Northern District of Iowa

A man who conspired to distribute heroin, fentanyl, and crack cocaine that led to several overdoses and deaths was convicted by a jury today, after a 6-day trial in federal court in Cedar Rapids.

Max Julian Wright, age 35, from Chicago, Illinois, was convicted of two counts of distribution of fentanyl and one count of conspiring to distribute heroin, crack cocaine, and fentanyl that resulted in six serious bodily injuries and two deaths.  The verdict was returned this afternoon following about 3 ½ hours of jury deliberations.

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

The jury also found that Wright twice distributed fentanyl during controlled transactions conducted by police in May and June 2015.  Evidence at trial showed the fentanyl was sold to a heroin customer of Wright’s, and that at the time the customer and the police believed the substance was heroin.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Wright remains in the custody of the United States Marshal pending sentencing.  Wright faces a mandatory minimum sentence of life imprisonment, a $12,000,000 fine, $300 in special assessments, and a lifetime term of supervised release if he were released from prison.

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

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-00046-LRR. 

Follow us on Twitter @USAO_NDIA.

Meadowvale Dairy, LLC (Meadowvale), and its owner, Sjerp Ysselstein, have been sued by the United States on four counts of alleged Clean Water Act violations.­  The claims are contained in a Civil Complaint filed on February 26, 2016, in United States District Court in Sioux City.  The Complaint alleges that Ysselstein operates Meadowvale, which has concentrated animal feeding operations (CAFOs) near Rock Valley.

The Complaint alleges that Meadowvale Dairy, LLC owns and operates two National Pollutant Discharge Elimination System (NPDES) permitted, interconnected CAFOs as part of a dairy operation with a combined total of approximately 10,000 head of cattle on a combined 185 acres in northwestern Iowa.

On June 19, 2014, the Iowa Department of Natural Resources (State) conducted an inspection at one of Meadowvale’s CAFOs and observed manure and process wastewater spilling over the walls of a concrete bunker used to store manure.  The manure and process wastewater then discharged into an unnamed tributary of the Big Sioux River.

Other discharges into a tributary of the Big Sioux River occurred on July 21, 2014, and July 22, 2014.  Specifically, on July 21, 2014, the State received reports of an unauthorized discharge into a tributary of the Big Sioux River.  Then, on July 22, 2014, the State observed manure laden process wastewater flowing into the same tributary.  The State sampled the tributary at four downstream locations, and the results at all four locations showed elevated levels of Escherichia coli (E.coli), a pathogen found in manure and process wastewater.

The Complaint also alleges that Meadowvale failed to comply with certain requirements of its NPDES-permit, namely, maintaining depth-markers or emptying settled open feedlot effluent basins (SOFEBs).  SOFEBs store solids and wastewater to prevent the discharge of these pollutants into surrounding waters.

Since 2001, the State has issued 12 notice-of-violations to Meadowvale for violations of its permit, including repeated failures to maintain adequate storage capacity in the facilities’ SOFEBs.  The State has reported discharges from the facilities into waters of the United States on at least five separate occasions with high levels of E.coli, fecal coliform, ammonia, biochemical oxygen demand (BOD) and total suspended solids (TSS).  Meadowvale’s unauthorized discharges have resulted in three penalty actions by the State in 2003, 2005 and 2010.  On at least two separate dates, Meadowvale’s discharges also resulted in reported fish kills.         

In the Complaint, the United States seeks civil penalties and injunctive relief.  A trial date has not been set.

As with any civil case, a Complaint is merely an allegation and a defendant is presumed not liable until shown otherwise.

The case is being handled by Zachary N. Moor, Trial Attorney for the Environmental Enforcement Section of the Environment and Natural Resources Division, Christopher Muehlberger, Attorney, Office of Regional Counsel, United States Environmental Protection Agency Region 7, and Assistant United States Attorney Timothy L. Vavricek.  The case was investigated by the Environmental Protection Agency.

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

The case file number is 5:16-cv-4016-LTS.

Follow us on Twitter @USAO_NDIA.

A felon who possessed a loaded firearm in Cedar Rapids in July 2014 was sentenced last week to eight years in federal prison.

Fabian Taylor, Jr., age 28, most recently from Marion, Iowa, received the prison term after his October 15, 2015, guilty plea to the federal crime of felon in possession of a firearm.  At the guilty plea hearing, Taylor admitted he knowingly possessed a loaded Ruger .357 revolver.  He also admitted having a prior first-degree burglary conviction from Minnesota state court.  At sentencing, the district court found Taylor possessed the loaded firearm in a car and, in fact, fired it at a man who had recently assaulted him.

Taylor was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 96 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.  Taylor 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 investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.

Court file information at: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0057.

Follow us on Twitter @USAO_NDIA.

A Cedar Rapids man who distributed heroin resulting in an overdose was sentenced February 25, 2016, to more than 2 1/2 years in federal prison.

David Hudson, age 31, from Cedar Rapids, Iowa, received the prison term after an October 15, 2015, guilty plea to one count of distribution of heroin and fentanyl.

Hudson admitted that on January 20, 2015, he sold a mixture of heroin and fentanyl to a heroin user.  Hudson watched the user inject the heroin in the bathroom of a convenience store.  After leaving the bathroom, the user collapsed on the floor due to overdosing on the heroin.  Paramedics were called to the scene and were able to revive the user and save his life by administering Narcan.

Hudson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Hudson was sentenced to 34 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.  Hudson 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 Dan Chatham and 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. 

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

The case file number is 15-CR-78.

Follow us on Twitter @USAO_NDIA.

 

William B. Aossey, Jr., age 74, of Cedar Rapids, Iowa, the founder of Midamar Corporation (Midamar) and ISA, Inc. (d/b/a Islamic Services of America, Inc.), who was convicted in July of last year of 15 counts of conspiracy, making false statements on export certificates, and wire fraud, was sentenced today to serve two years in federal prison.  The corporate entities founded by Aossey were also sentenced.       

A 19-count Indictment was filed against Aossey on October 23, 2014.  Aossey was released on pretrial supervision subject to special conditions pending trial. A federal jury convicted Aossey on 15 of the 19 counts on July 13, 2015.  He was acquitted on four counts alleging money laundering and conspiracy to commit money laundering. After the jury returned its verdict, the Court held a detention hearing and ordered Aossey held without bond pending further court order. 

On July 22, 2015, the Court ordered Aossey detained pending sentencing and in its written Order found that Aossey “must remain detained pending sentencing because he has not established by clear and convincing evidence that he is not likely to flee if released under suitable conditions.”  The Order also noted that Aossey had not earned the trust of the Court since he had violated the terms of his pretrial release by failing to notify his probation officer of contact with law enforcement. This failure related to local, state and federal law enforcement raiding his business while investigating illegal firearm shipments to Lebanon.        

Evidence at trial showed that foreign governments imposed strict requirements on the import of religiously slaughtered halal beef.  In addition to prescribing the approved methods of slaughter, the governments of Indonesia and Malaysia restricted halal beef imports to those products that originated from slaughter facilities specifically inspected and approved by each country.  Midamar, a halal food distribution company, directed its employees to change markings on packages of beef product originating from an unapproved slaughter facility to make it appear as if the products originated from an approved slaughter facility. 

As part of the scheme to ship misbranded meat products, USDA export documents were falsified and fake health certificates were generated by Midamar and ISA employees USDA, Food Safety and Inspection Service (FSIS) letterhead.  ISA was responsible for certifying that the product originated from an approved facility, among other things.  As a result of the fraud committed by Aossey, Midamar, and ISA, 22 shipments of beef products not otherwise eligible for import into Malaysia and Indonesia were accepted into commerce in those countries, contrary to the regulations of those countries.  The scheme continued for about two and a half years.

