Northern District of Iowa

CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa joins community leaders in a special day celebrating Law Day 2016.  The theme, “Mighty Times: The Children’s March,” will highlight how youth can be catalysts for positive social change.  The connection between historical events involving young people in Birmingham, Alabama in 1963 and current day issues will be examined in a series of breakout sessions.  A Proclamation proclaiming May 25th as Law Day in the city will be signed by Cedar Rapids Mayor, Ron Corbett.

The keynote address will be given by the Iowa-Nebraska NAACP President Betty C. Andrews.  Area high school students have been invited and will participate in program activities designed to encourage them to be a positive change agent in their community.  Follow this event at: #CRLawDay2016.

 

Event Details

When:  Wednesday, May 25, 2016.

Where: Event begins at the Cedar Rapids Public Library, 450 5th Ave SE, Iowa, with a keynote address, viewing of a video, then followed by a symbolic march to the Veterans Memorial Building where the program will continue with breakout sessions there and in City Hall.

Time: 9:00 am. – 2:00 p.m.

A felon who conspired to distribute methamphetamine was sentenced March 29, 2016, to 15 years in federal prison.

Israel Grimaldo 26, from Sioux City, Iowa, received the prison term after a December 21, 2015, guilty plea to conspiracy to distribute methamphetamine.  Grimaldo was previously convicted of a felony drug offense in Woodbury County, Iowa, on August 28, 2008.

Evidence presented at the guilty plea and sentencing hearings revealed that Grimaldo was involved in a conspiracy from about January 2013 through January 2014 that distributed at least 50 grams of pure methamphetamine.  During and in relation to this conspiracy, defendant repeatedly obtained, possessed, and re-distributed methamphetamine. For example, he did so on both November 25, 2013 (distributing 7 grams of methamphetamine while armed with a firearm) and December 2, 2013 (distributing 3.5 grams of methamphetamine in a city park) among other times.

In furtherance of his illegal drug trafficking activities, defendant possessed firearms to intimidate his drug customers, guard himself, protect his illegal drugs and drug proceeds, and even rob individuals with whom he had drug disputes. For example, on November 25, 2013, defendant possessed a firearm in his waistband while involved in the 7 gram meth deal previously described, and on December 13, 2013 defendant participated in the robbery of a man (in the presence of a child) in connection with an illegal drug dispute. After the robbery, defendant and an accomplice fled from Iowa into Nebraska where they were later captured.

Grimaldo was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Grimaldo was sentenced to 180 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve an eight-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

The case file number is 14-4068.

The case 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 (HIS); 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.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.

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A felon was sentenced yesterday to more than seven years in federal prison for possessing a loaded firearm on the streets of Cedar Rapids last fall.

Gregory Ray Nevels, 38, from Cedar Rapids, Iowa, received the prison term after a January 4, 2016 guilty plea to being a felon in possession of a firearm and ammunition.  In a plea agreement and at his sentencing, Nevels admitted he was involved in a disturbance in Cedar Rapids, Iowa, on October 24, 2014, that resulted in a 911 call to the police department.  Nevels ultimately discarded a loaded firearm near a shed behind a residence on Mount Vernon Road (in Cedar Rapids).  Law enforcement officers later recovered the firearm and determined the firearm was stolen.

Nevels was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Nevels was sentenced to 87 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.

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

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the FBI’s Safe Streets Task Force 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-0004-LRR.

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A man who tried to discard his heroin in a toilet at the Cedar Rapids Police Department pled guilty today in federal court in Cedar Rapids.

Julius Montgomery, Jr., age 48, from Chicago, IL, was convicted of possession with intent to distribute heroin.

In a plea agreement, Montgomery admitted that the DEA conducted a controlled buy of heroin from a Toyota Echo in which Montgomery was a passenger on November 10, 2015.  The Echo was subsequently stopped and searched for drugs.  An officer at the scene noticed Montgomery was standing with his buttocks clenched tightly, but defendant denied he was concealing anything.  Montgomery was transported to the CRPD for questioning, and later asked to use a bathroom.  Investigators offered a bathroom for defendant to use, but the bathroom offered to defendant was equipped with a toilet designed for prisoners.  The toilet cannot be flushed by the prisoner inside the room, and can only be flushed from an exterior location.  Prior to Montgomery using the bathroom, investigators searched the toilet and noted it was empty.  After Montgomery finished in the bathroom, investigators entered and found a bag in the toilet water.  The bag contained 23 individual packages of heroin, totaling 2.1 grams.  Montgomery also admitted in the plea agreement to selling heroin to confidential informants twice in 2014.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Montgomery remains in custody of the United States Marshal pending sentencing.  Montgomery 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.

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 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-12-LRR.

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Vivian Rochelle Weakley, age 28, from Dubuque, Iowa, has been charged with one count of concealing a person from arrest and one count of obstruction of justice.­  The charges are contained in an Indictment unsealed on May 18, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about April 19, 2016, Weakley harbored and concealed Antwain Deshaun Spratt, who at the time was a federal fugitive.  It further alleges that, while knowing that Spratt was inside her residence, Weakley falsely told a Deputy United States Marshal that she did not know Spratt or where he was located.

If convicted on all charges, Weakley faces a possible maximum sentence of 15 years’ imprisonment, $500,000 in fines, $200 in special assessments, and not more than 6 years of supervised release following any imprisonment.­

Weakley appeared on May 18, 2016, in federal court in Cedar Rapids and was released on bond.  Weakley’s trial is set for July 18, 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 United States Marshals Service and prosecuted by Assistant United States Attorney Dan Chatham.

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

The case file number is 16-CR-30-LRR.

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A Cedar Rapids man pled guilty yesterday in federal court in Cedar Rapids. Jon S. Petersen, 55, was convicted of one count of filing a false tax return for the calendar year 2013.

At the plea hearing, Petersen admitted filing a fraudulent income tax return.  The return failed to include as income donations he diverted from World Ambassadors into his own personal checking account.  In a plea agreement, Petersen admitted he used approximately $114,581 of those funds in 2013 for his own personal use, and such funds constituted taxable income to him.  World Ambassadors is a nonprofit corporation. 

From 2005-2015, Petersen claimed to struggle with a sex addiction.  It became costly so Petersen would pay for this addiction through his credit cards, home equity lines of credit, and World Ambassadors donations. 

From 2010-2014, the number of contributors to World Ambassadors ranged from 31 to 38 people.  From January 2010 through December 2014, World Ambassadors received total deposits in the amount of $476,466.37.  Of these deposits, $475,555.47 was deposited into Petersen’s personal checking account either by bank transfers from the World Ambassador’s account or checks payable to himself from that account.  During this time period, World Ambassadors did not benefit from the use of these funds.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Petersen remains free on bond.  Petersen faces a mandatory minimum sentence of three years’ imprisonment without the possibility of parole, a fine of not more than $250,000, a $100 special assessment, and up to 1 year of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Matthew J. Cole and was investigated by the Internal Revenue Service. 

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

The case file number is 16-CR-39-LTS.

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A man who sold heroin and crack cocaine pled guilty today in federal court in Cedar Rapids.

Chanord Hawkins, age 23, from Cedar Rapids, was convicted of one count of distributing heroin and crack cocaine.

In a plea agreement, Hawkins admitted that, in July 2015, he sold heroin and crack cocaine to another person.  Hawkins also admitted that he again sold heroin to another person in September 2015 and had previously sold heroin to other people in larger amounts.  Overall, Hawkins admitted he was responsible for distributing at least 40 grams of heroin.    

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

The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the 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 is being prosecuted by Assistant United States Attorney Anthony Morfitt. 

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

The case file number is 16-CR-00008-1.

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Seven men have been charged with distributing heroin in Dubuque in early 2016.  The charges are contained in two indictments filed yesterday in United States District Court in Cedar Rapids.  All seven men were previously charged in separate federal Complaints filed in April.

One indictment alleges Derrick Jermaine Brown (a/k/a “Big D”), D’Anthony Lamont Moore (a/k/a “Lil D”), Antwain Deshaun Spratt (a/k/a “T”), Tywone Derrel Matthews, and Jeffery Donta Hitchcock (a/k/a “Buddha”) conspired to distribute fentanyl and 100 grams of heroin near Jackson Park and Prescott Elementary School in Dubuque. That indictment also charges various counts of distribution of heroin against each defendant, and one count of possession with intent to distribute heroin by Brown, Moore, and Matthews.  If convicted of the conspiracy charge, Brown, Moore, Spratt, Matthews, and Hitchcock each face a mandatory minimum sentence of five years’ imprisonment, a possible maximum sentence of 80 years’ imprisonment, a $10,000,000 fine, a $100 special assessment, and up to a lifetime term of supervised release following any imprisonment. 

The second indictment alleges Antrell Desherron Lewis (a/k/a “Lucky” and “Star”) and Antoine Tavares Mitchell (a/k/a “Nephew”) conspired to distribute heroin near Jackson Park and Prescott Elementary School in Dubuque.  It also alleges one count of distribution of heroin by each defendant, and possession with intent to distribute heroin by Mitchell.  If convicted of the conspiracy charge, Lewis and Mitchell face a mandatory minimum sentence of one year imprisonment, a possible maximum of 40 years’ imprisonment, a $2,000,000 fine, a $100 special assessment and up to a lifetime term of supervised release following any imprisonment.

If convicted of the various distribution and possession with intent to distribute charges, the defendants would face additional punishments.

All seven men previously appeared in federal court following their arrests in April and early May.  Brown, Moore, Spratt, Matthews, Lewis, and Mitchell were all held without bond.  Hitchcock appeared in Chicago, Illinois, and was ordered returned to the Northern District of Iowa in custody pending further proceedings.  Initial appearances for the defendants on the indictments have not yet been set.

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 and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and 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 for Brown, Moore, Spratt, Matthews, and Hitchcock is 16-CR-01018-LTS. 

The case file number for Lewis and Mitchell is 16-CR-01017-LTS.

The case file numbers for the previously filed Complaints are:

            Derrick Brown – 16-MJ-102

            Antoine Spratt – 16-MJ-103

            Tywone Matthews – 16-MJ-104

            Antrell Lewis – 16-MJ-106

            D’Anthony Moore – 16-MJ-107

            Jeffery Hitchcock – 16-MJ-113

            Antoine Mitchell – 16-MJ-117

 

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A man who conspired to distribute methamphetamine was sentenced May 10, 2016, to six years in federal prison.

Jose Mejia-Fraijo, 23, from Mexico but residing in Sioux City, Iowa, received the prison term after a January 25, 2016, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Mejia-Fraijo admitted his involvement in a conspiracy that distributed at least 500 grams of actual (pure) methamphetamine from September 2015 through November 2015.  Mejia-Fraijo further admitted to obtaining the methamphetamine from sources in Colorado for further distribution in Sioux City, Iowa.

