that employment decreases the risk of an individual committing a new crime. The workshops will provide “takeaways” about the benefits of hiring individuals with a criminal history and to dispel many myths. 

U.S. Attorney Kevin W. Techau will be present at the workshops.  Key state officials from Iowa Workforce Development and the Department of Corrections will be attending.  A keynote speaker from the casino industry will share his story of hiring ex-gang members and ex-felons and how that decision positively impacted their lives, while benefiting his company and the communities in which they lived.

 

Event Details

When:  July 26th (Cedar Rapids), 27th (Ft. Dodge), and 28th (Sioux City)

Where: Clarion Hotel (Cedar Rapids), Best Western Starlight Village (Ft. Dodge), and Bev’s on the River (Sioux City)

Time:   8:30 a.m. to 12:30 p.m.   

 

Interview opportunities will be available. 

A member of the same gang as Jamal Dean, who made false statements while testifying as a witness at Dean’s sentencing, was sentenced to 24 months in federal prison yesterday.

Cesar Ramos, age 27, from Sioux City, Iowa, received the prison term July 20, 2016, after a jury found him guilty on April 12, 2016, of three counts of making false material declarations. 

The evidence at trial revealed the following facts.  Ramos and Dean were in the same gang and Jaime Espinoza was in another gang.  After Dean shot Espinoza, Ramos – according to statements he gave to investigators – drove Dean away from the scene of the shooting.  When he was asked about these observations at Dean’s sentencing he feigned a memory lapse repeatedly answering: “I don’t remember.”  The jury found these answers were made under oath, were false, that Ramos knew they were false, and they were material to the district court’s sentencing inquiry; and, therefore, constituted perjury.

Ramos was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Ramos was sentenced to 24 months’ imprisonment.  A special assessment of $300 was imposed.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Sioux City Police Department and the United States Department of Justice’s Bureau of Alcohol Tobacco Firearms and Explosives.  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 15-4058.

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Tyler Konigsmark, age 20, of Cedar Rapids, Iowa, has been charged with sexual exploitation of children and enticement of minors.  The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids. 

The Indictment alleges that, between April and May 2016, Konigsmark persuaded and attempted to persuade, induce, and entice minors to engage in sexually explicit conduct for the purposes of producing visual depictions and engaging in sexual activity.

If convicted, Konigsmark faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Konigsmark appeared today in federal court in Cedar Rapids and was held without bond.  Konigsmark’s next appearance for a detention hearing is set for July 26, 2016, at 10:00 a.m.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation, the 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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CEDAR RAPIDS, IA - Gerhard L. Felts, aka Gary Felts, age 61, from Kingsley, Iowa, pled guilty on July 13, 2016 to one count of making false statements to the United States, in violation of 18 U.S.C. § 1001. The charges are contained in an Indictment unsealed on June 6, 2016, in United States District Court in Cedar Rapids.

The United States obtained a civil judgment against Gary Felts dba Black Diamond Kennel, based upon the conditions of his dog kennel.  Felts repeatedly provided false financial information to the United States in connection with the United States’ efforts to collect the debt.  In doing so, Felts failed to disclose a checking account opened in April 2011, a savings account opened in April 2013, and his receipt of workers compensation payments in the amount of $25,000 in April 2013.         

Felts faces a maximum penalty of (1) not more than 5 years’ imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to 3 years.

The case is being prosecuted by Assistant United States Attorney Matthew J. Cole and was investigated by U.S. Department of Agriculture.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-cr-49.

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A man who conspired to distribute heroin, fentanyl, and crack cocaine that led to several overdoses and deaths in Cedar Rapids in 2015 was sentenced yesterday to life in federal prison.

Max Julian Wright, age 36, from Chicago, Illinois, received the prison term after a March 2, 2016 jury verdict finding him guilty of two counts of distribution of fentanyl and one count of conspiring to distribute heroin, crack cocaine, and fentanyl that resulted in six serious bodily injuries and two deaths.

The evidence at trial showed that, between about 2013 and June 2015, Wright brought large quantities of heroin, fentanyl, and crack cocaine from Chicago to Cedar Rapids.  Wright and other individuals, including DeShaun Anderson and Marcus Wallace, sold the drugs to various users in Cedar Rapids.  Fentanyl is a synthetic opiate similar to heroin, but many times more potent than heroin.  Witness testimony showed that by at least late 2014, the potency of the heroin being sold by Wright and Anderson increased, which led to at least six individuals immediately overdosing on the drugs.  Testimony showed the users who overdosed lost consciousness nearly immediately after using the drugs, and had severely reduced breathing function due to the effects of the opiate drugs.  One of the injured victims died two days later from the injuries sustained from using the drugs.  Another victim died in early April of a mixed-drug overdose that included a toxic level of fentanyl in the victim’s blood.  All of the deaths and overdose injuries found by the jury occurred between late February and mid-May of 2015.

Wright was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand.  Wright was sentenced to life imprisonment on the conspiracy count and 30 years’ imprisonment on the distribution counts, all of which were ordered to run concurrently.  A special assessment of $300 was imposed and he was ordered to make $12,371 in restitution to the family of one of the victims.  If he is ever released from prison, he must serve an 8-year term of supervised release.  There is no parole in the federal system.

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

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

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

The case file number is 15-CR-00046-LRR.

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A man who received child pornography was sentenced July 8, 2016 to over 10 years in federal prison.

Robert Turner, age 35, from Reinbeck, Iowa, formerly from Cedar Falls, received the sentence after a January 5, 2016 guilty plea to one count of receipt of child pornography.  At the plea hearing, Turner admitted that, between 2001 and 2013, he knowingly used the Internet to receive child pornography.

Turner was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Turner was sentenced to 121 months’ imprisonment.  A special assessment of $100 was imposed, Turner was ordered to pay $2,000 in restitution, and he must also serve a 10-year term of supervised release.  He must comply with all sex offender registration and public notification requirements.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Falls Police Department and the Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 15-2049.

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A Cedar Rapids man who distributed heroin in the Cedar Rapids area was sentenced to more than four years in federal prison.

Isaac Edwards, age 27, from Cedar Rapids, Iowa, received the prison term after a February 29, 2016, guilty plea to one count of distribution of heroin. 

In a plea agreement, Edwards admitted that he sold heroin from 2012 until the date of his arrest in 2015.  He also admitted to leading police on a vehicle chase on September 22, 2015 and throwing heroin out of the vehicle during the pursuit.   

Edwards was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Edwards was sentenced to 57 months’ imprisonment concurrent with an Illinois drug sentence.  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.  Edwards is being held in the United States Marshal’s custody and will be returned to the Illinois Department of corrections to complete his Illinois drug sentence.

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 16-CR-04-LRR.

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CEDAR RAPIDS, IA - Kevin W. Techau, United States Attorney for the Northern District of Iowa, announced that the former Superintendent at the Effigy Mounds National Monument who stole human remains and hid them in his garage for twenty years was sentenced today in federal court to serve federal jail time.

Thomas A. Munson, age 76, from Prairie du Chien, Wisconsin, received the sentence after a January 4, 2016, guilty plea.  Munson was an employee of the National Park Service from July of 1964 to May 1994.  He served as Superintendent of the Effigy Mounds National Monument from February 1971, until his retirement in 1994.  At all times during his employment, Munson was entrusted with preserving and protecting the sacred site.  He failed this trust.