Midamar and ISA each previously pleaded guilty to one count of conspiracy to: commit mail and wire fraud; cover up material facts by a scheme; make and use false statements and documents in a matter within the jurisdiction of the U.S. Department of Agriculture; make false statements on export certificates with the intent to defraud; and, sell misbranded meat in interstate commerce with the intent to defraud.  The scheme to which Midamar and ISA pleaded included the acts charged against Aossey as well as numerous other fraudulent acts and practices concerning the sale and certification of halal beef around the world over about a five year period.         

Aossey was 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 $1500.  Aossey will be required to serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

At the sentencing hearing, the court found Aossey repeatedly perjured himself at his trial and thereby sought to obstruct justice.  The court also found the scheme was sophisticated.  However the court varied down from a guideline sentencing range of 87-108 months, citing Aossey’s advanced age and lack of criminal history. 

Midamar was fined $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 require 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 fined $60,000 and ordered to pay 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.

United States Attorney Kevin W. Techau stated following sentencing, “These are serious offenses that were not an aberration—something that occurred once or twice. This defendant’s conduct was orchestrated, coordinated and planned. Most importantly, the conduct was driven by greed.”  Techau went on to note, “Mr. Aossey directed his employees to change labels and falsify accompanying records to get beef products into foreign countries contrary to the import restrictions of those countries.  By doing this, he placed his profit motive above the interests of foreign consumers of halal beef who wrongly believed the products they purchased and consumed had originated from slaughter facilities that met the strict religious slaughter requirements imposed, and specifically approved, by the regulatory agencies in each country.”

“IRS Criminal Investigation 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 Investigation.  “The proceeds of illegal activity are used as fuel to continue their criminal conduct.”

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

Aossey’s sons Jalel, age 41, and Yahya, age 46, also both from Cedar Rapids, have also been convicted in connection with same scheme as Midamar and ISA.  Their sentencing date is March 11, 2016.

The case was prosecuted by Assistant United States Attorney 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 at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

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

Follow us on Twitter @USAO_NDIA.

A Cedar Falls man who distributed pure methamphetamine was sentenced February 22, 2016, to more than 17 years in federal prison.

Seth Beard, age 36, from Cedar Falls, Iowa, received the prison term after an October 29, 2015, guilty plea to one count of conspiracy to distribute more than 50 grams of pure methamphetamine.  At the guilty plea, Beard admitted that between December 2013 and August 2015 he was involved in the importation of over 8.7 kilograms (3.9 pounds) of pure methamphetamine which he distributed with others in the Cedar Falls area. 

Beard was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Beard was sentenced to 205 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Beard 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 Dan Chatham 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 Federal Bureau of Investigation, the Iowa Division of Narcotics Enforcement, and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department.

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

The case file number is 15-CR-2042.

Follow us on Twitter @USAO_NDIA.

A California man who distributed pure methamphetamine in Iowa and laundered some of the proceeds to a Mexican bank account was sentenced February 22, 2016, to 22 years in federal prison.

Jesus Lizarraga, age 34, from Yucaipa, California, received the prison term after a November 2, 2015, guilty plea to one count of conspiracy to distribute more than 50 grams of pure methamphetamine and one count of money laundering.

At the guilty plea, Lizarraga admitted he recruited individuals from Cedar Falls, Iowa, to assist in the distribution of over 11 kilograms (5 pounds) of pure methamphetamine.  Lizarraga gave the Iowans methamphetamine in Cedar Falls, Omaha, Nebraska, and in California to distribute in the Cedar Falls area.  Lizarraga laundered some of the proceeds from drug sales by directing others to wire the money from Iowa to a Mexican bank account.

Lizarraga was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Lizarraga was sentenced to 264 months’ imprisonment.  A special assessment of $200 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.

Lizarraga 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 Dan Chatham 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 Federal Bureau of Investigation, the Iowa Division of Narcotics Enforcement, and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department.

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

The case file number is 15-CR-2027.

Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA – United States Attorney Kevin W. Techau convened a second financial fraud training session today in Dubuque developed to examine various fraudulent schemes in an effort to strengthen prevention and detection efforts.  The training brought together area financial institutions together with local, state and federal law enforcement partners. The first meeting was convened last week in Cedar Rapids with a future meeting scheduled in Waterloo on March 2nd.  The Dubuque Financial Liaison Group assisted with organizing the training.

United States Attorney Kevin W. Techau stated, “Financial frauds are a serious crime that can result in federal prison time.  Federal, state and local law enforcement agencies treat financial crimes very seriously.”  Techau also noted, “The financial crimes training session will serve to strengthen communication between law enforcement, local banks and credit unions to protect the public and businesses in the greater Dubuque area.  We caution anyone considering this type of criminal activity to reconsider.”

Bringing the partners together to discuss the types of fraud impacting banks, credit unions, local businesses and citizens strengthens the connections necessary to effectively respond.  Without a coordinated approach, those who engage in fraudulent practices may go undetected.  With a coordinated approach, prevention efforts are strengthened.

Representatives from the Federal Bureau of Investigation, U.S. Secret Service and Postal Service, and the Internal Revenue Service discussed their areas of expertise and current trends.  The Dubuque County Attorney’s Office focused on responding to signs of fraud to include elder abuse, counterfeit financial instruments and other common schemes seen locally.  A bank insider crime case study was examined by an Assistant United States Attorney.

With all of the parties detailing their role and responsibilities to combat these crimes, they developed a better understanding of how to work more effectively together to prevent and detect fraudulent practices and engage prosecutors to hold those who commit the crime accountable.

Follow us on Twitter @USAO_NDIA.

A man who sold counterfeit merchandise at a “Clearance Sale” located on 16th Ave. S.W. in Cedar Rapids, Iowa, was sentenced today to more than three years in federal prison.

Yahya Jawad, age 57, from Binghamton, New York, received the prison term after a September 29, 2015, guilty plea to one count of trafficking in counterfeit goods.

In a plea agreement, Jawad admitted that on January 9, 2015, he was selling counterfeit merchandise at a “Clearance Sale.”  Law enforcement officers purchased three counterfeit items from him including a pair of headphones that appeared to be “Beats Audio” headphones and two purses. One appeared to be a “Michael Kors” purse and the other a “Louis Vuitton” handbag.  After confirming that these items were counterfeit, law enforcement officers returned to the “Clearance Sale” and seized additional counterfeit items, including more headphones and purses, as well as other clothing items.  In total, law enforcement seized more than $150,000 worth of counterfeit merchandise.  Evidence at the sentencing hearing today also established that in December 2015, while on release pending sentencing, Jawad ran a similar “Liquidation Sale” in Topeka, Kansas.  Law enforcement in Kansas ultimately conducted a search of this sale and seized more than $280,000 worth of additional counterfeit merchandise. 

Jawad was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Jawad was sentenced to 41 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 prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Department of Homeland Security and the Kansas Attorney General’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 15-CR-83.

Follow us on Twitter @USAO_NDIA.

A man who stole two handguns and broke into five homes in Minnesota and Iowa was sentenced on February 16, 2016, to more than three years in federal prison.          

Raymond Hochstetler, age 26, of Seymour, Iowa, received the prison term after a guilty plea of one count of possession of firearms by an unlawful drug user and one count of possession of stolen firearms. 

In a plea agreement, Hochstetler admitted he was a regular user of marijuana and methamphetamine in April 2014.  He further admitted that he stole two handguns in Minnesota, and then, on April 8, 2014, drove from Minnesota into Northern Iowa with the two guns and a juvenile girl.  At the sentencing hearing, Hochstetler admitted that he also broke into five homes, three in Minnesota and two in Iowa during his April 8, 2014 trip.  The judge at the sentencing hearing described Hochstetler’s trips as a “crime spree.”  