Mejia-Fraijo was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Mejia-Fraijo was sentenced to 72 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.  Mejia-Fraijo is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the 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 15-4088.           

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A man who conspired to distribute methamphetamine, possessed a firearm in furtherance of drug trafficking and fled prosecution was sentenced May 10, 2016, to more than 13 years in federal prison.

Somsock Senlouangrat, 45, from Tacoma, Washington, received the prison term after a January 11, 2016, guilty plea to conspiracy to distribute methamphetamine, possession of a firearm in furtherance of drug trafficking and failure to appear.

At the guilty plea, Senlouangrat admitted that in September 2003, he and Daosadeth Keophounsouk were stopped by law enforcement in Monona County, Iowa.  At the time, Senlouangrat and Keophounsouk were transporting approximately two pounds of methamphetamine from California to Minnesota for further distribution.  Also located in the vehicle was a Smith and Wesson handgun Senlouangrat had purchased for their protection during the transport of methamphetamine.  Senlouangrat further admitted to absconding from pretrial supervision sometime during November 2003 until his apprehension by the United States Marshals Service on June 19, 2015 in Tacoma, Washington.

Senlouangrat was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Senlouangrat was sentenced to 160 months’ imprisonment.  A special assessment of $300 was imposed.  He must also serve a four-year term of supervised release after the prison term.  There is no parole in the federal system.  Senlouangrat is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

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

The case file number is 16-4001 and 03-4106.

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A woman who conspired to distribute methamphetamine was sentenced May 10, 2016, to more than seven years in federal prison.

Brooke Franke, 37, from Sioux City, Iowa, received the prison term after a February 18, 2016, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Franke admitted her involvement in a conspiracy that distributed more than 150 grams of actual (pure) methamphetamine from 2014 through July 2015 in the Sioux City, Iowa area.  During Franke’s arrest, law enforcement executed a search warrant on Franke’s person (body cavity search) and seized approximately four ounces of methamphetamine.

Franke was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Franke was sentenced to 90 months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

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

The case file number is 15-4052.

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A convicted felon and admitted user of a controlled substance who possessed a stolen weapon with an obliterated serial number was sentenced yesterday to 10 years in federal prison.

Antonio Karlos Thigpen, 35, from Cedar Rapids, Iowa, received the prison term after a guilty plea on January 15, 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 convicted felon and used marijuana.

The evidence showed that Thigpen was in a verbal argument with others within Cedar Rapids city limits while armed with a loaded Glock pistol and under the influence of marijuana.  At his plea, he admitted to having two felony convictions and being a regular user of marijuana.  At sentencing, the Court noted that Thigpen created a very dangerous situation by his actions.

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

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

The case file number is 15-CR-102.

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A woman who made a false statement in an immigration petition was convicted by a jury on May 9, 2016, after a one-day trial in federal court in Cedar Rapids.

Tamie Marie Samuels, age 46, from North Liberty, Iowa, was convicted of one count of making a false statement in an immigration matter.  The verdict was returned Monday afternoon following about thirty minutes of jury deliberations.

The evidence at trial showed that on March 11, 2015, Samuels filed an immigration petition to help her husband, who she married on February 3, 2015, gain legal status to remain in the United States.  Samuels’ husband is from Jamaica and he entered the United States on a visitor visa on February 1, 2015.  In the immigration petition, Samuels falsely claimed she had never filed a petition for an alien relative before.  Samuels had previously filed a petition for an alien relative in 1997 for her second husband who was from Peru.  United States Citizenship and Immigration Services (USCIS) reviews immigration petitions and investigates whether the marital relationships indicate marriage fraud.  By denying that she filed a previous immigration petition, USCIS was unaware of Samuels’ previous filing which could have impacted USCIS’ review of the new petition.

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

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

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

The case file number is 16-CR-0001.

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There will be a press conference held on Tuesday, May 10, 2016, at 2:00 p.m. at the United States Attorney’s Office, 111 7th Avenue SE, Cedar Rapids, Iowa, 52401.  Randall C. Thysse, Special Agent in Charge of the Omaha Office of the Federal Bureau of Investigation (FBI) and others will discuss the arrests and search warrants executed at various locations across Iowa and Wisconsin during a multiagency investigation of a suspected methamphetamine ring.

The investigation is coordinated through the Organized Crime Drug Enforcement Task Force program of the United States Department of Justice and is being investigated by the FBI, 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; La Porte 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).

Press releases and interview opportunities will be available.  Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA - The United States Department of Justice has designated April 24-30, 2016, as National Reentry Week.  During this week, communities nationwide will focus on what can be done to break the cycle of incarceration that is prevalent in communities across the nation, including here in Iowa.

Ninety three percent of offenders currently behind bars will be eligible for release. State workforce and corrections agencies are working to address this issue that affects thousands of Iowans.  Each year, more than 600,000 individuals return to our communities after serving time in federal and state prisons.  In 2015, Iowa released 5,166 individuals from prison.

An additional 11.4 million people cycle through local jails nationally.  Many of these individuals commit new crimes and end up back in prison.  Research has shown a strong correlation between employment and recidivism.  Simply put, individuals coming out of prison are much less likely to commit a new crime if they are employed with a good job.  

“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,” noted United States Attorney General Loretta E. Lynch.  “National Reentry Week highlights the many ways that the Department of Justice is working to tear down the barriers that stand between returning citizens and a meaningful second chance – leading to brighter futures, stronger communities, and a more just and equal nation for all.”

“Making the criminal justice system more effective at reducing recidivism by helping formerly incarcerated individuals contribute to their communities with employment is a priority for the Department of Justice.  An important part of that task is addressing obstacles to successful reentry that too many returning citizens encounter,” stated United States Attorney for the Northern District of Iowa, Kevin W. Techau. 

Later today, the United States Attorney’s Office for the Northern District of Iowa, Iowa Workforce Development, Iowa Department of Corrections, the United States Probation Office, and America’s Job Honor Awards, will attend a proclamation signing with Iowa Governor Terry Branstad in Des Moines, where the Governor will proclaim April 24-30 Reentry Week in Iowa.

Earlier this week the United States Attorney’s Office hosted a focus group consisting of a select group of Cedar Rapids area business leaders.  The aim of the focus group was to discuss perceived issues facing employers when deciding whether to hire individuals with criminal backgrounds.  This group engaged in a candid discussion of the issues relating to the business community’s involvement to assist in reducing recidivism.  The feedback received will assist in formulating programs to reduce recidivism while at the same time allaying the related concerns facing the business community.  At least two other employer focus groups are in the planning stages and will be held at other locations across the District.  Following this, a job fair will be held where employers and justice-involved individuals can interact. 

To learn more about this inaugural event, visit: http://go.usa.gov/cuDh5.

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CEDAR RAPIDS – On Saturday, April 30th, from 10 a.m. to 2 p.m., the Drug Enforcement Administration (DEA) will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.  This is the eleventh opportunity in six years that DEA has offered this free service.

The American Society of Addiction and Medicine reported in a 2016 opioid addiction factsheet that 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.  For opiate-based drugs – both heroin and prescription pain-killers – a high potential for addiction exists no matter the type of drug.  Eastern Iowa has experienced a rash of recent heroin overdoses and deaths.

United States Attorney Kevin W. Techau stated, “The Drug Enforcement Administration’s “Pill Take Back Day” has been very successful and offers an anonymous and free opportunity to rid our medicine cabinets of unwanted pills.”  Techau went on to add, “The threat of prescription drug abuse leading to more serious drug addictions is real. This Saturday is a day our community should come together to fight the opioid and heroin epidemic crossing our nation and impacting our citizens.”

Last September, Americans turned in 350 tons (over 702,000 pounds) of prescription drugs at more than 5,000 sites operated by the DEA and more than 3,800 of its state and local law enforcement partners.  Overall, in its 10 previous Take Back events, DEA and its partners have taken in over 5.5 million pounds—more than 2,750 tons—of pills. 

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

DEA’s pill drop off sites available on April 30th can be accessed through the Iowa Governor’s Office on Drug Control Policy website at: http://www.iowa.gov/odcp/. Under the heading “Important Information,” click on Prescription Drug Disposal and link to its site identified under the heading “Take Back Events.”  DEA cannot accept liquids or needles or sharps, only pills or patches.  The service is free and anonymous, no questions asked.

Those unable to participate next Saturday are offered year around opportunities in Iowa to discard unused, expired and unwanted medications at locations around the state.  To find those locations, access the website above and select the same link. Iowa’s year around “Take Back Kiosks” link displays a map of disposal locations.

For more information about the disposal of prescription drugs or about the April 30 Take Back Day event, go to the DEA Diversion website.  You may also follow the activities and events of the Eastern Iowa Heroin Initiative on Facebook.

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US Attorney Kevin Techau with Assistant USA Pat Reinert and CRPD Officer Al Fear who heads up the Eastern Iowa Heroin Initiative standing by a pill drop box at the Cedar Rapids Police Department.

CEDAR RAPIDS, IA – The U.S. Attorney’s Office reached a resolution to ensure access to bus stops in the City of Waterloo during winter conditions under Title II of the Americans with Disabilities Act (“ADA”). 

A complaint had alleged that bus stops in the City of Waterloo were not accessible to citizens with disabilities due to the failure to remove snow in a timely fashion that was covering sidewalks, curb cuts, or crosswalks.  Persons with disabilities had to operate their wheelchairs in the streets.  There are over 100 bus stops located throughout the city.

“The ADA guarantees people with disabilities equal access to transportation services so that they can travel freely and enjoy autonomy,” said Kevin W. Techau, United States Attorney for the Northern District of Iowa.  “This agreement is an important step toward fulfilling the promise of the ADA even during adverse weather conditions.  We commend the City of Waterloo for entering into the consent decree to ensure equal access during winter weather.”

The settlement calls for the City of Waterloo to submit a plan six months from the signing of the agreement.  That plan must list each bus stop and how the city will maintain the accessible features at each.  The settlement agreement also calls for the city to submit a report to the United States Attorney’s Office relating to the completion of any construction work pertaining to the bus stops to ensure their accessibility.  The city’s plan must include standard operating procedures covering snow removal.  The United States Attorney’s office will monitor compliance.

Executive Director for Exceptional Persons, Inc. (EPI), Christopher Sparks, commended the efforts of the U.S. Department of Justice and the City of Waterloo for working together to reach a settlement to ensure bus benches are accessible and safe for all members of our community.  Sparks stated, “Many of the people EPI serves rely on public transportation to meet basic needs – such as getting to and from work, medical appointments, grocery shopping, and more.  A good number of those people use wheelchairs or other assistive devices for mobility.  Accessible bus stops means not having to wait on a busy street for your transportation – it means safety, it means you’re welcome in the community. It’s invaluable.”