Evidence presented at the plea and sentencing hearings revealed that sometime in July of 1990, Munson decided to illegitimately take possession of items in the museum collections in an effort to avert the mandates of the then pending Native American Graves Protection and Repatriation Act, which he thought was “bad law”.  The law allowed—in Munson’s opinion—modern day Native American Tribes to inaccurately and unscientifically affiliate themselves with prehistoric human remains and funerary objects.  To thwart the law and to save him personally the effort of complying with it, Munson decided to remove skeletal prehistoric human remains from the museum collection in an attempt to maintain possession of any associated funerary objects that might otherwise follow the human remains back to a tribe.

Sometime in July of 1990, Munson directed a seasonal National Park Service employee to remove the skeletal prehistoric human remains of 41 Native Americans (i.e., approximately 2,135 whole and fragmentary human remains) from the museum collection.  The majority of these skeletal remains was originally removed from archeological sites within Effigy Mounds National Monument and organized by catalog and accession numbers within the collection drawers of the museum curatorial storage facility.            

On or about July 16, 1990, Munson and the seasonal employee each carried a box of human remains from the museum’s curatorial facility to his car.  Munson then drove the items to his Prairie du Chien, Wisconsin home where he concealed them for more than twenty years.  During the time period of the crime, Munson repeatedly misled the National Park Service employees about what became of the missing human remains. 

As part of his plea agreement, defendant wrote a public acknowledgment expressing his guilt and apologized for his actions.  A copy of that document is attached. munson_16_07-06_apology_signed.pdf

Munson was sentenced in Cedar Rapids by United States District Court Chief Magistrate Judge Jon S. Scoles.  Munson was sentenced to 10 consecutive weekends in jail, 12 months’ supervised probation, home detention for 12 months’ with appropriate monitoring to ensure compliance, $3000 fine and a $25 special assessment.  He was also ordered to perform 100 hours of community service and pay restitution in the sum of $108,905.

United States Attorney Kevin W. Techau said following sentencing, “It is a very sad day when a public official betrays the public’s trust. This was a serious crime and the betrayal was compounded by a violation of the most sacred trust placed in Mr. Munson as the Superintendent of Effigy Mounds National Monument.”

Current Effigy Mounds Superintendent James Nepstad stated, “Mr. Munson’s crime violated the trust of the American Indians in particular, the public, and the National Park Service, and the agency he served.”  Nepstad continued noting, “Munson’s illegal actions prevented us from repatriating these human remains for over twenty years.  Despite his obstruction of our investigation, we found and recovered these human remains and are committed to working with our tribal partners to repatriate them as quickly and respectfully as possible.  Additionally, we are continuing to establish safeguards at Effigy Mounds to protect sacred remains in accord with the Native American Graves Protection and Repatriation Act.  We thank the Department of Justice for investigating this case with us, and bringing resolution to it.”

The Effigy Mounds National Monument located in Allamakee County, Iowa and operated by the National Park Service was established by a Presidential Proclamation by Harry S. Truman on October 25, 1949 under the Antiquities Act of 1906. The monument was established primarily to protect over 200 known prehistoric earthen burial mounds, some in the shape of animals, constructed between 700 and 2,500 years ago. The monument land is held in fee simple by the National Park Service, United States Department of the Interior. The monument is an area of concurrent federal jurisdiction.

 

The following Tribes affiliate themselves with Effigy Mounds National Monument:

Crow Creek Sioux Tribe

Flandeau Santee Sioux

Ho-Chunk Nation

Iowa Tribe of Kansas & Nebraska

Iowa Tribe of Oklahoma

Lower Sioux Indian Community

Omaha Nation

Otoe-Missouria Tribe

Ponca Tribe of Nebraska

Prairie Island Indian Community

Sac and Fox Nation of Missouri in Kansas and Nebraska

Sac and Fox Nation of Oklahoma

Sac and Fox Tribe of the Mississippi in Iowa

Santee Sioux Nation

Shakopee Mdewakanton Sioux Community of Minnesota

Sisseton Wahpeton Oyate Tribe

Standing Rock Sioux Tribe

Upper Sioux Indian Community

Winnebago Tribe of Nebraska and

Yankton Sioux Tribe

 

The case was investigated by the National Park Service and 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 CR15-1030.

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CEDAR RAPIDS, IOWA – The United States Attorney’s Office for the Northern District of Iowa will hold a media availability opportunity this Friday to discuss the sentencing of the former superintendent of Effigy Mounds National Monument.

The Assistant United States Attorney who prosecuted the case will be joined by National Park Service personnel.

 

Event Details

When:  Friday, July 8, 2016

Where:  United States Federal Courthouse, Second Floor, 111 7th Avenue S.E., Cedar Rapids, Iowa

Time:  10:45 a.m. (or immediately after sentencing, whichever first occurs).  

 

Press interested in attending should contact AUSA Steve Young.  His contact information is listed above.

A press release will be will be available.

A man who illegally possessed a firearm was convicted by a jury on June 30, 2016, after a two-day trial in federal court in Sioux City.

Brandon Hayes, 34, from Sioux City, IA, was convicted of one count of possession of a firearm by a felon, one count of possession of a firearm by a domestic abuser and one count of possession of a firearm with an altered serial number.  The verdict was returned this morning following about three hours of jury deliberations.

Hayes was previously convicted of 5 felonies and six crimes of domestic violence.  Hayes unlawfully possessed a 12 gauge shotgun (with an obliterated or altered serial number) which he ultimately sold to an undercover ATF agent in Sioux City on June 23, 2014. 

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Hayes remains in custody of the United States Marshal and will remain in custody pending sentencing.  Because of his extensive criminal history, Hayes faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, $300 in special assessments, and up to five years of supervised release following any imprisonment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sioux City Police Department. 

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

The case file number is 14-4082.

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SIOUX CITY, IA – Today the United States Attorneys for the Northern District of Iowa and the Districts of Nebraska and South Dakota met in Sioux City with 60 federal, state and local law enforcement partners with the goal of strengthening relationships among the offices and to develop a greater awareness of the dynamics and challenges facing the tri-state region now and into the future.  This is a first of a kind executive meeting joining the three offices with fellow law enforcement partners.

The meeting was held at the 185th Air Refueling Wing located at the Sioux Gateway Airport.  The Wing Commander, Colonel Larry Christensen, welcomed the attendees and provided them with a detailed briefing of the unit’s worldwide mission.

A recent successful prosecution involving multiple jurisdictions presented a good example of the importance of having pre-existing, effective collaborative relationships among federal, state and local law enforcement partners.  Assistant U.S. Attorney Forde Fairchild led a panel discussion touching on the jurisdictional issues during the prosecution of Jamal Dean and his brother.  The brothers conspired to rob two local drug dealers both living in Iowa. They had traveled from Nebraska to Sioux City and back to rob the drug dealers at gun point.  

Evidence at Jamal Dean’s sentencing hearing revealed that while an Iowa arrest warrant was pending, he was a passenger in a car that was stopped by a Sioux City police officer.  Dean exited the vehicle and began firing a number of rounds at the officer, one of which struck him in the head.  After this shooting, Dean fled but was captured in Texas traveling south just 70 miles from the Mexican border.  Evidence at sentencing also revealed Dean had also assaulted a woman and shot two other men, before shooting the officer.  Dean was sentenced to life in prison.

Joining in the panel discussion were representatives from the Sioux City Police Department, Woodbury County Attorney and Sheriff’s Office and the United States Marshal Service.  The panel emphasized the need to have pre-existing, effective working relationships across federal, state and local law enforcement before a serious incident occurs, and stressed the need for information sharing among all partners, at all levels.

U.S. Attorney for the Northern District of Iowa Kevin W. Techau reinforced his mantra as it related to the Dean prosecution noting, “We work best—federal, state and local law enforcement—when we work together.” 