Hochstetler was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Hochstetler was sentenced to 41 months’ imprisonment and fined $5,000.  A special assessment of $200 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was investigated by the Mitchell County Sheriff’s Office and the Iowa Division of Criminal Investigation.

The case was prosecuted by Special Assistant United States Attorney Fedline Ferjuste.

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

The case file number is 16-cr-02025-LRR.

Follow us on Twitter @USAO_NDIA.

Willie Earl Horsley, 29, and Raven Javay Harris, 25, from Dubuque, Iowa, have each been charged with one count of being prohibited people in possession of a firearm and ammunition.­  The charges are contained in a Complaint filed on February 16, 2016, in United States District Court in Cedar Rapids. 

The Complaint alleges that, on or about January 3, 2016, Horsley and Harris were in possession of a 45 caliber High Point semiautomatic handgun and .45 caliber ammunition.  At the time that Horsley and Harris possessed the firearm and ammunition both were users of a controlled substance, specifically marijuana.

The Complaint alleges that on January 3, 2016, at approximately 11:43 p.m., police responded to the residence of Horsley and Harris in, after receiving a 911 call that a shooting had taken place.  When police arrived, they discovered that a two-year old boy, J.H., had been shot in an upstairs bedroom.  Horsley and Harris were present in the home downstairs.

The Complaint further alleges that later that evening, police obtained a warrant to search the residence.  In addition to the firearms and ammunition seized during the execution of the warrant, police also seized from the kitchen a marijuana pipe, a marijuana grinder, and a marijuana bong.  Police also seized a blue marijuana pipe from the bedroom shared by Horsley and Harris.

The Complaint also states that during the course of the investigation, both Horsley and Harris made statements to police.  The night of the shooting, Horsley stated that he owned the .45 caliber firearm.  Harris told police that the .45 caliber firearm belong to both her and Horsley.  In subsequent interviews, Harris indicated that she uses marijuana whenever she gets overwhelmed, and had used at approximately 6:00 p.m. the day of the shooting.  Horsley admitted to smoking marijuana occasionally, approximately two times per week, and that he had last used marijuana a few days prior to the shooting.

Allegations in the Complaint provide that during the course of the investigation, police obtained hair samples from Horsley and Harris in order to test for the presence of controlled substances.  Both samples tested positive for the presence of marijuana.   

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

“The possession of firearms and ammunition by those prohibited by law represents a serious danger to our communities,” said U.S. Attorney Techau.  “Prosecuting those individuals who illegally keep firearms and ammunition is a priority of this office and an important part of keeping our communities safe.”

Horsley and Harris both appeared on February 17, 2016, in federal court in Cedar Rapids and were held in custody of the United States Marshals Service pending a detention hearing.  Their next appearance for their detention hearings is set for February 23, 2016.   

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

This case was referred to the United States Attorney’s Office by local authorities and is being prosecuted by Assistant United States Attorney Lisa C. Williams.  The case was investigated by the Dubuque Police Department and the Bureau of Alcohol Tabaco and Firearms.

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

The case file number is 16-MJ-33

Follow us on Twitter @USAO_NDIA.

Forrest Rindels, age 60, of Waterloo, Iowa, has been charged with one count of receipt of child pornography and three counts of possession of child pornography.  The charges are contained in an Indictment unsealed on February 8, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between 2001 and 2015, Rindels received child pornography and possessed it on a computer and two external storage devices.

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

Rindels appeared for a detention hearing on February 17, 2016, in federal court in Cedar Rapids and was released on bond.  Rindels’ next appearance for trial is set for April 11, 2016.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Waterloo Police Department, and the Cedar Rapids Police Department.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 16-2006.

Follow us on Twitter @USAO_NDIA.

Andrew Schrock, age 32, formerly of Marion, Iowa, has been charged with receipt and possession of child pornography.  The charges are contained in an Indictment filed on January 12, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between 2013 and 2014, Schrock received and possessed child pornography.

If convicted, Schrock faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Schrock appeared on February 9, 2016, in federal court in Cedar Rapids and was held without bond.  Schrock’s next appearance for trial is set for April 11, 2016.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and 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.

Follow us on Twitter @USAO_NDIA.

Robert Even, age 45, of Bellevue, Iowa, formerly of Dubuque, has been charged with distribution, receipt, and possession of child pornography.  The charges are contained in an Indictment unsealed on February 8, 2016, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between 2013 and 2014, Even distributed, received, and possessed child pornography.

If convicted, Even faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of 60 years’ imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Even appeared for a detention hearing on February 11, 2016, in federal court in Cedar Rapids and was released on bond.  Even’s next appearance for trial is set for April 11, 2016.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque 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 16-1002.

Follow us on Twitter @USAO_NDIA.

A former officer of the board of Country Bancorporation who embezzled more than $1,000,000 over nearly a decade was sentenced on February 16, 2016, to more than three years in federal prison.

Heidi Wagler, age 50, from Wayland, Iowa, received the prison term after a October 6, 2015, guilty plea to one count of embezzlement by a bank officer.

In a plea agreement, Wagler admitted that from June 2004 through October 2013 she embezzled at least $864,835 from Country Bancorporation, which controlled seven banks, by paying herself salary to which she was not entitled.  At the time, Wagler was an officer and employee of Country Bancorporation and was in charge of doing payroll for each of these banks.  She was also a member of the Board of Directors of one of the banks and her husband, Russell Wagler, was the Director, President, and CEO of that same bank.  Wagler further admitted that, although she was entitled to compensation from Country Bancorporation for doing the payroll for its banks, she paid herself excess compensation from each of the seven banks at various times over the course of her embezzlement.  At sentencing, she also admitted that, from January 2008 through November 2013, she paid her husband more than $200,000 in additional compensation to which he was not entitled.  At the sentencing hearing, the judge stated that Wagler’s crime was a “pure crime of greed, of avarice.”

Wagler was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Wagler was sentenced to 41 months’ imprisonment and fined $50,000.  A special assessment of $100 was imposed, and she was ordered to make $1,065,799 in restitution to Country Bancorporation.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Wagler was released on the conditions of release previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation and Federal Deposit Insurance Corporation. 

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

The case file number is 15-CR-00089.

Follow us on Twitter @USAO_NDIA.

Robyn Lynn Merchant, a/k/a Robyn Lynn Winterroth, 52, from Vinton, Iowa, has been charged with one count of providing a firearm to a prohibited person.­  The charges are contained in a Complaint unsealed today in United States District Court in Cedar Rapids. 

The Complaint alleges that, on or about February 23, 2015, Merchant provided a Walther HK MP5 22LR semiautomatic rifle to her son, D.W., a minor child. The Complaint further alleges that at the time Merchant provided D.W. the semiautomatic rifle, Merchant knew or had reasonable cause to believe that D.W. was an unlawful user of marijuana.

Allegations in the Complaint provide that on February 24, 2015, at approximately 6:19 p.m., police responded to the residence of Merchant in Vinton, Iowa, after receiving a 911 call that a shooting had taken place.  When police arrived, they discovered that a 14 year old girl, E.R., had been shot in an upstairs bedroom.  That bedroom belonged to D.W., Merchant’s 16 year old son.  D.W. was present in his bedroom at the time of the shooting.  Also present in the bedroom were J.H. and W.H., both 16 year old males. 

The Complaint further alleges that the investigation revealed that at the time of the shooting, D.W. was an unlawful user of marijuana.  Several associates of D.W.’s admitted to observing D.W. use marijuana in D.W.’s bedroom at some time during 2014 and 2015, prior to the shooting incident.  A urine sample obtained on February 24, 2015, from D.W. tested positive for the presence of marijuana.  During a subsequent interview, D.W. admitted to first smoking marijuana at the age of 14, and becoming a regular marijuana user at age 15.    