The settlement agreement detailing the terms of the agreement is 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 email.  Those wishing for further guidance can telephone the office by dialing 319-363-6333.

You may learn more about the Americans with Disabilities Act by going to the Department of Justice website at www.ada.gov.

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Johnathan Dewayne Mitchell, 38, from Cedar Rapids, Iowa, has been charged with one count of robbery affecting commerce.­ The charge is contained in an Indictment filed today in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about April 29, 2011, Mitchell obstructed commerce by violently robbing cab driver Catherine “Cathy” Stickley.

If convicted Mitchell faces a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.­

Mitchell’s first appearance in federal court in Cedar Rapids for an arraignment has not yet been scheduled.

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 Attorneys Sean R. Berry and Peter E. Deegan, Jr., and was investigated by the Cedar Rapids Police Department 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-29.

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A man who worked for the owner of a head shop in Iowa City was sentenced to more than nine years in federal prison yesterday in federal court in Cedar Rapids.

Wayne Christopher Watkins, age 40, from Peoria, Illinois, received the prison term after an October 8, 2015 guilty plea to conspiring to manufacture and distribute a synthetic drug called AB-FUBINACA.  The owner of Pipe Dreamz in Iowa City, Robert Carl Sharp, pled guilty on October 5, 2015, but has since filed a motion to withdraw his guilty plea.

In a plea agreement, Watkins admitted that shortly after Sharp was released from federal prison in 2012, he began selling, and later manufacturing, smokeable synthetic cannabinoid products which are commonly known as “Spice,” “incense,” or K2.  Watkins initially worked for Sharp at a store in Peoria, Illinois, called Smoke-N-Ink.  Both men moved to Iowa in 2013 when Sharp opened a head shop called Pipe Dreamz in Iowa City. 

Sharp would order synthetic cannabinoid chemicals and also purchase bulk quantities of dried damiana leaves, a plant material that resembles dried marijuana.  Watkins admitted Sharp would purchase the chemicals, packaging materials, and plant material (typically damiana leaf), from various suppliers and then they would manufacture the product.  Watkins admitted he would dilute the chemical in acetone, and then spray the mixture onto the leaves.  Watkins would then add some flavoring and package the substances into the various brands sold by Sharp. 

Watkins and Sharp sold these products in packets that marketed the substances as incense, and contained a warning that the products were “not for human consumption,” although both men admitted they knew the products were actually intended for human consumption.  The synthetic cannabinoids in these products were actually research chemicals that have not been tested or approved as safe for human consumption, and which have unpredictable short-term effects and unknown long-term effects on users.

On May 7, 2014, Sharp’s store, his house and storage unit in Center Point, Watkins’s house in Cedar Rapids, and the Pipe Dreamz store in Iowa City, were all searched by federal law enforcement.  During the searches, officers seized thousands of synthetic cannabinoid products, including the sprayed-on plant variety and a liquid form of the chemicals that was designed for use in e‑cigarettes.  Officers seized an active manufacturing operation in Watkins’s house, as shown in photographs admitted at an earlier hearing, /media/799201/dl?inline

Watkins claimed Sharp told him that the chemicals they were using were legal.  However, Watkins admitted he believed there was a high probability that the substances he received and distributed were regulated by federal drug laws and he deliberately avoided learning of the true identity of the substances.

Watkins was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Watkins was sentenced to 115 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.

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

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A man who was responsible for distributing pounds of ice methamphetamine and tampering with witnesses was sentenced today to 25 years in federal prison.

Martin Lawrence, 53, from Cedar Rapids, Iowa, received the prison term after an October 28, 2015, jury verdict finding him guilty of three counts: conspiracy to distribute at least 50 grams of ice methamphetamine; possession of at least 5 grams of ice methamphetamine with the intent to distribute; and witness tampering.

Evidence at trial showed Lawrence was the head of a drug trafficking organization responsible for distributing significant quantities of ice methamphetamine, a highly pure, crystalized form of methamphetamine, in Eastern Iowa.  Lawrence obtained the drug from a source of supply located in Omaha, Nebraska, and transported it back to Iowa for redistribution.  Lawrence relied on a network of retail-level distributors who distributed the drug throughout northeast Iowa. 

Investigators learned of the organization after Lawrence’s step-son brought a stuffed animal containing methamphetamine to his elementary school.  During the investigation of this case, law enforcement seized additional methamphetamine, cash, and numerous luxury vehicles from Lawrence including a Mercedes, BMW, Corvette, and Porsche.   

After his arrest on federal charges, Lawrence instructed government witnesses to avoid contact with law enforcement in order to prevent these witnesses from testifying at their trial.  Based on these instructions, Lawrence was found guilty of witness tampering.

During the same trial, Troy Lawrence was also convicted of conspiracy to distribute at least 50 grams of ice methamphetamine; distribution of at least 5 grams of ice methamphetamine with the intent to distribute; and witness tampering.  On January 14, 2016, Troy Lawrence was sentenced to a 262 month term of imprisonment.

Lawrence was sentenced in Cedar Rapids by United States District Court Senior Judge Mark W. Bennett.  Lawrence was sentenced to 300 months imprisonment.  A special assessment of $300 was imposed.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Cedar Rapids Police Department, Drug Enforcement Administration, Linn County Sheriff’s Office, and the Dubuque Drug Task Force. 

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

The case file number is 15-CR-0069.

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Four men have been charged with distributing heroin in Dubuque in 2016.  The charges are contained in four Complaints unsealed yesterday in United States District Court in Cedar Rapids. 

The Complaints allege distributions of heroin on the following dates by the following individuals:

Derrick Jermaine Brown on February 1, 2016;

Tywone Derrel Matthews on March 29, 2016;

Antrell D. Lewis on March 31, 2016; and

D’Anthony Lamont Moore on April 11, 2016.

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

All four men appeared Thursday in federal court in Cedar Rapids and were held without bond.  Their next appearances for detention hearings are set for 4:30 p.m. on Monday, April 18, 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 and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and 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 numbers are:

Derrick Brown – 16-MJ-102

Tywone Matthews – 16-MJ-104

Antrell Lewis – 16-MJ-106

D’Anthony Moore – 16-MJ-107.

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A man who accidentally shot his girlfriend was sentenced yesterday to more than five years in federal prison.

Norris O’Dell Hughes, age 30, from Clear Lake, Iowa, received the prison term after a December 2, 2015, guilty plea to possession of a firearm by a felon.  He was also an illegal user of controlled substances.

The evidence showed that on February 24, 2015, Hughes accidentally shot his girlfriend at a residence in Forest City, Iowa.  After being alerted to the shooting by a neighbor, officers stopped a vehicle occupied by Hughes and his girlfriend.  Officers observed Hughes’ girlfriend had a gunshot wound to the leg.  Officers recovered Hughes’ loaded handgun from the vehicle, which was determined to be stolen.  Hughes was prohibited from possessing a firearm because he had a prior felony conviction for burglary and was an illegal user of marijuana and meth.

Hughes was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Hughes was sentenced to 70 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.  Hughes is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Hancock County Sheriff’s Office, and the Bureau of Alcohol, Tobacco and Firearms. 

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

The case file number is 15-CR-3037.

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A Hopkinton felon who attempted to manufacture methamphetamine with his wife in June 2015 was sentenced yesterday to nearly twenty years in federal prison.

Jody Lee Davis, 47, from Hopkinton, Iowa, received the prison term after a November 16, 2015 guilty plea to one count of Attempted Manufacture and Aiding and Abetting the Attempted Manufacture of Methamphetamine.  At the guilty plea, Davis admitted he had three prior methamphetamine-related Iowa felony convictions when, on June 20, 2015, he tried to manufacture methamphetamine and helped his wife, Lisa Ann Davis, try to do the same.  Deputies with the Delaware County Sheriff’s Office arrested the Davises following the execution of a search warrant at their Hopkinton home on June 20, 2015.  In November 2015, a jury convicted Lisa Ann Davis of three federal methamphetamine-related charges. She is awaiting sentencing.

Davis was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Davis was sentenced to 210 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.  Davis is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and Special Assistant United States Attorney Erin Eldridge and investigated by the Delaware County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-2028-1. 

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An illegal alien who possessed a firearm was sentenced yesterday to one year in federal prison.

Rufino Rolon-Polo, age 36, a Mexico citizen residing in Hampton, Iowa, received the prison term after a December 29, 2015, guilty plea to one count of possession of a firearm by an alien unlawfully in the United States.

The evidence showed that on November 1, 2015, defendant was seen firing a gun in an alley in Hampton, Iowa.  On November 2, 2015, Rolon-Polo was interviewed by officers from the Hampton Police Department and gave consent to search his apartment.  During the search of the apartment, officers found a stolen .22 caliber revolver in Rolon-Polo’s dresser.  Rolon-Polo later admitted he was a citizen of Mexico and was illegally and unlawfully in the United States.  Federal law prohibits illegal aliens from possessing firearms.

Rolon-Polo was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Rolon-Polo was sentenced to twelve 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. Rolon-Polo is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Hampton, Iowa Police Department, the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement Removal Operations, and the Bureau of Alcohol, Tobacco and Firearms. 

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

The case file number is 15-CR-3046.

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A Guatemalan man who unlawfully used the Social Security number of a U.S. citizen was sentenced yesterday to more than two years in federal prison.

Efrain Ramos-Gutierrez, age 35, a Guatemalan citizen residing in Postville, Iowa, received the prison term after a December 28, 2015, guilty plea to one count of misuse of a Social Security Number and one count of Aggravated Identity Theft.

The evidence showed that Ramos-Gutierrez used the name and Social Security Number that he knew belonged to another to work in Postville, Iowa.  In 2006, Ramos-Gutierrez was arrested in South Dakota by immigration officials, released pending further immigration hearings, and ordered to leave the United States by December 2006.  Rather than leave the United States, Ramos-Gutierrez moved to Missouri in 2006, and then to Iowa in 2010 where he obtained work in Postville using the real name and Social Security Number of a U.S. Citizen.  On December 11, 2014, Ramos-Gutierrez used the same name and Social Security Number to obtain insurance. 

Ramos-Gutierrez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Ramos-Gutierrez was sentenced to 25 months imprisonment.  A special assessment of $200 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Ramos-Gutierrez is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

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

The case file number is 15-CR-1024.

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A woman who embezzled from her employer for more than five years was sentenced today to more than two years in federal prison.

Teresa Meeks, age 60, from Cedar Rapids, Iowa, received the prison term after a December 22, 2015, guilty plea to one count of wire fraud. 