United States Attorney for the District of South Dakota Randolph J. Seiler stated following the meeting, “Successful prosecutions are the result of working shoulder to shoulder with our law enforcement partners.  Cooperation and collaboration between federal, state, local, and tribal law enforcement are critical elements in our efforts to deliver justice.” 

United States Attorney for the District of Nebraska Deborah R. Gilg agreed stressing the importance of interagency cooperation.  

The daylong meeting included a round table discussion on drug trafficking, guns and violent crimes, cybercrime/national security, and human trafficking. Representatives from the Drug Enforcement Administration, Federal Bureau of Investigation, and Homeland Security Investigations were joined during the roundtable by state and local task force members.  Criminal trending was discussed and jurisdictional issues were clarified.  The day ended with a presentation on global narcoterrorism and the threat to the United States by the Executive Director of the High Intensity Drug Trafficking Area (HIDTA) located in Kansas City.

At the end of the day, the three United States Attorneys thanked the participants for joining the meeting noting that they believed the goal of strengthening inter-agency relationships and developing a greater awareness of the challenges facing the tri-state region were achieved.  Future meeting of the partners will be planned.

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A woman who lied to a Deputy United States Marshal about the location of a federal fugitive pled guilty today in federal court in Cedar Rapids.

Vivian Rochelle Weakley, age 28, from Dubuque, Iowa, was convicted 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.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Weakley remains free on bond previously set pending sentencing.  Weakley faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to 3 years of supervised release following any imprisonment.

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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Hadi Sharairi, age 45, from Iowa City, has been charged with conspiring to distribute synthetic drugs.  The charges are contained in an Indictment unsealed on June 16, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between at least February 10, 2014, and May 7, 2014, Sharairi conspired to distribute drugs called AB-FUBINACA and THJ-2201.  The Indictment alleges that AB-FUBINACA is a Schedule I controlled substance and THJ-2201 was a controlled substance analogue in May 2014.  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.

If convicted, Sharairi faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.­

Sharairi appeared on June 16, 2016, in federal court in Cedar Rapids and on June 21, 2016, was released on bond.  Sharairi’s next appearance for a status hearing is set for July 20, 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 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-LRR.

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A man who stole a gun from Sports Outfitters in Cedar Rapids was sentenced June 21, 2016, to more than 6 years in federal prison. 

Dante Glinn, 23, from Cedar Rapids, received the prison term after a January 27, 2016, jury verdict finding him guilty of theft of a firearm from a licensed dealer. 

The evidence at trial showed that, on August 25, 2015, Glinn walked into Sports Outfitters, a Cedar Rapids gun store, reached behind the counter, and stole a .45 caliber Kimber pistol before fleeing the scene.  Testimony at trial established that Glinn used an alias to get medical treatment at a local hospital for a wound visible in the videos the same evening as the theft.

Glinn was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Glinn was sentenced to 78 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make restitution of $1,019.95 to Sports Outfitters.  He must also serve a 3-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 Jacob Schunk and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.

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

The case file number is 15-CR-00093.

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CEDAR RAPIDS, IA—A Forest City, Iowa, businessman pleaded guilty today in federal court to failing to pay employment taxes, announced U.S. Attorney Kevin W. Techau of the Northern District of Iowa and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.

Darrell Smith, 60, was charged in an indictment in January 2016 with multiple counts of willfully failing to collect, truthfully account for and pay federal employment taxes that were withheld from the wages of employees of Permeate Refining Inc., an ethanol-production business in Hopkinton, Iowa.

 “Mr. Smith’s attempt to dodge his legal obligation to account for and pay employment taxes did not go unchecked, and he will now be held accountable for his criminal conduct,” said U.S. Attorney Techau.

“Today’s plea reaffirms commitment to prosecuting employers who willfully fail to comply with their employment tax obligations,” said Acting Assistant Attorney General Ciraolo.  “Working with our law enforcement partners in the Internal Revenue Service (IRS), the Department of Justice will continue to vigorously investigate and prosecute those who seek to cheat the U.S. Treasury and gain an unfair advantage over their competitors.”

At his guilty plea hearing, Smith admitted that he collected and willfully failed to account for and pay over to the IRS $85,267 for the second quarter of 2012. A sentencing date has not yet been set.  Smith faces a statutory maximum sentence of five years in prison as well as a term of supervised release and monetary penalties. Smith’s co-defendant Randy Less pleaded guilty on June 14 to failing to pay employment taxes and violating the Clean Water Act.

A sentencing date has not yet been set.  Smith faces a statutory maximum sentence of five years in prison as well as a term of supervised release and monetary penalties.

U.S. Attorney Techau and Acting Assistant Attorney General Ciraolo thanked special agents of IRS Criminal Investigation, the FBI, the U.S. Postal Inspection Service and the U.S. Environmental Protection Agency, who investigated the case and Assistant U.S. Attorney Tim Vavricek of the Northern District of Iowa and Trial Attorney Matthew Hoffman of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division’s Employment Tax Enforcement efforts may be found here.

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

The case file number is 16-CR-2002-LTS.

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A woman who conspired to distribute methamphetamine was sentenced June 21, 2016, to five years in federal prison.

Katja Bails, 36, from Kiron, Iowa, received the prison term after a July 17, 2015, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Bails admitted that from about 2012 and continuing through November 2014 she was involved in a conspiracy that distributed more than 5,000 grams of actual (pure) methamphetamine.  Bails traveled periodically from the Denison, Iowa, area to Omaha, Nebraska to obtain large quantities of methamphetamine which she then distributed in the Denison and Ida Grove, Iowa areas.

Bails was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Bails was sentenced to 60 months’ imprisonment.  A special assessment of $100 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.

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

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Ida County Sheriff’s Office, Denison Police Department, and Iowa Division of Criminal Investigation.    

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

The case file number is 14-4086.

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A woman who used her position as the city clerk for the City of Garwin to steal more than $470,000 in public funds was sentenced yesterday to 28 months in federal prison. 

Anna Leytham from Garwin, Iowa, received the prison term after a guilty plea to theft of public funds. 

In a plea agreement, Leytham admitted that she held a position of public trust as the city clerk and that her position of trust contributed significantly to the commission and concealment of her crime.  At sentencing, she agreed that she stole more than $470,000 from the city, including $397,601.12 she stole to make payments on her personal credit cards.  Leytham also agreed she owes more than $485,000 in restitution, which includes costs the city incurred to conduct the audit that discovered the breadth of her crime.    

Leytham was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Leytham was sentenced to 28 months’ imprisonment.  A special assessment of $100 was imposed, and she was ordered to make a total of $485,629.01 in restitution to the city and the city’s insurance company.  She must also serve term of supervised release after the prison term.  There is no parole in the federal system.

“The citizens of Garwin deserve better from their public officials as do all Iowans,” stated United States Attorney Kevin W. Techau.  “Betraying the public’s trust and wasting tax dollars is a crime we take very seriously.  Those who choose to ignore federal law will be held accountable, just as this sentence holds Ms. Leytham accountable.” 

Leytham 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 Jacob A. Schunk and investigated by the Federal Bureau of Investigation. 

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

The case file number is 16-CR-7.

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CEDAR RAPIDS, IA – Nursing facilities and other institutions do not always provide the care and dignity that elderly residents deserve, and millions of elderly Americans suffer each year from other forms of abuse, neglect, or exploitation.  Facility and institutional failures to provide the care the government pays for results in the waste of government resources and potentially lethal consequences to beneficiaries.  Speaking only of the financial impact of elder abuse, it is estimated that elderly Americans lose an estimated $2.6 billion or more annually due to financial abuse or exploitation.  It occurs in every demographic, and it can happen to anyone.