Allegations in the Complaint also state that when Merchant provided the firearm to D.W. on or about February 23, 2015, she knew and had reasonable cause to believe, that D.W. was then an unlawful user of marijuana.  Specifically, the Complaint alleges that on the night of the shooting, police observed indicators of drug and alcohol use in plain view in D.W.’s bedroom.  That night, from D.W.’s bedroom police seized a marijuana smoking pipe, drug paraphernalia, approximately seven ounces of marijuana individually packaged into eight separate plastic bags, and drug packaging materials.  During a subsequent interview, Merchant admitted to police that she was aware that D.W. was a marijuana user. 

If convicted, Merchant 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.­

“Federal law prohibits certain people from possessing guns and ammunition,” said U.S. Attorney Techau.  “Identifying and prosecuting those who knowingly provide guns to prohibited persons is a priority of this office and an important part of keeping our communities safe.”

Merchant appeared today in federal court in Cedar Rapids and was held in custody of the United States Marshals Service pending a detention hearing.  Merchant’s next appearance for her detention hearing is set for February 18, 2016. 

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

This case was referred to the United States Attorney’s Office by local authorities and is being prosecuted by Assistant United States Attorney Lisa C. Williams.  The case was investigated by the Vinton Police Department, the Iowa Department of Public Safety, the Department of Homeland Security, and the Bureau of Alcohol Tabaco and Firearms.

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

The case file number is 16-MJ-31.

Follow us on Twitter @USAO_NDIA.

 

CEDAR RAPIDS, IA – The United States Attorney’s Office has scheduled a Town Hall Meeting on February 10th to discuss prescription pain killers and the heroin epidemic. Every day, 44 people in the U.S. die from overdose of prescription painkillers.  Yearly, overdose deaths exceed motor vehicle deaths and firearms deaths.  The most recent data available indicates that in 2013, over 46,000 people in the U.S. died from drug overdoses with more than half of that number being caused by prescription painkillers and heroin. The wife of a correctional officer that died as a result of his addiction to painkillers will discuss the family tragedy.

Viewed as a national challenge requiring a community solution, the meeting will bring together community leaders and members, clergy, law enforcement, educators, health care professionals, business leaders, employers and employees to exchange information and strategies to address the epidemic plaguing eastern Iowa.

Topics include an examination of the national threat, opioid-based deaths in Iowa, heroin in Iowa in urban and rural communities, heroin then and now, responding to the addictions, and prevention education in schools, businesses and our communities. Visit www.faceboook.com/EasternIowaHeroinInitiative to learn more.

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

 

Event Details

When: February 10, 2016 (flyer is attached)

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

Time: Begins at 7:00 p.m., and ends at 9:00 p.m.

 

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

A former Anamosa State Penitentiary correctional officer who smuggled contraband into the prison for prisoner use and illegally used controlled substances while possessing assault rifles on duty was sentenced today to more than four years in federal prison.

Garrett Barton, age 29, from Anamosa, Iowa, received the prison term after an October 13, 2015, guilty plea to one count of a Hobbs Act Extortion Under Color of Official Right (accepting bribes to smuggle contraband into the prison) and one count of being an unlawful drug user in possession of firearms.

In a plea agreement, Barton admitted that from July 2010 until February 2015, he was employed as a correctional officer with the Iowa Department of Corrections, serving most of that time at the Anamosa State Penitentiary.  In November 2014, Barton accepted cash from an inmate (provided to him through the inmate’s girlfriend) to smuggle two cell phones into the prison for use by inmates.  Other public records demonstrated that Barton also smuggled controlled substances into the prison for inmate use.  He also sold and traded controlled substances with other correctional officers.  The plea agreement reflects that Barton admitted he was an unlawful drug user while employed at the penitentiary.  During that time he possessed four personal firearms, and was issued assault rifles scores of times while standing guard duty in the prison towers.

“This defendant chose to place his own greed above the safety of other Iowa Department of Corrections employees as well as the public he was sworn to protect. Those who agree to smuggle contraband into federal and state prisons can expect to join the inmates from whom they are attempting to profit,” said United States Attorney Kevin W. Techau.

Anamosa State Penitentiary Warden William Sperfslage stated after Barton’s sentencing, “Mr. Barton failed in his mission to the citizens of Iowa that he was hired to protect.  He also placed his coworkers in danger by providing contraband to offenders.  In doing so, we believe it very appropriate that he is now sentenced to a period of incarceration in a correctional facility.”  Sperfslage went on to add, “While we find these actions unacceptable, we also recognize they are his actions and not a reflection on the remaining staff that perform their duties every day and who model the positive behavior we work to instill in the offenders we supervise.”

Barton was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Barton was sentenced to 57 months’ imprisonment and fined $7,500.  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.

Barton was released pending imprisonment and is to surrender to the United States Marshals Service in Cedar Rapids on February 24, 2016.

The case was prosecuted by Assistant United States Attorney C.J. Williams and Special Assistant United States Attorney Erin Eldridge, and was investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Iowa Department of Corrections. 

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

The case file number is 15-cr-0091-LRR.

Follow us on Twitter @USAO_NDIA.

A man who illegally possessed firearms was sentenced yesterday to 15 years in federal prison, the maximum prison term allowed for his crimes.

Kendan Fonville, also known as “Fudd,” age 23, from Cedar Rapids, Iowa, received the prison term after an April 28, 2015, guilty plea to possessing a firearm as drug user and possessing a firearm with an obliterated serial number.

In a plea agreement, Fonville admitted that he illegally possessed a Bersa Thunder .380 caliber pistol in March 2012.  Fonville admitted that the pistol had an obliterated serial number, that he knew the serial number was obliterated, and that he was an unlawful drug user at the time he possessed the pistol.  At yesterday’s sentencing hearing, witnesses testified that in March 2012, defendant assaulted a woman with a bottle, knocking her unconscious, and then shot rounds into the air from an AK-47 assault rifle in the middle of the street on the Southeast side of Cedar Rapids.  Evidence at the sentencing hearing also showed that Fonville severely beat another inmate in November 2014 while he was awaiting trial and sentencing in this matter. 

Fonville has been in federal custody since an October 2014 detention hearing in front of Chief United States Magistrate Judge Jon Stuart Scoles.  In ordering him detained, Judge Scoles concluded that “despite being only 22 years old, [Fonville] has approximately 30 convictions,” including “11 convictions for assault, 6 convictions for interference with official acts, 4 convictions for public intoxication, and 3 convictions for trespass.”

In sentencing Fonville to a 15-year prison term, United States District Court Chief Judge Linda R. Reade noted defendant’s violent past, the seriousness of his federal offenses, and found that he “poses a substantial risk of danger to the public.”  There is no parole in the federal system.

“Targeting violent criminals for federal investigation and prosecution is a priority for the Northern District of Iowa United States Attorney’s Office while working with the entire federal state and local law enforcement community,” said United States Attorney Techau.  “One way to stop violent criminals who endanger our communities is for law enforcement and prosecutors to work together.  This case is a good example of how this kind of partnership makes a difference.  The individual sentenced is a very violent person.  His record speaks for itself.  There is no doubt he is a very dangerous man that needs to be locked up to protect society.”

“This conviction is the result of a cooperative effort between area law enforcement and the U.S. Attorney to apprehend and hold accountable an individual for both dangerous and illegal activity in our community,” said Cedar Rapids Chief of Police Wayne Jerman.  “We are grateful to the U.S. Attorney’s Office and our federal law enforcement partners for helping make Cedar Rapids a safer community.”