In a plea agreement, Meeks admitted that, while employed as an accountant for Primus Construction, Inc. in Cedar Rapids, she embezzled more than $350,000 from the company and related companies over a five year period.  Meeks wrote checks to herself from company bank accounts and then covered up those checks by altering the company’s books to make the checks appear to have been used to pay legitimate business expenses or voided.  In total, Meeks stole $377,610.36 in this way from September 2009 through October 2014, when  her embezzlement was discovered. 

Meeks was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Meeks was sentenced to 33 months’ imprisonment.  A special assessment of $100 was imposed, and she was ordered to make $379,980.88 in restitution to Primus Construction, Inc.  She must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Meeks 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 Anthony Morfitt and investigated by 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-98-LRR.

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A twice convicted felon who possessed three stolen weapons was sentenced today to more than four years in federal prison.

Randall Williams, 26, from Waterloo, Iowa, received the prison term after a guilty plea on January 15, 2016, to one count of being a felon in possession of firearms.

The evidence showed that Williams purchased three firearms from another individual who was involved in burglaries in the Waterloo area.  At the guilty plea, Williams admitted he purchased the weapons knowing they were stolen.  Williams admitted he had an Illinois felony conviction for burglary.  He also had an Iowa felony drug conviction.

Williams was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 57 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.

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

The case was prosecuted by Assistant United States Attorney Steve Young and investigated by the Cedar Falls Police Department. 

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

The case file number is 15-CR-2026.

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CEDAR RAPIDS, IA – The United States Attorney’s Office, in partnership with the Mercy Medical Center and the Eastern Iowa Heroin Initiative, has scheduled a Town Hall Meeting on April 13th to discuss prescription pain killers and 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. Dubuque 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.

Visit www.facebook.com/EasternIowaHeroinInitiative to learn more. You can also join us at #HeroinTownHall.

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

 

Event Details

When: April 13, 2016 (flyer is attached)

Where: Grand River Center (Ballroom), 500 Bell Street, Dubuque, Iowa

Time: Begins at 6:00 p.m. - 8:00 p.m.

Link to flyer: /media/827151/dl?inline

 

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

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Every April, National Crime Victims’ Rights Week (NCVRW) is held to promote victims’ rights and to honor crime victims and those who advocate on their behalf. This year’s NCVRW will be held April 10-16 and the theme, “Serving Victims. Building Trust. Restoring Hope” presents the opportunity to highlight the diversity of our communities, expand partnerships to serve victims of crime, enhance efforts to meet victims where they are, and empower crime victims as they pursue justice and recovery.

The U.S. Attorney’s Office announced today that it has partnered with the   6th Judicial Department of Correctional Services, Horizons - A Family Service Alliance, UnityPoint Health Child Protection Center, Waypoint, Riverview Center, Cedar Rapids Police Department, Deaf Iowans Against Abuse, Cedar Valley Friends of the Family, Marion Police Department, the Linn County Attorney’s Office and concerned citizens to host events in the Cedar Rapids area throughout the week. These events encourage community members to be engaged, to empower victims, and to provide an opportunity to honor those impacted by crime.

“Every year, millions of people are impacted by crime. This week is a time to celebrate progress, raise awareness of victims’ rights and services, and stand with those whose lives have been altered by crime,” said U.S. Attorney Kevin W. Techau. “My office is committed to ensuring victims are treated fairly, with dignity and respect, and are afforded their statutory rights.”

The Opening Ceremony will be held on Sunday, April 10 at 1:00 p.m. at the Marion Police Department.  Denise Stapley, winner of the reality show Survivor: Philippines and a Licensed Mental Health Therapist in Cedar Rapids will be the keynote speaker. The community is invited to join city leaders, members of law enforcement, advocates of victims' rights, crime victims, survivors, and their families as they remember those who have been victimized, honor those working in the field, and focus on the need for justice and support for those impacted by crime. Sign language interpreters will be present during the ceremony.

At the Opening Ceremony the United States Attorneys’ Offices for the Northern and Southern Districts of Iowa will present the annual Victim Service Awards. Kyle Paxton, a Medicaid Fraud Unit Investigator with the Iowa Department of Inspections and Appeals, will receive the 2016 Law Enforcement Victim Service Award for his work involving a case of abuse in an elder group home. The 2016 Award of Excellence in Victim Service will be presented to Holly Elliott, a Victim-Witness Coordinator with the Dubuque County Attorney’s Office, for her work with crime victims and in developing training and standards for victim service providers.

Also, at the event on Sunday, the Linn County Attorney’s Office will present the Jennifer Clinton Domestic Violence Service Award. This year’s recipient is Officer Nicole Hotz with the Marion Police Department. Officer Hotz went above and beyond the call of duty to assist a victim of domestic abuse providing support, concern and compassion in a professional manner.

On Tuesday, April 12, the 6th Judicial Department of Correctional Services will hold a Victim Empathy Circle at the William G. Faches Center. This is a closed event in which clients on correctional supervision focus on honoring victims and developing empathy for the harm their actions have caused to their victims and the community through participation in a healing circle.

On Friday, April 15, from 7:00 to 8:30 p.m. there will be a Candlelight Vigil for Victims of Homicide held at Horizons – A Family Service Alliance located at 819 - 5th Street SE Cedar Rapid, IA. Dr. Jim Coyle will be the keynote speaker discussing Companioning Grief. Dr. Coyle has been a first responder for 33 years. His life mission has focused on assisting individuals through traumatic events.

On Saturday, April 16, at 9:00 a.m. the 10th Annual Go the Distance for Crime Victims 5K Run/Walk will take place at Thomas Park in Marion. To register go to www.gothedistance5k.com. Funds raised from this event are used to reimburse victims for financial losses as a result of a crime.

National Crime Victims’ Rights Week honors and celebrates the achievements of the past 30 years in securing rights, protections, and services for victims. The bipartisan Victims of Crime Act (VOCA), passed by Congress in 1984, created a national fund to ease victims’ suffering. Financed by fines and penalties paid by offenders, the Crime Victims Fund supports services for victims of all types of crime, including assistance for homicide survivors, survivors of child sexual abuse, and victims of human trafficking as well as rape crisis centers and domestic violence programs among others. VOCA also funds victim compensation programs that pay victims’ out-of-pocket expenses such as counseling, funeral expenses, and lost wages.

For additional information about the 2016 National Crime Victims’ Rights Week and how to assist victims in your community, please contact the U.S. Attorney’s Office, Northern District of Iowa or visit www.justice.gov/usao-ndia. For additional ideas on how to support victims of crime, visit the Office for Victims of Crime website, www.ovc.gov.

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CEDAR RAPIDS, IA – Today the United States Attorney’s Office traveled back in history to examine a time when Iowans demonstrated unfettered tolerance and acceptance by inviting refugees fleeing Nazi-occupied Europe during World War II to find a safe haven on the prairies. The program was held at the Federal Courthouse and was offered to encourage a reawakening of that tolerance and acceptance in order to overcome the disruption to our society that can be caused by our holding on to prejudices and fears.

United States Attorney Kevin W. Techau invited the Director of the non-profit organization TRACES Center for History and Culture, Dr. Michael Luick-Thrams, to share his research into refugees fleeing war-torn Europe who found safety in the American heartland and to mark its relevance to events in the world today.

Techau noted that, “The lessons history teaches us concerning the tolerance and acceptance practiced nearly 70 years ago is equally relevant today. Intolerance directed toward those who practice different religions and have a different skin color or sexual orientation is contrary to our strong and long-held cultural heritage of welcoming immigrants and of actively recognizing equality among people.”

An Iowa native, author and historian, Dr. Luick-Thrams spends part of each year in Dresden, Germany, overseeing another non-profit history and cultural center. He shared the story of the Scattergood Hostel located near West Branch, Iowa, during the war years (1939-1943). During this time Iowans welcomed 185 European refugees escaping Hitler’s reach. Luick-Thrams suggested that this glimpse into history offers redeeming stories of positive, inspiring acts of kindness and selflessness and should be viewed today with reflection.

Also speaking was a former Scattergood refugee, Guenter “George” Krauthamer, a retired Rutgers University Professor. He spoke via conference call about his family’s story of their flight from Nazi Germany in 1942.

Dr. Luick-Thrams offered his special insights on this extraordinary time in Iowa history and current events occurring in Europe. He also discussed the mass migration in the spring and summer of 2015 as refugees fleeing war, poverty and ecological disaster arrived in Europe seeking a safe haven from the myriad conflicts wracking the Middle East. Luick-Thrams watched as German neighbors, students, friends and relatives reacted to those uninvited newcomers. Today, he offered his personal perspective on how the refugee crisis will change Germany—and, indeed, Europe—forever.

Those attending the program came away with a greater appreciation of the proud cultural heritage we share as Iowans—the heritage of inclusiveness and tolerance. And, more importantly, a concrete example that the challenges the world faces today might be better served by examining history’s lessons.

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A man who conspired to distribute heroin and fentanyl that led to multiple overdoses and deaths was sentenced today to 20 years in federal prison.

DeShaun Anderson, age 43, from Cedar Rapids, Iowa, received the prison term after a September 23, 2015 guilty plea to one count of conspiracy to distribute heroin and fentanyl resulting in serious bodily injury and death.

At the September plea hearing, Anderson admitted he conspired with others to distribute heroin and another powerful opiate, fentanyl, in Cedar Rapids.  Anderson admitted that, on four occasions, users suffered serious bodily injury as a result of using the substances either he or his co-conspirators distributed.  He also admitted that two individuals died as a result of using substances distributed by the co-conspirators.  All of the deaths and overdose injuries admitted by Anderson occurred between late February and mid-April of 2015.  Court documents reflect that, between January and April 2015, at least four other individuals lost consciousness, but did not suffer serious injuries, after using drugs distributed by Anderson or his co-conspirators.

Anderson was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand.  Anderson was sentenced to 240 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $12,371 in restitution.  He must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.

Anderson is being held in the United States Marshals’ custody until he can be transported to a federal prison.

The case was investigated by 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 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 15-CR-00046-LRR.

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CEDAR RAPIDS, IA – The United States Attorney’s Office is hosting a native-Iowan author and historian who will detail a subchapter of the state’s rich history of tolerance and acceptance, when it provided a safe haven to refugees fleeing Nazi-occupied Europe during World War II. The Scattergood Hostel located in a then-closed Quaker boarding school near West Branch was that safe haven. The author will discuss this rich history and compare and contrast it to the current mass migration of refugees occurring in Europe fleeing war, poverty and ecological disaster from the Middle East.

United States Attorney Kevin W. Techau will introduce the speaker, Dr. Michael Luick-Thrams. Another planned speaker, Dr. Guenter “George” Krauthamer, is a retired Rutgers University Professor. He will tell via a SKYPE connection about his family’s fleeing Europe and their life at the Scattergood Hostel.