With this backdrop, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 nationwide districts to form an Elder Justice Task Force (http://go.usa.gov/cSngj).  The task force is being 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. 

Earlier today, United States Attorney Kevin W. Techau discussed the goals of the task force during a press conference held at the Oakhill Jackson Community Church in Cedar Rapids.  The church serves as a Senior Center during the week. 

Techau stated, “It is most appropriate that last Thursday World Elder Abuse Awareness Day was celebrated globally, and that I am now able to announce that the Elder Justice Task Force will have its first meeting June 27th.  The charge of the task force is simple—protect the state’s most vulnerable citizens by making certain that those charged with serving them provide the care to which they are entitled and to hold accountable those who seek to financially exploit them.” 

Techau noted that the office has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.  A health care fraud auditor and paralegal have joined the office and are working closely with an Assistant United States Attorney and health care fraud paralegal.  Bolstering the commitment to hold accountable those who take action inconsistent with recognized rules, regulations and criminal laws has paid dividends.

Last year the office held accountable a national home health care agency for not following the rules when making claims for payment. The rules of both Medicare and the state of Iowa’s Medicaid program required an independent physician to certify that home healthcare services were medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency.  Additionally, Medicare and Iowa Medicaid rules required these independent physicians to perform an in-person “face-to-face” assessment of each patient before the home health agency could bill the government for any home healthcare services.  The home health care agency ignored these rules and by doing so violated the False Claims Act.  A settlement was reached resolving allegations that for the five year period beginning 2009 the company billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements.  The company agreed to pay $5.6 million to the United States and the State of Iowa to resolve the allegations.

More recently the office indicted a woman who prayed on an out of state elderly couple.  This mail fraud scheme involved the defendant making false representations and promises to an elderly woman claiming she had won a lottery, sweepstakes, or otherwise was entitled to large sums of money.  The victim was told the winnings or funds could be claimed only if she would first mail the defendant money for purported taxes, fees, or similar alleged prerequisites for payment.  In truth, no such winnings existed and the telephone calls were designed only to permanently deprive the victim and her husband, a resident of a long-term care facility with dementia, of their money.  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.  The defendant has recently pled to two counts of mail fraud and one count of using a fictitious name in that fraud.  A sentencing date has not yet been set.

World Elder Abuse Awareness Day was launched on June 15, 2006, by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations.  It is celebrated annually on or around June 15th.  Its purpose is to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect. 

The United States Attorney’s Office celebrates this day and is committed to being vigilant each and every day to ensure our senior citizens are treated with the dignity and respect they so deeply deserve.

To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/

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CEDAR RAPIDS, IA – The United States Attorney’s Office was selected as one of 10 nationwide districts to form an Elder Justice Task Force (http://go.usa.gov/cSngj).  The task force’s charge is to foster a collaborative working relationship among all levels of government, advocacy groups, and others charged with the care and protection of our more vulnerable citizens.  Ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs and protecting seniors from financial fraud schemes are primary goals of the task force. 

U.S. Attorney Kevin W. Techau will be present at the press conference and will be joined by some task force members.  This event is being held at an area church that serves as a senior center and congregate lunch location during the week.  Seniors will be present.

 

Event Details

When:       Monday, June 20, 2016

Where:     Oakhill Jackson Community Church, 1202 10th St. S.E., Cedar Rapids, IA

Time:        11:00 a.m.

 

A press release will be provided and interview opportunities will be available. 

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An Iowa businessman pleaded guilty yesterday in federal court to failing to pay employment taxes and violating the Clean Water Act, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kevin W. Techau of the Northern District of Iowa.

Randy Less, 49, of Hopkinton, Iowa, was charged in an indictment in January 2016 with multiple counts of willfully failing to collect, truthfully account for and pay federal income, social security and Medicare taxes that were withheld from the wages of employees of Permeate Refining Inc., an ethanol production business in Hopkinton. 

“Mr. Less made the choice to ignore his employment tax obligations, and will now pay a price for his criminal conduct,” said Acting Assistant Attorney General Ciraolo.  “We are committed to holding accountable those employers who take advantage of their employees, their competitors and the U.S. Treasury.”

“The United States takes very seriously its obligation to ensure that employers collect, account for and pay taxes withheld from the wages of their employees,” said U.S. Attorney Techau.  “Environmental crimes that involve polluting Iowa’s waterways are serious matters.  Violations of our environmental laws impact our communities both now and in years to come.”

“Business owners have a responsibility to withhold income taxes for their employees and then remit those taxes to the Internal Revenue Service (IRS),” said Special Agent in Charge Karl Stiften of IRS Criminal Investigation.  “The failure to pay over withheld taxes is a serious offense.  IRS Criminal Investigation vigorously pursues anyone who collects taxes and fails to timely remit those taxes.”

“Iowa’s waterways are not dumping grounds,” said Assistant Special Agent in Charge Justin Oesterreich of the U.S. Environmental Protection Agency’s (EPA) criminal enforcement program in Iowa.  “Mr. Less admitted that he knowingly discharged or caused to be discharged production wastewater into a tributary of the Maquoketa River without a permit to do so, putting public health, wildlife and the environment at risk.  This case demonstrates that EPA takes seriously its commitment to protect our natural resources and the communities that rely upon them.”

At his guilty plea proceeding, Less admitted that as the majority owner, general partner and general manager of Permeate Refining, he had the responsibility to collect, truthfully account for and pay over to the IRS the taxes withheld from his employees’ wages.  

Less also pleaded guilty yesterday to an information, which the government filed the same day,  charging him with violations of the Clean Water Act.  Less admitted that in July 2013, he knowingly discharged or caused to be discharged ethanol, a pollutant, from Permeate Refining Inc. into an unnamed tributary of the Maquoketa River without a permit to do so.

A sentencing date has not yet been set.  Less faces a statutory maximum sentence of five years in prison and a fine of up to $250,000 for the tax charge and a statutory maximum sentence of three years in prison and a fine of up to $250,000 on the Clean Water Act charge.

Acting Assistant Attorney General Ciraolo and U.S. Attorney Techau thanked special agents of the IRS-Criminal Investigation, FBI, U.S. Postal Inspection Service and EPA, who investigated the case, and Assistant U.S. Attorney Tim Vavricek of the Northern District of Iowa and Trial Attorney Matthew Hoffman of the Tax Division, who are prosecuting the case.

CEDAR RAPIDS, IA – An Iowa businessman pled guilty yesterday in federal court to failing to pay employment taxes and violating the Clean Water Act, announced U.S. Attorney Kevin W. Techau of the Northern District of Iowa and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.

Randy Less, 49, of Hopkinton, Iowa, was charged in an Indictment in January 2016 with multiple counts of willfully failing to collect, truthfully account for and pay federal income, social security and Medicare taxes that were withheld from the wages of employees of Permeate Refining Inc., an ethanol production business in Hopkinton. 

At his guilty plea proceeding, Less admitted that as the majority owner, general partner and general manager of Permeate Refining, he had the responsibility to collect, truthfully account for and pay over to the Internal Revenue Service (IRS) the taxes withheld from his employees’ wages.  

Less also pled guilty yesterday to an Information charging him with violations of the Clean Water Act that the government filed on the same day.  Less admitted that in July 2013, he knowingly discharged or caused to be discharged ethanol, a pollutant, from Permeate Refining Inc. into an unnamed tributary of the Maquoketa River without a permit to do so.