The case was prosecuted by Assistant United States Attorneys C.J. Williams and Ravi T. Narayan and was investigated by the Federal Bureau of Investigation 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 14-CR-117.

Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA – A grand jury sitting in Cedar Rapids, Iowa, returned an indictment on January 21, 2016 charging two Iowa businessmen with federal employment tax violations, announced U.S. Attorney Kevin W. Techau for the Northern District of Iowa and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.

Randy Less, a resident of Hopkinton, Iowa, and Darrell Smith, a resident of Forest City, Iowa, are each charged with multiple counts of willfully failing to collect, truthfully account for and pay over federal income, Social Security, and Medicare taxes that were withheld from the wages of the employees of Permeate Refining, Inc., which was in the business of ethanol production.

According to the allegations in the indictment, Less was the majority owner, a general partner, and the general manager of Permeate Refining, Inc. in Hopkinton, Iowa.  In those roles, Less had the responsibility to collect, truthfully account for, and pay over to the Internal Revenue Service (IRS) federal employment, Social Security, and Medicare taxes withheld from the wages of his employees.  From approximately the fourth quarter of 2009 and continuing through the fourth quarter of 2010, Less is alleged to have willfully failed to pay over to the IRS more than $116,000 in withheld taxes.

The indictment further alleges that a company called Algae Energae purchased an ownership interest in Permeate in September 2009. After that purchase, it is alleged that Smith, a corporate officer and manager of Algae Energae, also had the responsibility to collect, truthfully account for, and pay over to the IRS taxes withheld from the wages of Permeate’s employees.  From approximately the first quarter of 2011 and continuing through the third quarter of 2012, both Less and Smith are alleged to have willfully failed to pay over to the IRS more than $307,000 in withheld taxes.

If convicted, the defendants face a statutory maximum sentence of 5 years in prison and a $250,000 fine for each count.

An indictment is not a finding of guilt.  Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.

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

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

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

Follow us on Twitter @USAO_NDIA.

A man who stole a gun from a Cedar Rapids gun store was convicted by a jury today after a 2-day trial in federal court in Cedar Rapids. 

Dante Glinn from Cedar Rapids was convicted of theft of a firearm from a licensed dealer. The verdict was returned following about four hours of deliberations. 

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

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

The case was investigated by the Cedar Rapids Safe Street Task Force. The task force is composed of representatives from the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Immigration and Customs Enforcement; United States Marshals Service; Iowa Division of Criminal Investigation; Cedar Rapids Police Department; Marion Police Department; Sixth Judicial District Department of Correctional Services; Linn County Sheriff’s Office; and Iowa Department of Inspections and Appeals.  The case is being prosecuted by Assistant United States Attorney Jacob Schunk. 

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

The case file number is 15-CR-00093.

Follow us on Twitter @USAO_NDIA.

A man who possessed child pornography was sentenced January 22, 2016 to over 11 years in federal prison.

Adam Haacke, age 27, from Riceville, Iowa, received the sentence after an October 26, 2015 guilty plea to one count of possession of child pornography.  At the plea hearing, Haacke admitted that, between 2014 and 2015, he knowingly possessed child pornography on a hard drive.

Haacke was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Haacke was sentenced to 135 months’ imprisonment.  A special assessment of $100 was imposed, and he must also serve a 10-year term of supervised release.  He must comply with all sex offender registration and public notification requirements.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Hancock County Sheriff’s Office, the Mitchell County Sheriff’s Office, and the Mason City Police Department.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 15-2029.

Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA - The city of Waterloo was sued on October 26, 2015 by the United States and the State of Iowa on multiple counts alleging violations of the Clean Water Act and Iowa law.  The violations involved the illegal discharge of untreated sewage, permit violations, and violations relating to the city’s operation and maintenance of its sewer system. 

On January 20, 2016, the Federal District Court in Cedar Rapids signed a consent decree between the parties.  The consent decree requires the city of Waterloo to comply with the Clean Water Act and take all steps necessary to come into compliance with the Act.  The consent decree requires the city to meet several benchmarks, including:

• Continuing to implement rainfall and flow monitoring and a footing drain removal program;

• Implementing a Capacity, Management, Operations and Maintenance (CMOM) Program Plan for the city’s sewer system;

• Completing targeted Condition and Capacity Assessments of the sewer system;

• Creating a Hydraulic Model of the sewer system;

• Developing a Sanitary Sewer Master Plan that proposes specific remedial measures for the sewer system; and

• Completing the remedial measures set forth in the Master Plan.

This settlement mandates that Waterloo make critical structural changes to its sanitary sewer system to improve the quality of Iowa’s waterways. The enforceable schedule established by this consent decree will ensure completion of upgrades needed to handle wet weather events.

United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “Leadership in the city of Waterloo should be commended for working through this difficult situation and committing to make the improvements to water quality that will result from the settlement.”  Techau, however, noted that, “For years the city has been releasing raw sewer water containing pathogens into the Cedar River, threatening public health and impacting all citizens—those who rely on the Cedar River for drinking water as well as Iowans who love to fish and use the river for recreation.  So this settlement is not only great news for the citizens of Waterloo but for everyone that cares about clean water.” 

Techau went on to add, “This is especially true for those Iowans who live down river from Waterloo. The settlement will safeguard water quality and protect human health by ensuring much needed upgrades to the Waterloo sewer infrastructure that will reduce combined sewage overflows and the public’s exposure to harmful pathogens.”      

The case was handled by the Department of Justice, Environmental and Natural Resources Division Trial Attorney Danica Anderson Glaser, Assistant United States Attorney Matthew J. Cole, Assistant Iowa Attorney General David R. Sheridan, the Environmental Protection Agency, and the Iowa Department of Natural Resources.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 6:15-cv-02087.

Follow us on Twitter @USAO_NDIA.

On January 25, 2016, the last of two men and two women who conspired together to distribute methamphetamine was sentenced to federal prison.

Isaac Esquivel, 37, from Sanborn, Iowa; Mackenzie Jellema, 31, from Sioux City, Iowa; Joe Leal, 49, from Hartley, Iowa; and Valerie Ortega, 30, from Sanborn, Iowa, each received prison terms after guilty pleas to conspiracy to distribute methamphetamine.

At the guilty pleas, each admitted their involvement in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine in the O’Brien County, Iowa area.  In total, law enforcement made undercover purchases and seizures from the group totaling 271.78 grams of methamphetamine.     

Ortega and Esquivel were sentenced in Sioux City by United States District Court Judge Donald E. O’Brien, and Leal and Jellema were sentenced by United States District Court Judge Mark W. Bennett.  Esquivel was sentenced to 36 months’ imprisonment and a term of supervised release of two years.  Jellema was sentenced to 48 months’ imprisonment; Leal was sentenced to 81 months’ imprisonment and Ortega was sentenced to 42 months’ imprisonment.  A special assessment of $100 was imposed for each.  Jellema, Leal and Ortega must each also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Iowa Department of Narcotics Enforcement, Spencer Iowa Police Department, Clay County Iowa Sheriff’s Office, O’Brien County Iowa Sheriff’s Office, Sheldon Iowa Police Department, Iowa Great Lakes Drug Task Force and the Southwest Iowa Narcotics Enforcement Task Force.    

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

The case file number is 14-4052.  Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA – United States Attorney Kevin W. Techau joined forces with representatives from Homeland Security Investigations (HSI), Marion Police Department, Iowa Department of Transportation Motor Vehicle Enforcement and Cedar Rapids Gives to reinforce their commitment to combat all forms of slavery and to assist victims of this heinous crime. 

President Barack Obama proclaimed January as National Slavery and Human Trafficking Prevention Month.  In his proclamation, the President stated that all nations have a part to play in keeping our world safe for all people and that this month we should recognize the victims of trafficking.  He further stated, “Let us resolve to build a future in which its perpetrators are brought to justice and no people are denied their inherent human rights of freedom and dignity.”