Also available for viewing and parked in front of the Federal Courthouse will be a BUS-eum that contains exhibits reflecting Iowa’s rich cultural history. For details, see: http://roots.traces.org/at-home-in-the-heartland

 

EVENT DETAILS

When: Monday, April 4, 2016

Where: Cedar Rapids Federal Courthouse (Jury Assembly Room), 111 7th Ave. SE

Time: 1:00 – 2:00 p.m. (speaker presentation); 1:00 – 4 p.m. (BUS-eum tour)

 

The media interested in attending must contact the office to confirm attendance. Contact information is listed above.

A press release and interview opportunities will be available.

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A man who stomped on and kicked the head of an African American man because of the victim’s race was convicted by a jury on March 30, 2016, after a three-day trial in federal court in Cedar Rapids.

Randy Metcalf, age 40, from Dubuque, Iowa, was convicted of one count of committing a federal hate crime.  The verdict was returned following about three hours of jury deliberations.

The evidence at trial showed that on January 12, 2015, Metcalf assaulted an African American male at the Northside Bar in Dubuque, Iowa, by stomping on and kicking his head as the victim lay barely conscious on the floor of the bar.  Metcalf assaulted the victim and was then pushed away from him by another person in the bar, but then returned to kick and stomp the victim in the head again.  The evidence further showed that he assaulted this man because he was African American and that Metcalf had been using racial slurs in reference to the man over the course of the night prior to the assault.  Metcalf also displayed a swastika tattoo to other people who were in the bar prior to the assault and bragged about having burned crosses.    

“Racially motivated acts of violence have no place in our state or country,” said Kevin W. Techau United States Attorney for the Northern District of Iowa.  “This office is committed to vigorously prosecuting federal laws prohibiting violent acts of hate and protecting the civil rights of the citizens of Iowa.”

“Hate violence violates the fundamental promise of equal protection for all that defines a free and tolerant society,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “As this conviction shows, the Department of Justice will continue to aggressively prosecute hate crimes to ensure that we safeguard the rights of victims and hold perpetrators accountable.”

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Metcalf remains in the custody of the United States Marshal pending sentencing.  Metcalf faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.

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

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

The case file number is 15-CR-1032.

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CEDAR RAPIDS, IA – Today the Department of Justice announced the launch of ten regional Elder Justice Task Forces.  These regional teams will bring together federal, state and local prosecutors, law enforcement, and other agencies with the primary purpose to coordinate and enhance efforts against nursing homes that provide grossly substandard care to their residents. 

United States Attorney Kevin W. Techau stated, “We are excited to participate at the onset of this important initiative.  Elder abuse issues will affect most Iowans at some point in their lives and the forming of this task force will further our ongoing efforts to protect some of our district’s most vulnerable citizens.” 

“Millions of seniors count on nursing homes to provide them with quality care and to treat them with dignity and respect when they are most vulnerable,” said Acting Associate Attorney General Stuart F. Delery. “Yet, all too often we have found nursing home owners or operators who put their own economic gain before the needs of their residents. These task forces will help ensure that we are working closely with all relevant parties to protect the elderly.”

The Elder Justice Task Forces will include representatives from the United States Attorneys’ Offices, state Medicaid Fraud Control Units, state and local prosecutors’ offices, as well as the Department of Health and Human Services, state Adult Protective Service agencies, Long-Term Care Ombudsman programs, and law enforcement.   

“The Department of Justice has a long history of holding nursing homes and long-term care providers accountable when they fail to provide their Medicare and Medicaid residents with even the most basic nursing services to which they were entitled,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “By bringing everyone to the table, we will be able to more effectively and quickly pursue nursing homes that are jeopardizing the health and well-being of their residents.”

Steve Hanson, Special Agent in Charge of the Kansas City Regional Office of U.S. Department of Health and Human Services, Office of Inspector General, stated, “Our office looks forward to working with our law enforcement partners as well as state and local officials to ensure that elderly Iowans receive the appropriate level of care and services they so deserve.”

The ten Elder Justice Task Forces will be launched in the following Districts: Northern District of California, Northern District of Georgia, District of Kansas, Western District of Kentucky, Northern District of Iowa, District of Maryland, Southern District of Ohio, Eastern District of Pennsylvania, Middle District of Tennessee, and the Western District of Washington.

The Elder Justice Task Forces are part of the Department’s larger strategy and commitment to protecting our nation’s seniors through the Department’s Elder Justice Initiative.  The Elder Justice Initiative coordinates and supports the Department’s law enforcement and policy activities on elder justice issues and plays an integral role in the Departments’ investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries.  The Elder Justice Initiative will be providing litigation support and training to the Elder Justice Task Forces.  Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.

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A man who stomped on and kicked the head of an African-American man because of the victim’s race was convicted by a jury today after a three-day trial in the Northern District of Iowa.

Randy Metcalf, 40, of Dubuque, Iowa, was convicted of one count of committing a federal hate crime.  The verdict was returned this afternoon following about three hours of jury deliberations.

The evidence at trial showed that on Jan. 12, 2015, Metcalf assaulted an African-American male at the Northside Bar in Dubuque by stomping on and kicking his head as the victim lay barely conscious on the floor of the bar.  Metcalf assaulted the victim and was then pushed away from him by another person in the bar, but then returned to kick and stomp the victim in the head again.  The evidence further showed that he assaulted this man because of the victim’s race, and that Metcalf had been using racial slurs in reference to the man over the course of the night prior to the assault.  Metcalf also displayed a swastika tattoo to other people who were in the bar prior to the assault and bragged about having burned crosses.

“Hate violence violates the fundamental promise of equal protection for all that defines a free and tolerant society,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “As this conviction shows, the Department of Justice will continue to aggressively prosecute hate crimes to ensure that we safeguard the rights of victims and hold perpetrators accountable.”

“Racially motivated acts of violence have no place in our state or country,” said U.S. Attorney Kevin W. Techau of the Northern District of Iowa.  “This office is committed to vigorously prosecuting federal laws prohibiting violent acts of hate and protecting the civil rights of the citizens of Iowa.”

Sentencing before Chief U.S. District Judge Linda R. Reade of the Northern District of Iowa will be scheduled at a later date.  Metcalf faces a maximum sentence of 10 years in prison, a $250,000 fine, a $100 special assessment and three years of supervised release following any imprisonment.  He remains in custody of the U.S. Marshals pending sentencing. 

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

Trevor John Satrom, 33, from Oran, Iowa, has been charged with one count of possession of a National Firearms Destructive Device Not Registered to Possessor.­  The charges are contained in an Indictment filed on March 23, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about February 10, 2016, Satrom was in possession of four destructive devices: three explosive bombs more particularly described as pipe bombs and one explosive bomb more particularly described as a pressure cooker bomb.  Satrom had failed to register any of these destructive devices in the National Firearms Registration and Transfer Record as required by federal law. 

If convicted, Satrom faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.­

Satrom appeared on March 25, 2016, in federal court in Cedar Rapids and was held without bond.  Satrom’s next appearance for trial is set for May 23, 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 Lisa C. Williams and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Criminal Investigation, the Fayette County Sheriff’s Office, the Iowa State Fire Marshal’s Office, 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-2016.

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CEDAR RAPIDS, IA – Today the United States Attorneys for the Northern and Southern Districts of Iowa co-hosted with Iowa State University (ISU) and Drake University intellectual property and cybersecurity roundtables on both campuses.  Two prominent subject matter experts from the Department of Justice (DOJ) provided their assessments of the cyber threats confronting American business interests and national security.

The goal of the roundtables was to provide informative briefings and discussion as to the nature of the cyber threat posed to businesses today and to provide information concerning the law enforcement response to actual or potential cyber breaches in the future.  By hosting these roundtables, the United States Attorneys and the FBI hope to open and strengthen the lines of communication between the private sector and government that would be vital to an effective response to potential threat or attack. 

United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “Today’s program provided high level FBI and DOJ briefings on the  cybercrime dynamics that Iowa based companies face in 2016 and beyond. Combatting cybersecurity threats is a top priority for the Department of Justice. To effectively fight cybercrime it is important to build awareness and plan in advance of an event. Collaboration between federal government agencies and the private sector is vital to success.”

“We are pleased to be part of this very timely and important discussion,” stated Southern District of Iowa Acting U.S. Attorney Kevin VanderSchel.  “The risks to individual companies and industries are profound due to the ongoing attempts to steal trade secrets, especially through computer intrusion, and we want Iowa businesses to know that the FBI and the Department of Justice stand ready to assist.”

The ISU roundtable was designed to target businesses involved in agriculture, ag bioscience, biotech and bio renewables and addressed such matters as intellectual property/trade secrets theft and cyber security issues. The Drake University roundtable focused on financial services companies, banks, and manufacturing/tech related companies addressing intellectual property and cybersecurity issues. 

Assistant Attorney General (AAG) for National Security, John P. Carlin, spoke to Iowa’s business leaders attending the ISU roundtable about current threats and what his division is doing to identify, prevent, and prosecute suspected criminal activity.  Carlin serves as the Department of Justice’s top national security attorney overseeing nearly 400 employees responsible for protecting the country against international and domestic terrorism, espionage, cyber, and other national security threats.

Joining AAG Carlin during the keynote address was FBI Deputy Assistant Director of the Cyber Crime Division, Eric Sporre.  Spore offered the FBI’s threat assessment.  Sporre is responsible for managing all operations sections in the FBI Cyber Division.

The media attending the ISU roundtable joined Carlin, Sporre, and both U.S. Attorneys in a tour of the Bio-Renewables Complex, which serves as home for the university's top-ranked department of agricultural and Biosystems engineering (ABE).

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Remarks as prepared for delivery

AMES, IOWA

 

Thank you for that introduction, [U.S. Attorney] Kevin [Techau].

And thank you for inviting me to speak today about the national security threats facing our nation. This event comes on the heels of a landmark week for the department’s national security cyber program, and I want to start by saying a few words about our strategy and recent successes in this space.

For many years, nation states and their affiliates enjoyed what they perceived to be a cloak of anonymity when acting in cyber space. A cloak they hid behind to break our laws through cyber intrusions and to threaten our security and economic well-being. They had this perceived cloak because they thought we couldn’t figure out who did it and, if we did figure it out, we would keep it a secret.

Last week, we proved yet again – through a number of law enforcement actions – that we will find and expose those who threaten our national security through cyber attacks or theft.

First and foremost, we unsealed an indictment charging seven experienced Iranian computer hackers for their roles in an extensive campaign of distributed denial of service attacks against the U.S. financial sector.

The damage was real: 46 major financial institutions attacked over 176 days, hit by as much as 140 Gigabits of data per second, costing the victims tens of millions of dollars.

In addition, one defendant is also charged with obtaining unauthorized access into the Supervisory Control and Data Acquisition systems of the Bowman Dam, located in Rye, New York. The intrusion could have given the hacker control of the dam’s water levels and flow rates if it had not been disconnected from the system for maintenance.