“The United States takes very seriously its obligation to ensure that employers collect, account for, and pay taxes withheld from the wages of their employees,” stated United States Attorney Kevin W. Techau.  He further added, “Environmental crimes that involve polluting Iowa’s waterways are serious matters.  Violations of our environmental laws impact our communities both now and in years to come.”

“Mr. Less made the choice to ignore his employment tax obligations, and will now pay a price for his criminal conduct,” said Acting Assistant Attorney General Ciraolo. “We are committed to holding accountable those employers who take advantage of their employees, their competitors, and the U.S. Treasury.”

“Business owners have a responsibility to withhold income taxes for their employees and then remit those taxes to the Internal Revenue Service,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “The failure to pay over withheld taxes is a serious offense. IRS Criminal Investigation vigorously pursues anyone who collects taxes and fails to timely remit those taxes.”

“Iowa’s waterways are not dumping grounds,” said Assistant Special Agent in Charge Justin Oesterreich of the U.S. Environmental Protection Agency’s (EPA) criminal enforcement program in Iowa.  “Mr. Less admitted that he knowingly discharged or caused to be discharged production wastewater into a tributary of the Maquoketa River without a permit to do so, putting public health, wildlife and the environment at risk.  This case demonstrates that EPA takes seriously its commitment to protect our natural resources and the communities that rely upon them.”

A sentencing date has not yet been set.  Less faces a statutory maximum sentence of five years in prison and a fine of up to $250,000 for the tax charge and a statutory maximum sentence of three years in prison and a fine up to $250,000 on the Clean Water Act charge.

Acting Assistant Attorney General Ciraolo and U.S. Attorney Techau thanked special agents of the IRS Criminal Investigation, FBI, U.S. Postal Inspection Service and U.S. Environmental Protection Agency, who investigated the case, and Assistant U.S. Attorney Tim Vavricek of the Northern District of Iowa and Trial Attorney Matthew Hoffman of the Tax Division, who are prosecuting the case.

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The men responsible for Tony “T-Bone” Canfield’s death pled guilty today in federal court in Sioux City, Iowa.

Courtland Clark, age 26, from Flowery Branch, Georgia, Robert Beaver, age 35, from Sioux City, Iowa, and Devery Hibbler, age 26, from Dumas, Arkansas, were convicted of one count of interference with commerce by robbery.  In addition, Clark and Hibbler also pled guilty to one count of use of a firearm during and in relation to a crime of violence causing death. 

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 concealed their crimes for nearly five years.  They were charged in a Superseding Indictment on April, 19, 2016.

Canfield was targeted for robbery because he was a marijuana dealer whose illegal interstate business earned him large sums of cash.  The robbery and murder affected interstate commerce allowing for federal prosecution of the case.

United States Attorney Kevin Techau stated: “This case is a fine example of persistence and cooperation by the Sioux City Police Department, Woodbury County Attorney’s Office and the Federal Bureau of Investigation.  Despite a number of obstacles along the way, these three agencies, along with the United States Attorney’s Office, never stopped working toward solving this murder, and bringing those responsible to justice.  This case gives notice to those who would commit acts of violence in our communities that no matter what the difficulties, and no matter how long it takes, we will investigate and prosecute such acts of violence to the full extent of the law.”

This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.  The case was referred to the United States Attorney’s Office by the Sioux City, Iowa Police Department and the Woodbury County Attorney’s Office.        

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Clark, Hibbler, and Beaver remain in custody of the United States Marshal pending sentencing.  Pursuant to plea agreements: Hibbler has agreed to serve 35 years in federal prison without the possibility of parole or the right to appeal his conviction and Beaver has agreed to serve 20 years in federal prison without the possibility of parole or the right to appeal his conviction.  As charged, all three defendants, (i.e., Clark, Beaver, and Hibbler, each) faced up to life in prison without the possibility of parole, fines of up to $500,000.00, $200.00 in special assessments and up to five years of supervised release following any imprisonment.

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 is being 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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Tea Lynette Ware, 36, from Cedar Rapids, Iowa, pled guilty today in federal court in Cedar Rapids to two counts of mail fraud and one count of using a fictitious name in that fraud.

At the plea hearing, and in a plea agreement, Ware admitted that from about September 2015 through February 2016, Ware intentionally participated in a scheme to defraud an elderly Illinois woman in which false representations and promises were made to the elderly woman claiming she had won a lottery, sweepstakes, or otherwise was entitled to large sums of money.  The victim was also told the winnings or funds could be claimed only if she would first mail Ware money for purported taxes, fees, or similar alleged prerequisites for payment.  In truth, no such winnings existed and the telephone calls were designed only to permanently deprive the victim and her husband, a resident of a long-term care facility with dementia, of their money.  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.

In her plea agreement, Ware admitted that, in October 2015, she received $29,000 in two checks from the victim.  In the plea agreement, Ware has agreed to make full restitution to the victims.  She also agreed to forfeit any proceeds of her crime.  The government seized $40,000 prior to Ware’s Indictment.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Ware remains free on terms and conditions of release previously set pending sentencing.  Ware faces a possible maximum sentence of 45 years’ imprisonment, a $750,000 fine, $300 in special assessments, and 3 years of supervised release following any imprisonment.­

The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service 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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CEDAR RAPIDS, IA – Last night the United States Attorney’s Office (USAO) for the Northern District of Iowa hosted a town hall at the Waterloo Center for the Arts to discuss treatment options available to tackle the opioid and heroin epidemic facing the greater Waterloo and Black Hawk County community. The community joined Cedar Rapids and Dubuque to fight this threat with the assistance of the Eastern Iowa Heroin Initiative, which recently held a meeting in Davenport sponsored by the USAO for the Southern District of Iowa.   

Every day, 44 people in the United States die from overdose of prescription painkillers.  Yearly, overdose deaths exceed motor vehicle or firearms deaths.  The most recent data available indicates that in 2014, over 47,000 people in the U.S. died from drug overdoses with more than half of that number being caused by prescription painkillers and heroin. The most recent National Survey on Drug Use and Health estimated over 900,000 Americans reported using heroin in 2014, reflecting a 35% increase from the previous year. 

United States Attorney Kevin W. Techau offered his assessment of the challenge facing the community in his opening comments stating, “The rise of heroin and the misuse of prescription opioids in Iowa is one of our biggest challenges to public health and public safety.  It threatens our communities, families, and children.  Heroin use and the prescription drug misuse are intertwined and both must be addressed.  The meeting tonight will discuss all aspects of the problem so we can work together with our federal, state, and local partners to fight this growing epidemic through a combination of enforcement, prevention, education, and treatment.”

Following comments made by U.S. Attorney Techau and Black Hawk County Sheriff Tony Thompson, the Eastern Iowa Heroin Initiative Coordinator, Cedar Rapids Police Office Al Fear, discussed how the initiative was started and the importance of community involvement to address the epidemic.  Assistant U.S. Attorney Patrick Reinert provided a detailed picture of the threat facing eastern Iowa.  The threat was made more real when a mother who lost her son to heroin spoke about how his drug use and death impacted their family.  Treatment options were outlined by Pathways Behavioral Services, Inc. and Horizons Family Centered Recovery Program.

A Question and Answer panel discussion engaged those attending and was followed by the Eastern Iowa Heroin Initiative launching C.R.U.S.H. (Community Resources United to Stop Heroin), which is a community outreach initiative designed to involve schools, law enforcement, treatment providers, community leaders and health care organizations to address the growing epidemic.  This community response was recently initiated in Linn, Dubuque and Clinton counties. Attendees were encouraged to join and told they could do so by texting “Heroin” to 51555.