Last year the United States Attorney’s Office partnered with Iowa DOT Motor Vehicle Enforcement to bring awareness to this issue.  They engaged truck drivers at two Waterloo truck stops to discuss the criminal enterprise of human trafficking.  This was in support of the Truckers Against Trafficking (or TAT) initiative.  TAT is a nonprofit organization created to bring education, awareness and empowerment to truck drivers across the nation to spot and report signs of human trafficking. 

U.S. Attorney Kevin W. Techau stated during a press conference held at the Marion Police Department, “Human trafficking threatens lives globally and even happens in our state.  It happens every minute of every day.  Traffickers are sophisticated and use force, fraud or coercion to lure victims and then force them into labor or commercial sexual exploitation. These vulnerable victims need to be identified and rescued.” He further noted, “In addressing this scourge, we work best when we work together, and I thank our federal, state and local partners and Cedar Rapids Gives for joining us today to address this issue, not only during the investigative stage, but also providing the essential services after the investigation is complete.”  Techau offered a special thank you to Christi Geisler, herself a victim-survivor of human trafficking, for sharing her thoughts.

Highlighted during the press conference was the U.S. Department of Homeland Security’s (DHS) Blue Campaign.  “HSI investigates international and domestic cases of human trafficking and provides support to victims,” said Acting Special Agent in Charge William Lowder of HSI St. Paul.  “Our special agents accomplish this through the use of our unique authorities and expertise stripping away the traffickers’ assets and profit incentives, and working with U.S. and foreign partners to attack networks worldwide and working in partnership with non-governmental organizations to identify, rescue, and provide assistance to trafficking victims.”  Informational material used in the Blue Campaign was made available.  To learn more visit: http://www.dhs.gov/blue-campaign.

Marion Police Chief Harry R. Daugherty stated, “We recognize that this crime is not confined by geo/political boundaries.”  He further noted that, “This is why the Marion Police Department has taken a pro-active approach by crossing jurisdictional lines and working with other agencies, to bring justice to victims and by holding offenders responsible for their crimes.”

Chief David Lorenzen with Iowa DOT Motor Vehicle Enforcement serves on the Truckers Against Trafficking (TAT) national board and has been active in addressing this issue within the state. “It was common sense that thrust Iowa into becoming active in fighting this hideous criminal nightmare.  Our officers take this initiative seriously and interact with trucker drivers and concerned citizens daily.  We believe this program will have a positive impact.” 

Lorenzen recounted a recent tragic trafficking event involving a woman taken from the Des Moines area and trafficked at a truck stop in Virginia.  A truck driver working for a company training its drivers with TAT materials made a call to authorities when he saw something suspicious. His awareness was the result of his company’s culture and its commitment to train their drivers to be on the lookout for possible trafficking.  As a result of that call, the victim was rescued and the traffickers, also from the Des Moines area, were arrested and eventually convicted and sentenced to 40 years in prison.  Chief Lorenzen concluded his comments stating, “We welcome the opportunity to enhance partnerships as we move forward.” Visit TAT at: http://www.truckersagainsttrafficking.org.

The President of Cedar Rapids Gives, Teresa Davidson, an NGO in Iowa with a mission to provide prevention, rescue and restoration to victims and survivors of sex and labor human trafficking, stated, “While it is critical to have law enforcement and legislation to investigate, rescue and prosecute these cases, it is also important to provide the specific and unique services survivors of human trafficking require.”  Cedar Rapids Gives is in the process of changing its name to “Iowa Stops Traffik” and is applying for a government grant to increase the amount of support and services it can provide human trafficking survivors in seven Iowa counties around Cedar Rapids.  The organization’s website is: www.cedarrapidsgives.org. 

Christi Geisler, herself a victim-survivor of human trafficking, spoke about how she was victimized and the signs law enforcement should look for when they come across a possible victim who might be too scared to seek help.  She also noted how these victims can be further victimized within the judicial system when there is a lack of understanding.  Geisler stated she was lucky to have a strong family support system when she was rescued, but not all victims have such support. Governmental and private support is essential for a successful return to normal life.

To learn more about victimization of this heinous crime and services that are available, visit DOJ’s Office of Justice Programs “Office for Victims of Crime” found at http://ovc.ncjrs.gov/humantrafficking/, and public service announcements:

http://www.dhs.gov/video/out-shadows-psa

http://ovc.ncjrs.gov/humantrafficking/publicawareness.html

Follow us on Twitter @USAO_NDIA.

After a detention hearing held yesterday, Ken Ngombwa, 56, from Cedar Rapids, Iowa, was ordered detained pending sentencing. 

Last week, Ngombwa was convicted of one count of unlawfully procuring or attempting to procure naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security.  The evidence at trial showed Ngombwa knowingly made several material false statements to procure entry into the United States as a refugee from Rwanda in 1998.  Notably, Ngombwa falsely claimed to be the brother of a former Prime Minister of Rwanda, who now lives in exile.

Evidence presented at the detention hearing revealed that Ngombwa is currently under indictment in Rwanda for allegedly committing crimes against humanity before he fled the country in 1994.  Evidence also showed that he would face sentences of 30 years’ imprisonment and life imprisonment on other prior judgments in Rwanda.  Following the presentation of evidence at the detention hearing, Chief United States District Court Judge Linda R. Reade found that Ngombwa had not shown by clear and convincing evidence that he was not a risk of flight.  Accordingly, Chief Judge Reade ordered Ngombwa be detained.

The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda.  A sentencing date will be set after a presentence report is prepared.  Ngombwa will remain in the custody of the United States Marshals Service until sentencing.  He faces a possible maximum sentence of 30 years’ imprisonment, a $1,000,000 fine, $400 in special assessments, and 12 years of supervised release following any imprisonment.  Ngombwa also faces loss of his citizenship in the United States.           

The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00123.                                                          

Follow us on Twitter @USAO_NDIA.    

CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa will join with Homeland Security Investigations (HSI), the Marion Police Department, Iowa DOT Motor Vehicle Enforcement, and Cedar Rapids Gives to hold a press conference on January 25th to discuss efforts to combat human trafficking and to assist victims touched by this crime.  President Barack Obama signed a Presidential Proclamation declaring January as National Slavery and Human Trafficking Prevention Month.

Speakers from each organization will comment on their efforts to combat this crime and to assist victims.  U.S. Department of Homeland Security’s Blue Campaign will also be discussed. To learn more about this campaign visit:  http://www.dhs.gov/blue-campaign.

Also present and speaking will be a victim-survivor of human trafficking.

 

Event Details

When:           Monday, January 25, 2016

Where:          Marion Police Department (Training Center), 6315 US-151, Marion, Iowa

Time:             10:30 a.m.

 

A press release will be provided and interview opportunities will be available following the press conference.

Follow us on Twitter @USAO_NDIA.

A man who injected a woman with heroin causing her to overdose was sentenced today to two years in federal prison.

Richard Roberts, age 37, from Cedar Rapids, Iowa, received the prison term after an October 7, 2015 guilty plea to distribution of heroin.

In a plea agreement, Roberts admitted that, in August 2015, he injected a woman with heroin, after which she lost consciousness.  Roberts called 911 to obtain medical assistance.  When paramedics arrived, she was unconscious with labored breathing and a weak pulse.  Emergency responders had to revive the woman with Narcan, an opiate antidote.  Roberts admitted that, without the medical intervention by emergency responders, the woman had a substantial risk of anoxic brain injury and death.

Roberts was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade, who called Roberts’s crime and “extremely reckless act.”  Roberts was sentenced to 24 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.