These attacks threatened public health and safety, and our economy. And this indictment exposes the faces and names behind the keyboards in Iran used to orchestrate these attacks against us – the attackers were employed by two computer security companies that work on behalf of the Iranian Government, including the Islamic Revolutionary Guard Corps.

That same week, we unsealed a complaint against members of the Syrian Electronic Army, for activity that sought to harm the economic and national security of the United States in the name of Syria and sought to extort law-abiding people all over the world to line their own pockets.

And, following a successful extradition from Canada, we convicted a Chinese businessman in Los Angeles for hacking into the computer networks of U.S. defense contractors, including Boeing, and stealing sensitive information, including data related to fighter jets.

Last week’s announcements prove, once again, there is no free pass for nation state affiliated computer intrusions.

 

The Role of the National Security Division

Disrupting these national security threats is among the highest priorities of the Department of Justice and the National Security Division. Let me share a bit of background on the National Security Division, and what our experience combatting the threat of terrorism has taught us about combating other national security threats, including threats to our national assets.

The September 11th terrorist attacks showed us that putting walls up between foreign intelligence and law enforcement makes connecting the dots of a plot very difficult. So a decade ago, Congress created the department’s first new litigating division in almost half a century, the National Security Division.

We ensure unity of purpose in the department’s number-one mission – to protect against terrorism and other threats to our national security. And we unite prosecutors and law enforcement officials with intelligence attorneys and the intelligence community, to ensure that we approach national security threats using every tool and resource available to the federal government.

In the years since National Security Division’s creation, it is increasingly clear that the factors that motivated our creation and guided our efforts to combat terrorism are equally true in our efforts to protect our valuable national assets.

As with counterterrorism, we realized that prosecution is only one of the many tools the U.S. government brings to bear. So the National Security Division restructured and adapted to support a whole-of-government approach to national security cyber threats. Criminal prosecutions, sanctions, trade pressure and diplomatic options are just some of the responses available to us as we combat online threats to the national security.

Underlying all of the government’s policy options is the need for attribution – to attribute online intrusions with confidence, down to the country, government agency, organization or even individuals involved.

Law enforcement agencies and the Department of Justice are uniquely well suited for these kinds of investigations. And these investigations are the bedrock of our whole-of-government approach because they facilitate the use of so many other tools that promote deterrence.

In some cases, attribution leads to public charges and a criminal prosecution. In other cases, a prosecution may not be the right option, but attribution opens the door for sanctions, disruption operations and bilateral diplomacy.

Our attorneys live by that whole-of-government approach.  We work with our government partners to pick the best tool or combination of tools to get the job done under the rule of law.

We ensure that we have the necessary expertise no matter who is behind the threat, what their motivation is or what tool we need to use.

Under unified NSD leadership, we have integrated the department’s full range of national security expertise under one roof, bringing varied skills and knowledge to the full range of national security challenges.

 

The Threats to our National Assets

The threat landscape we face is ever-changing and evolving, and while our top priority remains combating terrorism, we have also sharpened our focus and increased our attention on the emerging threats to our national assets, including the threat of economic espionage.

And we have seen that these threats are not confined to banks in New York or defense contractors in California. Our entire nation, including America’s heartland here in Iowa, is under constant attack from foreign adversaries and competitors who try to steal trade secrets and other intellectual property, at the expense of our economy and national security.

When certain foreign entities eager for sensitive and valuable information can’t buy it, they may take another approach: they try to steal it. Corporate theft can occur through insiders employed by a company – or it can occur remotely, through cyber intrusions that exploit a vulnerability present in a company’s networks. Companies must be ready for all of these vectors of vulnerability.

Iowa is a fitting place to address these topics. Iowa’s agricultural and food production, renewable energy, biotechnology and advanced manufacturing are an integral part of the country’s economic engine. Between 2002 and 2011, Iowa’s agricultural production grew over 200 percent. This growth is attributable in part to the tremendous innovation that is taking place

in the American agriculture sector. According to one government study, agricultural biotech accounts for $80 billion of a $260 billion biotechnology sector.

You are revolutionizing the way America grows crops. You invest in biotechnology research to develop higher-yielding, drought-resistant crops. You rely on data from sophisticated soil sensors, satellites and drones to optimize the use of water and pesticides.

But, while you spend your days innovating, others spend their days on campaigns to steal the fruits of Americans’ labor.

Just this year, here in Iowa, Mo Hailong, a lawful permanent resident and employee of a China-based seed company, was convicted of participating in a long-term conspiracy to steal trade secrets from DuPont Pioneer and Monsanto, for the purpose of covertly transferring the technology to China.

Hailong and his co-conspirators brazenly stole inbred corn seeds from production fields not far from here. Although he knew that this technology was the valuable and confidential intellectual property of DuPont Pioneer and Monsanto, he stole it for the benefit of his China-based company.

The threat of this kind of economic espionage is serious. Some estimate that, every year, the U.S. loses more than $300 billion from theft of our intellectual property. That figure is about equivalent to the current annual level of U.S. exports to Asia. Losses of that magnitude cost the American economy untold numbers of jobs.

They reduce the profit that American firms make from research and development, which in turn reduces the incentives and resources for innovation. And the activity undermines the trust between countries and companies that is necessary to do business in a globalized economy.

As companies move to digital storage, economic espionage increasingly occurs not just through insider threats but also through cyber activity. As a result of the proliferation of technology – and the myriad ways to exploit it – we face a changing world order in which lone hackers, organized crime syndicates and nation states are all increasingly able to harm our shared networks and our livelihood. Every sector of the economy is a target – agriculture, energy, financial institutions, infrastructure, entertainment and more.

And hackers come in all shapes and sizes. We have seen state and non-state actors using the Internet to steal our intellectual property and export-controlled information at unprecedented levels.

For example, in May 2014, after a lengthy investigation, the department indicted five Chinese military officers by name for computer hacking, economic espionage and other offenses directed at American companies. The indictment describes numerous and specific instances where uniformed officers of the People's Liberation Army hacked into the computer systems of American nuclear power, metals and solar-products companies to steal trade secrets and sensitive, internal communications that could be used by Chinese companies to give them a commercial leg-up.

The investigation, and the public charges it led to, have had a lasting impact. At the time, our indictment was met with indignant denials. But a year later, after rumors circulated that additional costs might be imposed, Chinese President Xi Jinping publicly declared, during his state visit in September, that, “China strongly opposes and combats the theft of commercial secrets and other kinds of hacking attacks.” The United States and China committed that neither country’s government will conduct, or knowingly support, cyber-enabled theft of trade secrets or confidential business information with the intent of providing competitive advantage to companies or commercial sectors.

And, at the G20 Summit last fall, leaders of the world’s most powerful nations pledged not to conduct or support cyber economic espionage. What began with denials ended, at least for now, with a shift in international norms and a commitment from China to change its behavior.

Of course, indictments of state-sponsored hackers will not, on their own, prevent all cyber theft. This is the very point of an all-tools, whole-of-government approach. We need to exert pressure on bad actors from every possible angle. Prosecutions are just one tool in the broader Justice Department approach, which is just one angle from which the U.S. can pressure nation-state actors. The ultimate success of this approach will depend on the ability of U.S. agencies and departments to strengthen and support one another’s actions.

We will not stand idly by as others attempt to steal from us. We will hold them accountable – no matter who they are, where they are or the means by which they steal.

 

Public-Private Partnership

But we cannot do it alone. Your companies – and thus, you, have a critical role to play.

In the case of Hailong, the investigation was initiated when DuPont Pioneer security staff detected suspicious activity and alerted the FBI. DuPont Pioneer and Monsanto cooperated fully throughout the investigation, and that cooperation was essential to disrupt the theft of American technology and hold the perpetrator accountable.

As leaders in your industries, you are on the front lines defending your companies’ valuable intellectual property against insider threats, cyber-attacks and other bad actors determined to erode America’s status as a global leader in those fields.

We know from experience that those seeking to do us harm will look for any available vulnerability to exploit. In many cases, your adversaries have the full backing of their foreign governments and so should you.

As a nation, we must work together to deter and disrupt these threats, and to change our adversaries’ calculus by increasing their cost. Our strategy must ensure there is no free pass.

But the government’s response is only one half of the equation. We need your help. Our nation’s crown jewels are overwhelmingly in private sector hands. And so we work with U.S. companies, across all industry sectors, to ensure that our national security interests are protected.

We have spent time and energy in face-to-face sit downs so that we may better understand the concerns and challenges facing U.S. companies, share guidance and information, and assist with protection, detection, attribution and response. We can warn companies that manufacture or sell targeted U.S. technology when certain bad actors are seeking the particular technology they make.

Corporate outreach sensitizes industry to the threat they face and helps to stem the flow of sensitive technology out of the United States.

This type of cooperation is especially important with respect to cyber-enabled threats. After all, the Internet runs on private infrastructure and the hardware and software that we all use – including in the government – is developed and maintained by the private sector.

After an attack, if an organization works with law enforcement, it puts both in the best possible position to find out exactly what happened and to remediate and prevent further damage. The evidence is often fleeting, so early notification and access to the data is extremely important.

In addition, we may have seen the same indicators of malicious activity in other attacks, so we can conclude who was responsible and identify possible impacts and means of remediation.  Importantly, it also allows us to share information with other potential victims.  One organization’s vulnerability is everyone’s vulnerability and it is critical that we work together.

Law enforcement may be able to use legal authorities and tools that are unavailable to non-governmental entities. Law enforcement can also enlist the assistance of international partners to locate stolen data or identify a perpetrator.

These tools and relationships can greatly increase the odds of successfully apprehending an intruder or attacker and securing lost data. Finally, this cooperation is vital to successful prosecutions that, as I explained, can prevent criminals from causing further damage to victim companies and others.

A united front is critical because the threat you face includes hackers with the full backing of their governments or that are part of sophisticated, international criminal syndicates. They have backup, but so do you – because your government is here to help.

Last year, we announced a new position within the National Security Division focused on outreach to the private sector. This position was created in recognition of the importance of relationships and cooperation in cybersecurity. We understand the importance of prevention and of resilience. We want to support our private sector partners, whether they simply want to establish early lines of communication or call while under the strain of a continuing network breach.

The conversations we have at these events are essential to keep our nation secure, to protect the privacy of our citizens, to enable American businesses to compete fairly in our global economy and to ensure that U.S. businesses and institutions are resilient in the face of cyber threats. While we gather here in Iowa to work together to make this country safer, our adversaries likewise gather to strategize against us. The threats are not letting up and neither will we.

 

Thanks again for inviting me. I look forward to your questions.