To learn more about the Eastern Iowa Heroin Initiative, visit Facebook at www.facebook.com/EasternIowaHeroinInitiative.

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CEDAR RAPIDS, IA – Last August, the United States Attorney’s Office for the Northern District of Iowa organized and hosted the Iowa Railroad Safety Symposium on the Des Moines Area Community College campus in Ankeny, Iowa.  The purpose of the program was to bring together members of the various disciplines and agencies that work in all aspects of public safety at the federal, state and local level to better understand and be better prepared to address safety challenges connected to railroad, pipeline, and hazardous materials transportation. 

Since the Symposium was held, the Iowa Department of Transportation and the Iowa Homeland Security and Emergency Management Department completed a study of crude oil and biofuels railroad transportation incident response preparedness in Iowa, which provides excellent information and analysis on several of the topics discussed last August. The final study is called the Iowa Crude Oil and Biofuels Rail Transportation Study.

The full study as well as summary documents can be found at: http://www.iowadot.gov/iowarail.

The oil train derailment that occurred in Oregon last week again demonstrates the importance of continued vigilance of federal, state and local agencies in working together to be prepared to address safety challenges connected to railroad, pipeline, and hazardous materials transportation. An AP story on that derailment can be found at:

http://abcnews.go.com/International/wireStory/oil-train-derailment-fire-damaged-oregon-city-water-39626260.

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A Dubuque area man, who sold over $400,000 worth of goods from his employer using the Internet, pled guilty today to mail and financial fraud charges in federal court in Cedar Rapids.

Chad Michael Saeugling, 39, currently from Asbury, Iowa, was convicted of one count of mail fraud and two counts of making a false statement to a financial institution. 

At the 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.  Beginning no later than calendar year 2009, and continuing until August 2014, Saeugling executed a scheme to defraud his employer by selling the company’s goods on the Internet.  Specifically, Saeugling advertised goods found in the warehouse on eBay, an Internet marketplace.  Once an eBay shopper paid him for items, often using PayPal, Saeugling placed his own UPS or FedEx shipping label on the stolen goods, and then shipped the stolen goods out of the warehouse along with the items the company was shipping to its customers.  Saeugling then, to further evade detection, used his access to the computerized inventory system to falsely adjust the stolen item out of the company’s inventory.      

Shortly after Saeugling’s mail fraud scheme was discovered (and his employer fired him), 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 money, which his father then routed through two different bank accounts before providing the it back to Saeugling at the time of closing on the home.

Finally, in early 2015, Saeugling and his wife applied for a home-equity loan on the house he had purchased from his father.  In that application he submitted false statements to his credit union.  To receive the home equity loan, Saeugling later made another false statement to the credit union concerning his income.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Saeugling remains free subject to certain terms and conditions pending sentencing.  He faces a possible maximum sentence of 80 years’ imprisonment, a $2.25 million fine, $300 in special assessments, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was 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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CEDAR RAPIDS, IA - Gerhard L. Felts, aka Gary Felts, age 61, from Kingsley, Iowa, has been charged with three counts of making false statements to the United States in connection with a civil judgment obtained against Felts for Animal Welfare Act violations. The charges are contained in an Indictment unsealed yesterday, in United States District Court in Cedar Rapids.

The Indictment alleges the United States obtained a civil judgment against Gary Felts dba Black Diamond Kennel on March 25, 2011, based upon the conditions of his dog kennel.  The Indictment further alleges Felts repeatedly provided false financial information to the United States in connection with the United States’ efforts to collect the debt.  In doing so, Felts failed to disclose a checking account opened in April 2011, a savings account opened in April 2013, and his receipt of workers compensation payments in the amount of $25,000 in April 2013.          

“The United States takes very seriously its obligation to collect debts from those who violate the Animal Welfare Act.  False statements in that process will not be tolerated,” stated United States Attorney Kevin W. Techau.

If convicted on all charges, Felts faces a sentence of up to fifteen years’ imprisonment; a fine of up to $750,000; $300 in special assessments, and three year of supervised release following any imprisonment.

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 Matthew J. Cole and was investigated by US Department of Agriculture.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-cr-49.

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CEDAR RAPIDS, IA – The United States Attorney’s Office, in partnership with the Eastern Iowa Heroin Initiative, has scheduled a Waterloo/Black Hawk County Town Hall Meeting on June 8th to discuss the heroin epidemic making its way into Eastern Iowa.  Drug overdose is the leading cause of accidental death in the U.S., with 47,055 lethal drug overdoses in 2014. Opioid addiction is driving this epidemic, with 18,893 overdose deaths related to prescription pain relievers, and 10,574 overdose deaths related to heroin in 2014. Waterloo joins other Iowa cities facing 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 guest speaker will share her story of her son’s involvement and death from heroin use.  A “Call to Action” will be introduced to the community by the Eastern Iowa Heroin Initiative.

Visit www.faceboook.com/EasternIowaHeroinInitiative to learn more.

U.S. Attorney Kevin W. Techau will be present. The event is open to the public.

 

Event Details

When: June 8, 2016 (flyer is attached)

Where: Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA

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

waterloo_town_hall_flyer.pdf

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

Michael Vincent Woodbury Bent, 37, Dennis Sharkey II, 50, Adam Fullbright, 37, Chris Nauman, 30, John Husemann, 51 all of Dubuque, Iowa, Heather Harris, 37, Zach Miller, 27, and Jacob Burton, 35, all of Waterloo, Iowa, and Edward Behrens, 50, of Benton, Wisconsin, have been charged with one count of conspiracy to distribute methamphetamine.  Bent and Fullbright have been charged with an additional count of conspiracy to commit money laundering.­ 

Chad Ellis Weyland, 38, Deis Ray, 40, Jay Seehase, 37, and Kevin Hemmer,41, all of Waterloo, Iowa, have been charged with one count of conspiracy to distribute methamphetamine.  Weyland has been charged with an additional count of conspiracy to commit money laundering.

Aldo Omar Lopez Martinez, 22, Adan Sanchez-Chavez, a/k/a Osbaldo Nieto Arreola, a/k/a Osbaldo Martinez Arreola, 25, Roque Rodriguez Arellano, 32, Susana Martinez Arreola, 29, and Michael Corwin, 30, all of Marshalltown, Iowa, and Alejandro Hernandez, 38, and Alfredo Morales, 25, of Des Moines, Iowa, have been charged with one count of conspiracy to distribute methamphetamine.  Lopez Martinez, Sanchez-Chavez, and Martinez Arreola have been charged with an additional count of conspiracy to commit money laundering.

The charges are contained in three Indictments filed on May 26, 2016, in United States District Court in Cedar Rapids. 

The Indictments allege that, starting as early as the summer of 2013, and continuing until May 2016, the defendants conspired with each other and persons known and unknown to the grand jury to distribute methamphetamine.

If convicted, unless noted below, these individuals face a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.­ Weyland, Lopez Martinez, Sanchez-Chavez, Ray, Seehase, Bent, and Sharkey face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 in special assessments, and five years of supervised release following any imprisonment.­

Weyland, Fullbright, Lopez Martinez, Sanchez-Chavez, Rodriguez Arellano, Martinez Arreola, Hernandez, Morales, Bent, Sharkey, and Behrens appeared on June 3, 2016, in federal court in Cedar Rapids and all were held without bond, except for Rodriguez Arellano and Fullbright.  Their next appearance for trial is set for July 18, 2016.