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

The case was investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.  The case was prosecuted by Assistant United States Attorney Dan Chatham. 

Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-79-LRR.

Follow us on Twitter @USAO_NDIA.

A former Iowa police officer, who is also a disbarred Iowa attorney, was sentenced yesterday to two years in federal prison.  Brian Loren Stowe, 43, from Waverly, Iowa, received the prison term after a September 30, 2015 guilty plea to the federal charge of dealing in counterfeit currency.

In 2013, the Iowa Supreme Court disbarred Stowe, once a partner at a Des Moines law firm, after he was convicted of felony forgery charges and received a deferred judgment for possession of methamphetamine in state court.  Prior to becoming an attorney, Stowe was a sworn law enforcement officer with the police department in Nevada, Iowa, and worked on a local drug task force.

In a plea agreement dated September 14, 2015, Stowe admitted that, in November 2014, he offered to sell an undercover officer $500 in counterfeit U.S. currency for $100.  Then, in February 2015, he accepted $250 for $900 in counterfeit currency.

At sentencing, Stowe admitted that, in fact, he manufactured the counterfeit currency.  And when dealing the counterfeit currency, Stowe explained he used a “formula” to “wash” or remove ink from genuine bills.  He also advised the undercover officer to put the counterfeit bills in a dryer with poker chips so that the bills would look wrinkled and worn.  He also told the undercover officer to spend the bills on small items at fast food restaurants where teenagers work, because they are less likely to detect counterfeit bills.

During the sentencing hearing, the district judge found that Stowe intentionally misled a federal magistrate judge about the status of his law license.  While discussing whether he might represent himself in these federal proceedings, he told the magistrate judge his law license was “expired” when, in truth, it had been revoked by the Iowa Supreme Court in 2013.  In the written decision revoking Stowe’s license, the Iowa Supreme Court detailed his ethical failings and characterized Stowe’s “life story” as one that “mirrors that of Dr. Jekyll and Mr. Hyde.”

Also at sentencing, the district court determined that Stowe had made a series of telephone calls from jail shortly after his arrest on the federal counterfeiting charge, in which Stowe demonstrated he was a “master manipulator” of his father, mother, and girlfriend by “grooming” them on what to say at an upcoming federal hearing. The district court indicated the jail calls proved Stowe’s “criminal thinking” and “substance abuse” “to the max”.

Stowe was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Stowe was sentenced to 24 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 prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the United States Secret Service, the Iowa Department of Public Safety, Divisions of Narcotics Enforcement and Criminal Investigation, the Waterloo Police Department, the Palo Alto County Sheriff’s Office, the Linn County Sheriff’s Office, and the United States Department of State, Diplomatic Security Service. 

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

The case file number is 15-CR-2034-LRR.

Follow us on Twitter @USAO_NDIA.

A man who unlawfully possessed a shotgun was sentenced today in federal court in Cedar Rapids.  Matthew Robbins, age 42, from Ely, Iowa, received the prison term after a January 22, 2016, guilty plea to one count of being a felon and unlawful drug user in possession of a firearm. 

In a plea agreement, Robbins admitted that in 2014 he was an unlawful user of controlled substances, including methamphetamine, and had previously been convicted of eight felony offenses, namely:

1. Conspiracy to Commit Robbery in the Second Degree (Sept. 6, 1991);

2. Burglary in the Third Degree (Feb. 10, 1995);

3. Dominion and Control of a Firearm as a Felon (Feb. 10, 1995);

4. Operating While Intoxicated, Third Offense (Mar. 1, 1995);

5. Possession with Intent to Deliver a Controlled Substance (Dec. 4, 1998);

6. Operating While Intoxicated, Third Offense (Aug. 29, 2007);

7. Attempt to Elude (Aug. 29, 2007); and

8. Operating While Intoxicated, Third Offense (April 4, 2013).

Robbins admitted that, in about the Spring of 2014, he took possession of an Iver Johnson, 12 gauge shotgun.  The shotgun had been left at his residence near Ely, Iowa, by another person.  Robbins later had a friend store the shotgun at the friend’s residence for safekeeping. 

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

Robbins 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 C.J. Williams and Special Assistant United States Attorney Erin Eldridge.  The case was investigated by the Marion Police Department, Linn County Sheriff’s Office, Iowa Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-129-LRR.

Follow us on Twitter @USAO_NDIA.

A man who possessed a loaded handgun in July 2015, then used a different handgun to rob a pizza delivery driver later the same year, was sentenced yesterday to more than six years in federal prison.  Treshawn Smith, age 19, from Cedar Rapids, Iowa, received the prison term after an August 31, 2015 guilty plea to one count of being an unlawful drug user in possession of a firearm.

In a plea agreement, Smith admitted he was an unlawful user of marijuana in 2015.  On July 10, 2015, officers encountered Smith on the southwest side of Cedar Rapids.  The officers saw Smith throw an object on the ground and when they investigated, they discovered it was a loaded .38 caliber handgun.  Smith admitted having handled the firearm. At his sentencing hearing on January 21, 2016, the government presented evidence that on December 16, 2015, Smith used another handgun to rob a pizza delivery driver.  When the driver and his companion attempted to follow him, Smith turned and fired one shot at them. 

Smith was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Smith was sentenced to 81 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.  Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Cedar Rapids Police Department and the FBI Safe Streets Task Force.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 15-CR-0081-LRR.

Follow us on Twitter @USAO_NDIA.

A woman who used her position as the city clerk for the City of Garwin to steal public funds pled guilty today in federal court in Cedar Rapids.

Anna Leytham from Garwin, Iowa, was convicted of Theft Concerning a Program Receiving Public Funds. 

In a plea agreement, Leytham admitted that she held a position of public trust as the city clerk and that her position of trust contributed significantly to the commission and concealment of her crime.  By using city funds to pay her personal credit cards or by causing the city to issue her unauthorized checks, Leytham admitted to stealing at least $70,000 from January 2001 to October 2013.   

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Leytham remains free on bond previously set.  She faces a possible maximum sentence of 10 years’ imprisonment; a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; $100 in special assessments, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the Federal Bureau of Investigation. 

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

The case file number is 16-CR-7.

Follow us on Twitter @USAO_NDIA.

 

A man who immigrated to the United States from Rwanda as a refugee in 1998, who was charged with having obtained his citizenship by fraud, was convicted by a jury today after a four-day trial in federal court in Cedar Rapids, Iowa.         

Ken Ngombwa, 56, from Cedar Rapids, Iowa, was convicted of one count of unlawfully procuring or attempting to procure naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security.  

The evidence at trial showed Ngombwa knowingly made several material false statements to procure entry into the United States as a refugee from Rwanda in 1998.  Notably, Ngombwa falsely claimed to be the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda, who lives in exile in Belgium. 

The case was referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda.

Ngombwa was ordered detained without bond following return of the verdict today.  A detention hearing before Chief United States District Court Judge Linda R. Reade has been set for Wednesday, January 20, 2016, at 1:30 p.m. in federal court in Cedar Rapids.

A sentencing date will be set after a presentence report is prepared. 

If convicted on all counts, Ngombwa faces a possible maximum sentence of 30 years’ imprisonment, a $1,000,000 fine, $400 in special assessments, and 12 years of supervised release following any imprisonment.­  Ngombwa also faces loss of his citizenship in the United States.

The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi Narayan, and was investigated by Homeland Security Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00123.

A man who was responsible for distributing ice methamphetamine and tampering with witnesses was sentenced today to more than 20 years in federal prison.