WASHINGTON – Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Kevin W. Techau of the Northern District of Iowa, Acting U.S. Attorney Kevin VanderSchel of the Southern District of Iowa, and Deputy Assistant Director Eric Sporre of the FBI’s Cyber Division, will deliver remarks and participate in an intellectual property protection and cybersecurity roundtable co-hosted by Iowa State University on WEDNESDAY, MARCH 30, 2016.  Following the keynote address, there will be a media tour and interview opportunities available with the Department of Justice officials at the BioRenewables Complex.

 

PLEASE NOTE, THE ROUNDTABLE DISCUSSION IS UNDER CHATHAM HOUSE RULES REGARDING AUDIENCE QUESTIONS AND PARTICIPATION.  THE CONTENT OF THE DISCUSSION CAN BE REPORTED ON, BUT WITHOUT AUDIENCE MEMBER ATTRIBUTION OR IDENTIFICATION.  GOVERNMENT PARTICIPANTS MAY BE IDENTIFIED AND QUOTED BY NAME. 

           

IOWA STATE UNIVERSITY ROUNDTABLE

 

WHO:             Assistant Attorney General for National Security John P. Carlin

                         U.S. Attorney Kevin W. Techau of the Northern District of Iowa

                         Acting U.S. Attorney Kevin VanderSchel of the Southern District of Iowa

                         Deputy Assistant Director Eric Sporre of the FBI’s Cyber Division

                                               

WHAT:           Remarks and roundtable discussion targeted to businesses involved in agriculture, agricultural bioscience, biotech and bio renewables addressing trade secret theft and cybersecurity issues.

 

WHEN:           WEDNESDAY, MARCH 30, 2016
                       9:00 a.m. CDT/ 10 a.m. EDT

 

WHERE:       Iowa State University
                        Memorial Union – Campanile Room
                        2229 Lincoln Way
                        Ames, IA 50011
                        OPEN PRESS

 

NOTE: Press inquiries regarding logistics should be directed to Steve Young at Steve.Young@usdoj.gov.  AAG Carlin interview requests should be directed to Marc.raimondi@usdoj.gov or (202) 353-5418.   

 

BIO-RENEWABLES COMPLEX TOUR

 

WHO:             Assistant Attorney General for National Security John P. Carlin

                         U.S. Attorney Kevin W. Techau of the Northern District of Iowa

                         Acting U.S. Attorney Kevin VanderSchel of the Southern District of Iowa

                         Deputy Assistant Director Eric Sporre of the FBI’s Cyber Division

                                               

WHAT:          Tour of the complex followed by media availability

 

WHEN:          WEDNESDAY, MARCH 30, 2016
                      10:15 a.m. CDT/ 11:15 a.m. EDT

 

WHERE:       Iowa State University
                       BioRenewables Complex
                       617 Bissell Road
                       Ames, IA 50011
                       OPEN PRESS

 

NOTE: Press inquiries regarding logistics should be directed to Steve Young at Steve.Young@usdoj.gov.  AAG Carlin interview requests should be directed to Marc.raimondi@usdoj.gov or (202) 353-5418.   

Bassem Afif Herz, age 31, pleaded guilty today in United States District Court in Cedar Rapids, to charges relating to a scheme to illegally ship firearms and ammunition to Lebanon.

Herz was originally charged along with his wife, Sarah Majid Zeaiter; his brother, Ali Afif Ali Herz; and his nephew, Adam Al Herz, in a criminal complaint filed in May 2015.  The affidavit supporting the complaint alleged that between about August 2014 and May 11, 2015, three shipping containers originating from Cedar Rapids were loaded with Bobcat skid loaders, clothing, and various other items with an intended destination of Beirut, Lebanon.  The first container was not interdicted.  On about March 26, 2015, the second container was interdicted at the outbound port in Norfolk, Virginia, where it was found to contain 53 firearms and more than 6800 rounds of ammunition secreted in three Bobcat skid loaders inside the container.  On May 8, 2015, a third container, loaded and shipped from a Cedar Rapids business, was searched and found to contain an additional 99 firearms and over 9500 rounds of ammunition.  The firearms and ammunition were again secreted within two Bobcat skid loaders in the container.

Herz pleaded guilty today to: (a) one count of conspiring to: deal in firearms without a license; ship and transport firearms and ammunition in interstate commerce; make false statements to licensed firearms dealers; fail to give notice to common carriers; and violate the Arms Export Control Act; (b) one count of conspiracy to commit money laundering; and (c) one count of violating the Arms Export Control Act.  In total, Herz could be sentenced to serve 45 years imprisonment; pay a $1,750,000 fine and $300 in special assessments; and serve 13 years of supervised release.

Herz’s wife, brother, and nephew each pleaded guilty in United States District Court in Cedar Rapids to similar charges on March 10 and 11, 2016.

Sentencing proceedings in each case will be set at a later date.

In a plea agreement unsealed at the time of the guilty plea today, Herz admitted there were a total of four shipments of guns sent from Cedar Rapids and destined for Lebanon, between March 2014 and May 2015.  Each of the shipping containers was shipped from Midamar Corporation in Cedar Rapids and contained Bobcat skid loaders in which firearms and ammunition were concealed. Proceeds of the guns sales were used to purchase more guns and ammunition and to further the illegal scheme.

The case is being prosecuted by Assistant United States Attorney Richard Murphy and was investigated by U.S. Immigration and Customs Enforcement, Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and U.S. Customs and Border Protection.

Anyone with information concerning this matter is requested to contact Homeland Security Investigations at 319-286-4680.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-0054-LRR.

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CEDAR RAPIDS, IA – Safe, sufficient, and reliable water resources are essential to the functioning of every aspect and sector of United States society, including agricultural and energy production, industry and economic growth, human and environmental health, and national security.  Because of its importance, today marks the international observance known as World Water Day. 

World Water Day dates back to the 1992 United Nations Conference on Environment and Development where an international observance for water was recommended.  The United Nations General Assembly responded by designating March 22, 1993, as the first World Water Day.  It has been held annually since then.

A White House Water Summit is being held today to raise awareness of the importance of water, and to catalyze ideas and actions to help address these issues through innovative solutions.  The event will be livestreamed at www.whitehouse.gov, and the public is invited to join in online using the hashtag #WHWaterSummit.

United States Attorney Kevin W. Techau noted that the observance of World Water Day provides an opportunity to learn more about water related issues.  Techau noted, “The Department of Justice litigates a wide range of criminal and civil environment enforcement cases under the Clean Water Act.  Clean water is a life-giving, life-sustaining resource for the people of Iowa and people across America.  The Act was enacted more than four decades ago because Americans realized how critically important this resource is to all of us.  I am proud that we continue to use this law to protect the precious resource of water today, here in Iowa.”

Early this year the Federal Court in Cedar Rapids signed a consent decree between the City of Waterloo, the United States and the state of Iowa, which requires the city to comply with the Clean Water Act and take all steps necessary to come into full compliance with the Act. 

Last year a Remsen, Iowa, man was sentenced in Federal Court to be confined following his guilty plea to one count of knowingly discharging a pollutant into a waterway of the United States.  The discharge resulted in a massive fish kill. 

More recently the office filed a four count civil complaint against a concentrated animal feeding operation (CAFO) for discharges of manure and process wastewater being discharged into an unnamed tributary of the Big Sioux River.  The complaint is merely an allegation and the named defendant is presumed not liable until shown otherwise.  A trial date has not been set.  The United States is seeking civil penalties and injunctive relief.

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.  The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972.  “Clean Water Act” became the Act's common name with amendments in 1972.  It is one of the United States' first and most influential modern environmental laws.  As with many other major U.S. federal environmental statutes, it is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state governments.

Emergency events should be reported through the National Response Center at 1-800-424-8802; or on an Environmental Protection Agency form found at: www.epa.gov/enforcement/report-environmental-violations.

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A man who received child pornography pled guilty today in federal court in Cedar Rapids.

Andrew Schrock, age 32, formerly from Marion, Iowa, was convicted of one count of receipt of child pornography.  At the plea hearing, Schrock admitted that, between 2013 and 2014, he knowingly used the Internet to receive child pornography.

Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Schrock remains in custody of the United States Marshal pending sentencing.  Schrock faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Marion Police Department.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 16-0006.

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Ali Afif Al Herz, age 51, Sarah Zeaiter, age 25, and Adam Ben Ali Al Herz, age 23, all from Cedar Rapids, Iowa, have each pleaded guilty in United States District Court in Cedar Rapids, to charges relating to a scheme to illegally ship firearms and ammunition to Lebanon.

The three people were originally charged in a criminal complaint filed in May 2015.  The affidavit supporting the complaint alleged that between about August 2014 and May 11, 2015, three shipping containers originating from Cedar Rapids were loaded with Bobcat skid loaders, clothing, and various other items with an intended destination of Beirut, Lebanon.  The first container was not interdicted.  On about March 26, 2015, the second container was interdicted at the outbound port in Norfolk, Virginia, where it was found to contain 53 firearms and more than 6800 rounds of ammunition secreted in three Bobcat skid loaders inside the container.  On May 8, 2015, a third container, loaded and shipped from a Cedar Rapids business, was searched and found to contain an additional 99 firearms and over 9500 rounds of ammunition.  The firearms and ammunition were again secreted within two Bobcat skid loaders in the container.

Adam Al Herz and Sarah Majid Zeaiter each pleaded guilty to: (a) one count of conspiring to: deal in firearms without a license; ship and transport firearms and ammunition in interstate commerce; make false statements to licensed firearms dealers; fail to give notice to common carriers; and violate the Arms Export Control Act; (b) one count of conspiracy to commit money laundering; and (c) one count of violating the Arms Export Control Act.  In total, Adam Al Herz and Sarah Majid Zeaiter could each be sentenced to serve 45 years imprisonment; pay a $1,750,000 fine and $300 in special assessments; and serve 13 years of supervised release.

Ali Afif Al Herz pleaded guilty to: (a) one count of possessing firearms after having been previously convicted of a misdemeanor crime of domestic violence; (b) one count of conspiring to: deal in firearms without a license; ship and transport firearms and ammunition in interstate commerce; make false statements to licensed firearms dealers; fail to give notice to common carriers; and violate the Arms Export Control Act; (c) one count of conspiracy to commit money laundering; and (d) one count of violating the Arms Export Control Act.  In total, Ali Afif Al Herz could be sentenced to serve 55 years imprisonment; pay a $2,000,000 fine and $400 in special assessments; and serve 16 years of supervised release.

Sentencing proceedings in each case will be set at a later date.

The case is being prosecuted by Assistant United States Attorney Richard Murphy and was investigated by U.S. Immigration and Customs Enforcement, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Anyone with information concerning this matter is requested to contact Homeland Security Investigations at 319-286-4680.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are 15-CR-0054-LRR.