Ray, Hemmer, Harris, and Burton appeared on May 31, 2016.  Ray and Burton were held without bond.  Harris and Hemmer were released on bond.  Their next appearance for trial is set for July 18, 2016.  Nauman and Husemann appeared on June 2, 2016.  Husemann was released on bond and Nauman was held without bond.  Their next appearance for trial is set for July 18, 2016. 

Corwin’s, Seehase’s, and Miller’s, first appearance in federal court in Cedar Rapids for an arraignment will be set for a future date.

Weyland, Sharkey, Bent, Behrens, Lopez Martinez, Sanchez-Chavez, Rodriguez Arellano, Martinez Arreola, Morales, and Hernandez were previously arrested via a federal criminal complaint which was executed simultaneously with the execution of 29 federal search warrants across Iowa and in Wisconsin.   

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams 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 Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), and Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office).

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

The case file numbers are 16-cr-1021, 16-cr-2027, and 16-cr-2028.

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CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa invited the citizens of Dubuque 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, Dubuque County Attorney and Sheriff’s Offices, Dubuque Police Department, and the city’s Human Rights Commission.  The forum was sponsored by “4 the People, Inc.,” an Iowa nonprofit corporation that focuses on education, civic engagement, economic well-being, safety and health.

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 Dubuque County Attorney and Sheriff, Chief of Police, FBI Resident Agent in Charge for Iowa-Nebraska, and the local 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.

Because a recent cross burning in the city is under investigation by local authorities and the FBI, this matter could not be discussed.

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

USA Kevin W. Techau meets with the press to discuss the purpose of the forum.

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Jessica Lynn Roloson, 40, from Central City, Iowa, has been charged with wire fraud and aggravated identity theft.­  The charges are contained in an Indictment unsealed earlier this week in United States District Court in Cedar Rapids. 

The Indictment alleges that, beginning no later than October 2015, and continuing through about January 2016, Roloson stole her grandfather’s identity and participated in a fraudulent scheme to obtain money and property by means of false and fraudulent pretenses, representations, and promises.  It was part of the scheme that Roloson, knowing her grandfather’s social security number, aware of his date of birth, and living in his former home, applied to various credit card companies for accounts in his name.  Roloson then used the credit cards on the Internet to purchase goods.  She also obtained secondary credit cards in her true name, or a variant thereof, to facilitate in-person transactions at local stores.  For example, the Indictment alleges that Roloson used her grandfather’s name and social security number without his permission to apply for an American Express card on October 29, 2015.  Then, on November 5, 2015, Roloson used a card bearing the name “JLynn Roloson” to purchase “Pink Yoga Pants,” a “Pink Knit Top,” and a “Bombshell Push Up Brasierre” at a Victoria’s Secret store in Cedar Rapids.

If convicted on all charges, Roloson faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of 32 years’ imprisonment, a $1 million fine, $200 in special assessments, and three years of supervised release following any imprisonment.­

Roloson appeared earlier this week in federal court in Cedar Rapids and was released pending trial.  Roloson’s next appearance for a status conference is set for July 6, 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 Tim Vavricek and was investigated by the Linn County Sheriff’s Office.

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

The case file number is 16-CR-43-LRR.

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CEDAR RAPIDS, IA – Last night the downtown Cedar Rapids Main Library hosted a follow-on Town Hall to discuss treatment options available to tackle the opioid and heroin epidemic facing the greater Cedar Rapids community.

To help raise awareness and to educate young people on the dangers of addiction, the FBI and DEA released the documentary Chasing the Dragon: The Life of an Opiate Addict, a compilation of heart-wrenching first-person accounts by addicts and family members of addicts about their experiences.  This 49 minute film was shown.  A Q&A session followed with a discussion of drug treatment options from four service providers that are available in Linn County. 

The Eastern Iowa Heroin Initiative launched C.R.U.S.H. (Community Resources United to Stop Heroin), which is a community outreach initiative designed to involve schools, law enforcement, treatment providers, community leaders and health care organizations to address the growing epidemic.  This community response was recently initiated in Dubuque and Clinton counties.  Attendees were encouraged to join and told they could do so by texting “Heroin” to 51555.

United States Attorney Kevin W. Techau described the forum as a necessary step to address the heroin and opioid threat facing the community.  He stated, “The three-prong approach includes not only engaging treatment but includes prevention and prosecution, when necessary.”

To learn more about the Eastern Iowa Heroin Initiative, visit Facebook at www.facebook.com/EasternIowaHeroinInitiative.

 

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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, Dubuque County Attorney and Sheriff’s Offices, Dubuque Police Department, and the city’s 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:       Wednesday, June 1, 2016

Where:     Mindframe Theaters, 555 John F. Kennedy Rd (behind Kennedy Mall), Dubuque, IA

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

hate_crimes_forum_flyer.pdf

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 woman who conspired to distribute methamphetamine and possessed with intent to distribute methamphetamine was convicted by a jury May 26, 2016, after a two-day trial in federal court in Sioux City.

Elizabeth Lopez, 29, from Omaha, Nebraska, was convicted of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.  The verdict was returned following about two hours of jury deliberations.

The 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 travelled from Omaha, NE to Sioux City, IA to distribute 5 grams or more of actual (pure) methamphetamine.  Lopez had hidden the methamphetamine in her bra.  

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  Lopez was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Lopez Name faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, $200 in special assessments, and five years up to life of supervised release following any imprisonment.

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

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

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

CEDAR RAPIDS, IA – The United States Attorney’s Office is joining with the Cedar Rapids Police Department to hold a second Town Hall to discuss the opioid and heroin epidemic that has impacted the city.  To help raise awareness and to educate young people on the dangers of addiction, the FBI and DEA have released the documentary Chasing the Dragon: The Life of an Opiate Addict, a compilation of heart-wrenching first-person accounts by addicts and family members of addicts about their experiences.  This 49 minute film will be shown.

After the film, there will be a Q&A session followed by a discussion of drug treatment options available in Linn County.  The Eastern Iowa Heroin Initiative will launch C.R.U.S.H. (Community Resources United to Stop Heroin), which is a community outreach initiative designed to involve schools, law enforcement, treatment providers, community leaders and health care organizations to address the growing epidemic.  This community response was recently initiated in Dubuque, Iowa.

U.S. Attorney Kevin W. Techau will be present. The event is open to the public. Event page: https://www.facebook.com/events/268612736818992/.

 

Event Details

When: May 31, 2016

Where: Cedar Rapids Downtown Public Library (Whipple Aud.), 450 5th Ave SE

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.

 

CEDAR RAPIDS, IA – Law Day is an annual event originally conceived in 1957 when the American Bar Association suggested recognizing a special national day to mark our Nation’s commitment to the rule of law.  It was made official in 1961 when Congress issued a joint resolution designating May 1 as the official recognition date.

Last year the Cedar Rapids community came together for the first time to celebrate Law Day with area high school students. The theme, “From Selma to Cedar Rapids” highlighted civil rights workers’ fight for civil rights and included a discussion of the Selma marches for the right to vote.  The connection between historical events and current day issues were examined.  Area students participated in a symbolic march along the river starting at the Federal Courthouse and ending at the Veterans Memorial Building, which was followed by a day of programming.

Today, the United States Attorney’s Office for the Northern District of Iowa joined community leaders in a special day of celebrating Law Day 2016.  The theme, Mighty Times: The Children’s March highlighted how youth can serve as catalysts for positive social change.  This historical event eventually brought segregation to its knees when in 1963 young people in Birmingham, Alabama braved arrest, fire hoses, and police dogs to protest injustice.  The connection between this event and current day issues were examined in a series of breakout sessions.

Cedar Rapids Mayor Ron Corbett made opening remarks during which he delivered a Proclamation declaring today as Law Day 2016 to three students from area high schools.  The Proclamation read, “Law Day is an occasion of public acknowledgement of our Nation’s and Iowa’s heritage of justice, liberty and equality under the law.” By celebrating Law Day in Cedar Rapids, it is hoped to promote a better understanding of the roots of our freedoms and serves as a reminder that even the youngest members of our society can effect positive social change.  

United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated that today’s program is aimed at challenging students to think about the fundamental ideals upon which this country was founded and reminded them that they have the power to put their energy and skills to work for the common good. Techau added, “To challenge one another – and our nation – to aim higher; to become better.” 

The keynote speaker for this year’s event was Betty C. Andrews who serves as the President of the Iowa-Nebraska NAACP.  She touched on the subject of racial equity and stressed engagement by young people to make a difference in their community by serving as positive change agents.  Andrews challenged the students to dream big and dream bold.

Metro High School Principal, Dr. Carlos Grant, has been a key participant in the planning and execution of Law Day this year and last.  He stated, “Law Day is a special time for people to appreciate the liberties afforded to us as Americans. The core essence of it is to cultivate a sound respect for the law and our democratic way of life. I believe it is critical that we engage young people in relevant activities related to the law. Oftentimes, our young people do not know about the power they possess and how their passion can ensure their ability to thrive. This year's focus on how young people fight against segregation laws in 1960's Birmingham, AL will be a catalyst for modern teens to impose positive social change.”

Area high school students were invited to participate in program activities designed to encourage them to be a positive change agent in their community.  Follow this event at: #CRLawDay2016.

 

L to R: USA Kevin Techau, Betty C. Andrews, Dr. Carlos Grant

 

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A member of the same gang as Jamal Dean, who made false statements while testifying as a witness at the sentencing of Jamal Dean, was convicted by a jury on April 12, 2016, after a two-day trial in federal court in Sioux City.

Cesar Ramos, age 27, from Sioux City, Iowa was convicted of three counts of making false material declarations.  The verdict was returned following about one hour of jury deliberations. 

The evidence at trial revealed the following facts.  Ramos and Jamal Dean were in the same gang and Jaime Espinoza was in another gang.  After Espinoza was shot, Ramos – according to statements he gave to investigators – drove Jamal Dean away from near the scene of the shooting.  When he was asked about these observations at the sentencing of Jamal Dean, however, he feigned a memory lapse repeatedly answering: “I don’t remember.”  The jury found these answers were made under oath, were false, that Ramos knew they were false, and were material to district court’s sentencing inquiry; and, therefore, constituted perjury.

Sentencing before United States District Court Judge Lenard T. Strand will be set after a presentence report is prepared.  Ramos remains in custody of the United States Marshal pending sentencing.  Ramos faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, $100 special assessment, and up to three years of supervised releases following any imprisonment, on each of the three charges.

The case was investigated by the Sioux City Police Department and the United States Department of Justice – Bureau of Alcohol Tobacco Firearms and Explosives.  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 15-4058.

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SIOUX CITY, IA - The United States Attorney’s Office and the Mercy Child Advocacy Center held a joint press conference today at Mercy Medical Center to commemorate the 10th Anniversary of Project Safe Childhood (PSC), a Department of Justice nationwide initiative to combat child sexual exploitation.  Assistant United States Attorney Timothy Duax and Child Advocacy Center Forensic Interviewer Sherrie Schweder, discussed national and local strategies designed to combat the sexual exploitation of children.

Although originally intended to combat technology-facilitated sexual exploitation of children, the success of the PSC over the past 10 years resulted in its expansion to encompass all federal child exploitation offenses. Just last year, 61 coordinated Internet Crimes Against Children (ICAC) task forces nationwide, representing more than 3,500 federal, state, tribal, and local law enforcement, conducted investigations leading to the arrest of more than 8,500 individuals. Those prosecutions not only rescued victims already being harmed, but also helped prevent other children from becoming victimized.

However, to continue their success, law enforcement agencies and prosecutorial agencies must respond to emerging technological advances, such as encryption technologies, and anonymization networks, which are used by online sex offenders to obscure their identities. These offenders have also increasingly migrated to organized group enterprises, where they can collaborate with other like-minded predators to perpetrate their offenses.

In addition to investigating child exploitation offenses, the United States Attorney’s Office and its partners are also committed to providing community-based outreach efforts. These outreach efforts include internet safety presentations at local schools, and for community groups.

United States Attorney Kevin Techau stated, “Public awareness and education about the current and future threats to children in our district are fundamental to any successful strategy to combat child exploitation. Although the identification of those threats and the investigation and prosecution of offenders are essential, our greatest achievement would be to prevent those crimes from happening in the first place. Consequently, we intend to take measures to positively impact the awareness, understanding, and responses of parents, educators, community members, and children of potential dangers.”

A particular area of emphasis will be placed on combatting the ever-increasing incidence of sextortion offenses. Sextortion is a form of exploitation where an offender obtains information or an image from a child and then uses the compromising information or image to extort the child to create sexually explicit images.  Sextortion offenders typically threaten minors ages 10-17, the typical age range for juvenile Internet users, but increasingly, investigations have revealed that offenders manipulate the victim to abuse younger siblings or friends, thereby extending the threat to even younger and more vulnerable victims.

Going forward, the United States Attorney’s Office and its partners in the fight against child exploitation will continue to utilize a victim-centered approach in pursuing justice. Investigative and prosecution agencies, educational institutions, mental health professionals, victim advocates, medical experts, child service agencies, juvenile justice systems, non-profits, and others who are engaged in responding to sexually exploited children and youth will prioritize the provision of timely, victim centered, individualized, trauma informed, culturally competent, and comprehensive services to these victims.

To learn more about Project Safe Childhood, visit: https://www.justice.gov/psc.

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A Sioux City man who threatened another man with a sawed-off shotgun was sentenced on March 30, 2016 to more than a year in federal prison.

Billy Williams Navarrete, 22, from Sioux City, Iowa, received the prison term after a November 10, 2015 guilty plea to one count of Possession of a Sawed-Off Shotgun.

Evidence at the plea and sentencing hearing showed Navarrete threatened an unarmed man with a hammer, threw a rock at the unarmed man, and when that unarmed man retreated, followed him to his home where he again confronted him with a loaded sawed-off shotgun.  Later law enforcement found the loaded weapon in Navarrete’s car and additional rounds of ammunition on his person.

Navarrete was sentenced in Sioux City by United States District Court Judge Lenard T. Strand.  Navarrete was sentenced to 21 months’ imprisonment.  A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes.  The case was investigated by the Sioux City Police Department, the Woodbury County Attorney’s Office, and the United States Department of Justice – Bureau of Alcohol Tobacco Firearms and Explosives.  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 15-4059.

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An admitted user of a controlled substance who possessed a firearm and ammunition was sentenced yesterday to just over four years in federal prison.

Martin Lewis Smith, 21, from Dubuque, Iowa, received the prison term after a guilty plea on January 13, 2016, to being a prohibited person in possession of a firearm and ammunition.  He was prohibited from possessing a weapon and ammunition because he was a regular user of marijuana.

The evidence showed that Smith exchanged gunfire with another individual in a Dubuque neighborhood with residents present, including small children.  When he was approached by one citizen, he advised that citizen to “Go inside before you get popped.”  He had smoked marijuana the day prior.  At sentencing, the Court noted that Smith created a serious danger to the public and was a high risk to reoffend because of his criminal background and attitude.

Smith was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 51 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system. Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Steve Young 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-1028.

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