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Jalel Aossey, age 41, and his brother Yahya Nasser Aossey, age 46, both of Cedar Rapids, Iowa, the former co-owners of Midamar Corporation (Midamar) and ISA, Inc. (d/b/a Islamic Services of America, Inc.), were sentenced in federal district court in Cedar Rapids, Iowa, today for their roles in a scheme to defraud customers and consumers of meat products sold by Midamar and certified by ISA as meeting certain international halal standards.  The corporate entities owned by the Aosseys, and previously by their father, William B. Aossey, who founded the businesses, were sentenced in related cases on February 25, 2016.         

Jalel Aossey, former president of Midamar, previously pleaded guilty to one count of conspiring to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud.

Jalel Aossey was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to serve 12 months and one day imprisonment and fined $30,000.  In addition, he was ordered to pay a special assessment of $100.  Aossey will be required to serve a three-year term of supervised release after the prison term and to comply with the terms of a separate consent decree entered into with the USDA Food Safety Inspection Service.  As part of that agreement and his plea agreement, Aossey was required to divest his interest in Midamar and to no longer be associated with the management or operations of Midamar.           

Yahya Aossey previously pleaded guilty as a responsible corporate officer to two counts of selling, transporting, and offering for sale and transportation in commerce, meat and meat food products that were misbranded at the time of sale or transportation.  As part of a plea agreement, prosecution on a conspiracy charge was deferred for a period of five years, subject to compliance with the terms of a pretrial diversion agreement. 

Yahya Aossey was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to serve a three year term of probation and fined $5,000.  In addition, he was ordered to pay a special assessment of $50.  As part of his conditions of probation, Aossey was ordered to comply with the terms of a separate consent decree entered into with the USDA Food Safety Inspection Service.  As part of the consent decree and his plea agreement, Aossey will be permitted to continue as the owner and operator of Midamar.  The consent decree also imposes several requirements on Midamar regarding corrective actions to guard against future violations.           

William B. Aossey was previously sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 24 months imprisonment and fined $60,000.  Aossey was also ordered to forfeit $184,983 representing proceeds of the fraud.  In addition, he was ordered to pay costs of prosecution of $16,824 and a special assessment of $1,500. 

Midamar was previously sentenced to pay a fine of $20,000 and ordered to forfeit $600,000.  Midamar was also placed on probation for five years.  As a special condition of probation, Midamar will be required to abide by all terms of a consent decree entered into with the USDA Food Safety Inspection Service.  The consent decree requires Midamar to take a variety of corrective actions and to remove certain corporate officials, including Jalel Aossey and William B. Aossey, from the business.  Midamar was also ordered to pay a special assessment of $400.

ISA was previously sentenced to pay a fine $60,000 and ordered to pay a special assessment of $400.  ISA was also ordered to forfeit $600,000.  The forfeiture judgment was ordered joint and several with Midamar.  ISA must also abide by a 5 year term of probation.

“The United States Attorney’s Office, in conjunction with our law enforcement partners, is dedicated to curbing business fraud wherever it’s found,” said United States Attorney Kevin W. Techau following sentencing. “The public has a right to expect that domestic food products will be properly labeled and distributed in accordance with law.  That was not done in this case.  We will continue to pursue those who lie, cheat and steal from the public.”

“IRS Criminal Investigations is committed to unraveling complex financial transactions and schemes of this nature to assist our law enforcement partners,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigations.  “The proceeds of illegal activity are used as fuel to continue their criminal conduct.”

Special Agent-in-Charge, Anthony Mohatt, USDA, Office of Inspector General Investigations, Midwest Region stated: “We greatly appreciate the efforts of the United States Attorney’s Office, and our investigative partners who worked tirelessly to bring to justice the corporations and individuals who engaged in a blatant, long-term pattern of activities designed to circumvent USDA regulations for financial gain.  The results of this investigation highlight our agencies goal to strengthen USDA’s ability to implement and improve safety and security measures to protect the public health.”

The cases were prosecuted by Assistant United States Attorneys Richard L. Murphy and Timothy L. Vavricek and investigated by the United States Department of Agriculture Office of Inspector General Investigations and Internal Revenue Service Criminal Investigations. 

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

The case file numbers are: 14-CR-00138-LRR (Jalel and Yahya Aossey); 14-CR-00116-LRR (William B. Aossey, Jr.); 14-CR-00138-LRR (Midamar & ISA).

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A man who received and possessed child pornography was sentenced today to 30 years in federal prison.

Michael Cottrell, age 43, from Reinbeck, Iowa, received the sentence after an October 13, 2015 guilty plea to one count of receipt of child pornography and one count of possession of child pornography.  At the plea hearing, Cottrell admitted that, between 2012 and 2014, he knowingly received child pornography and possessed it on his computer.  At the sentencing hearing, the parties and the court discussed Cottrell’s history of sexual contact with minors when he was a juvenile.

Cottrell was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Cottrell was sentenced to 360 months’ imprisonment.  A special assessment of $200 was imposed, Cottrell was ordered to pay $500 in restitution, and he must serve a 20-year term of supervised release.  He must comply with all sex offender registration and public notification requirements.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sheriff’s Office, 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 15-82.

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A man who possessed a handgun while intoxicated and had marijuana and cocaine within his system was sentenced today to five years in federal prison.

Darius Omar Akheen Rhone, age 27, from Dubuque, Iowa, received the prison term after a December 16, 2015, guilty plea to a single count Indictment of being a prohibited person in possession of a firearm and ammunition.  Rhone’s prohibited status was established by his illegal drug use.

At the guilty plea, Rhone admitted his drug use and possession of the weapon and ammunition on September 1, 2015.  At the sentencing hearing, the facts revealed that Rhone, while intoxicated at a local bar, frequently displayed a .22 caliber pistol kept in his waistband and had threatened to hurt someone.  The loaded magazine was in the weapon but a round was not chambered.  Further investigation revealed Rhone was in possession of a small quantity of marijuana and later tested positive for both marijuana and cocaine use.

Rhone was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 60 months’ imprisonment.  A special assessment of $100 was imposed and he must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Rhone 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-01025.

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A man who illegally re-entered the United States was sentenced today to time served.

Eriberto Nimamac-Tzoy, age 39, from Guatemala, received the prison term after a December 24, 2015, guilty plea to one count of illegal re-entry.

At the guilty plea, Nimamac-Tzoy admitted he had illegally re-entered United States from Guatemala after being deported on November 13, 2006.  On November 23, 2015, Nimamace-Tzoy was encountered by ICE agents at the Hamilton County Jail where he was incarcerated for public intoxication.

Nimamac-Tzoy was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Nimamac-Tzoy was sentenced to time served. He must serve a 1-year term of supervised release.

Nimamac-Tzoy is being held in the United States Marshal’s custody until he can be transported to ICE custody.

The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO). 

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

The case file number is 15-CR-3052.

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A bar owner who admitted to filing false tax returns pled guilty today in federal court in Cedar Rapids.

Bradley Tischer, age 51, from Atkins, IA, was convicted of one Count of Tax Evasion.

At the plea hearing, Tischer admitted in a plea agreement that he evaded taxes from 2009-2013, knowing the returns were false as to his reportable income. 

Tischer owned and operated three bars and grills known as Brogan’s, Miguel’s and Bobby T’s. He also had a corporation known as JGT, Inc., which were used to operate Miguel’s and Bobby T’s.  Tischer underpaid his taxes from 2009-2013 in the amount of approximately $357,172.  Each tax return contained a written declaration that it was signed under the penalty of perjury.  Tischer knew he had not reported funds taken from Brogan’s and JGT, Inc. which were used for his own benefit.

Sentencing will be set after a presentence report is prepared.  Tischer was released pending sentencing.  Tischer faces a maximum penalty of not more than 5 years imprisonment without the possibility of parole; a fine of not more than $100,000; a mandatory assessment of $100; costs of prosecution; and a term of supervised release of up to one year.

The case is being prosecuted by Assistant United States Attorney Matthew J. Cole and was investigated by Internal Revenue Service-Criminal Investigation. 

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

The case file number is 16-cr-16.

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CEDAR RAPIDS, IA – The 2016 theme for Women’s History Month which runs through March honors women who have shaped America’s history and its future through their public service and government leadership.  Iowa had such a leader in Eunice Viola “Ola” Babcock Miller.  Today the United States Attorney’s Office commemorated the month with an examination of this leader’s great accomplishments during a program at the federal courthouse in Cedar Rapids.

U.S. Attorney Kevin W. Techau welcomed those attending the program, including special guests.  Chief of the Iowa State Patrol, Colonel Michael Van Berkum, attended the event and was treated to a historical account of Ms. Babcock’s important role in Iowa’s history as portrayed by Rosemary Harris of Columbus Junction.

Techau noted, as the former Commissioner of the Iowa Department of Public Safety, that Ola Babcock Miller was an “inspirational governmental leader when women were generally not active politically.” He added, “Ms. Miller was a leader ahead of her time. Her courage and willpower in founding the Iowa State Patrol saved thousands of lives. We were proud to honor her memory and legacy as an outstanding public servant and leader. ”

In 1932 Miller was elected the state’s first Secretary of State and before that was active in the suffrage movement as well as the Daughters of the American Revolution.

America’s history sometimes overlooks and undervalues the dramatic influence on our public policy and the building of viable institutions and organizations contributed to by our political leaders like Ola Babcock Miller. 

Extraordinary women have fought tirelessly to broaden our democracy’s reach and help perfect our freedoms.  Today those successes and influences were celebrated.

Miller was one of the first four women to be inducted into the Iowa Women's Hall of Fame in 1975.  In 1999, the Iowa Legislature, prompted by the Iowa Commission on the Status of Women, authorized the renaming of the stately Old Historical Building at East Grand Avenue and East 12th Street as the Ola Babcock Miller State Office Building.  The State Library and other state offices are housed in the building following a $20 million renovation.

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A man with a prior felony and misdemeanor domestic abuse conviction was sentenced yesterday to nearly three years in federal prison.

Willie Hampton, age 56, from Cedar Rapids, Iowa, received the prison term after entering a guilty plea on December 2, 2015, to being a prohibited person in possession of a firearm.  He was prohibited from possessing firearms because he had a previous felony drug conviction and a misdemeanor domestic abuse assault conviction.

At the guilty plea, Hampton admitted he was prohibited from possessing a firearm because of the two convictions.  A .22 caliber revolver was found in his home after the police was alerted to its presence.  At sentencing, it was pointed out that Hampton had criminal convictions covering three decades, including: drug offenses; assaults; interference with official acts; OWIs; driving while suspended/revoked/ barred; criminal mischief; and, false reporting. The court noted Hampton’s criminal history plus his threatening and aggressive manner toward others then sentenced him to the maximum allowed within the sentencing range.

Hampton was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 33 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.

Hampton 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 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 14-CR-104.

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