Troy Lawrence, 54, 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 involved in a drug trafficking organization responsible for distributing significant quantities of ice methamphetamine, a highly pure, crystalized form of methamphetamine, in Eastern Iowa.  The organization, headed by Lawrence’s brother, Martin Lawrence, obtained ice methamphetamine from a source of supply located in Omaha, Nebraska.  Investigators learned of the organization after Martin Lawrence’s step-son brought a stuffed animal containing methamphetamine to his elementary school. 

Lawrence obtained ounce quantities of methamphetamine from his brother and distributed it to a network of customers in multiple gram quantities.  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, Martin 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.  Sentencing for Martin Lawrence will take place on a later date.

Lawrence was sentenced in Cedar Rapids by United States District Court Senior Judge Mark W. Bennett.  Lawrence was sentenced to 262 months’ imprisonment.  A special assessment of $300 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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.

Follow us on Twitter @USAO_NDIA.

A former Iowa resident, who made a series of fraudulent omissions in his Chapter 7 bankruptcy case, was sentenced last week to one year in federal prison.

Branden Patten, 40, of Colorado Springs, CO, formerly of Toddville, Iowa, received the prison term after a September 23, 2015, guilty plea to one count of making a false declaration in a bankruptcy proceeding.

In a plea agreement, Patten admitted that, in 2012, he was the owner and sole stockholder of a number of local companies, including National Glass, BLP (doing business as Apple Creek Carpet Care), and Patten Property Management.  On August 15, 2012, after Patten and his companies experienced financial difficulties, a lender cut off his line of credit.  Patten then filed a voluntary Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Northern District of Iowa.

In Patten’s bankruptcy filings, which were made under penalty of perjury, he knowingly failed to disclose that, in the two weeks preceding his bankruptcy filing, he had signatory authority over three bank accounts that were opened for his son’s newly formed corporations.  Patten also failed to disclose he had transferred two vans equipped with carpet cleaning equipment to his son.  Finally, Patten failed to disclose a new corporation he had formed in June 2012 called “Mission Slimpossible, LLC”, a boat lift he had purchased, a $1,000 deposit to a Canadian resort, and a lease interest in a BMW.

As a part of his plea agreement, Patten admitted in 2009 he had drawn down $50,000 on his line of credit and purchased a 26-foot boat and trailer that was titled in his own name.  In his bankruptcy petition, which was later denied, Patten unsuccessfully tried to claim the boat as his exempt homestead in an attempt to shield the boat from his creditors.

Patten was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Patten was sentenced to twelve months’ imprisonment and fined $3,000.  A special assessment of $100 was imposed, and he was ordered to repay the Federal Public Defender $3,300.  Patten must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Patten was released on the bond previously set and is to surrender to the United States Marshal in Denver, Colorado, later this month.

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the United States Department of Justice, Office of the United States Trustee, and the United States Postal Inspection Service. 

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

The case file number is 15-CR-74-LRR.  Patten’s bankruptcy filings are available in Case Number 12-01538.

Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IA – The Cedar Rapids Police Department hosted a summit this morning with area law enforcement leaders to discuss gun violence and other crime issues that have impacted various communities throughout the state of Iowa.

The summit was an opportunity for department leaders and members of their law enforcement agencies to collaborate, share intelligence information, and discuss methods to promote safe and secure communities.

The summit, which was held this morning at the Cedar Rapids Police Department, included Cedar Rapids Police Chief Wayne Jerman, United States Attorney for the Northern District of Iowa Kevin W. Techau, Ames Police Chief Charles Cychosz, Davenport Police Chief Paul Sikorski, Dubuque Police Chief Mark Dalsing, Fayette Police Chief Richard Pisanti, Iowa City Police Chief Sam Hargadine, and Waterloo Director of Public Safety Daniel Trelka.

Follow us on Twitter @USAO_NDIA.

 

 

A man who conspired to distribute methamphetamine was convicted on January 8, 2016, after a two-day jury trial in federal court in Sioux City.

Alberto Sanchez, 46, from Sioux City, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and two counts of distribution of methamphetamine.  The verdict was returned January 8, 2016, following about three hours of jury deliberations.

The evidence at trial showed that from 2014 through June 2015, Sanchez was involved in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine in the Sioux City, Iowa area.  Evidence at trial also showed that on March 30, 2015, and April 10, 2015, Sanchez distributed 83.4 grams and 51.1 grams of actual (pure) methamphetamine, respectively, to an individual cooperating with law enforcement.  Further evidence at trial showed Sanchez utilized a minor to distribute methamphetamine for him.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  Sanchez remains in custody of the United States Marshal pending sentencing.  On the conspiracy conviction Sanchez faces a mandatory minimum sentence of 10 years’ imprisonment and a maximum sentence of life imprisonment, a $10,000,000 fine, a $100 special assessment, and at least five years of supervised release following any imprisonment.  On each distribution conviction, Sanchez faces a mandatory minimum sentence of 5 years’ imprisonment, a maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, a $100 special assessment, and at least four years of supervised release following any term of imprisonment.

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

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

The case file number is 15-4037.    Follow us on Twitter @USAO_NDIA.

A man who had pledged assets as collateral for a United States Department of Agriculture farm operating loan and then sold those assets without notifying the Department he was doing so, was sentenced today to five years’ probation.

Andrew Hansen, age 36, from Decorah, Iowa, received the sentence after a guilty plea to one count of conversion of property pledged to a farm credit agency.

In a plea agreement, Hansen admitted that he pledged assets, including farm equipment and dairy goats, as security on Farm Services Agency loans he procured to operate a dairy goat farm in northeast Iowa.  Hansen further admitted that, in August 2013, without notifying the Farm Services Agency, he sold goats that he had pledged as security on the loans and then used the proceeds from the sale for his own purposes rather than to pay off the farm loans.  He also admitted to selling various pieces of farm equipment that he had also pledged as security on the loans.    

Hansen was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to five years’ probation and 50 hours of community service.  A special assessment of $100 was imposed and he was ordered to make $35,650 in restitution to the Farm Service Agency.  Because Hansen was convicted of a felony offense, he can no longer legally possess firearms or ammunition. 

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

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 15-CR-2039.

Follow us on Twitter @USAO_NDIA.

Robert M. Hertz, age 52, of Cedar Rapids, Iowa, was sentenced in United States District Court in Cedar Rapids today, after pleaded guilty to one count of possessing a firearm and ammunition as a felon. 

In an Indictment filed on June 11, 2015, Hertz was charged with possessing a .40 caliber rifle and 237 rounds of ammunition in May 2015, after he had previously been convicted of three felonies, namely, Arson, Second Degree Burglary, and Manufacturing Methamphetamine.  Hertz pled guilty to that charge on July 22, 2015.

Today, Chief United States District Court Judge Linda R. Reade sentenced Hertz to serve 188 months in federal prison, to be followed by a five-year term of supervised release. 

Evidence presented at the sentencing hearing showed that Hertz attempted to obstruct justice by trying to influence a witness to conceal information from the FBI about Hertz’s use and possession of guns.  Other evidence presented showed Hertz possessed three guns and numerous ammunition magazines.  Hertz was also shown to have made a number of concerning posts on his Facebook accounts including describing how he had: made a promise to kill another person for a friend, and remained committed to that promise, if called upon; offered to kill a woman and “bury her deep;” and on another occasion “burned the house down” around his unfaithful wife and brother-in-law.  Hertz referred to himself on Facebook as a “professional convict” stating, “I used to say there’s one thing I do well and that’s time . . . I do it real good . . . and I am known for it out there.”

In sentencing Hertz, Judge Reade noted that Hertz’s Facebook messages reflect his “criminal thinking” and were very concerning, and although he had no recent criminal convictions, his “head is still not on straight.”

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations; Alcohol, Tobacco and Firearms; and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-00053.

Follow us on Twitter @USAO_NDIA.

A Waterloo man who possessed a firearm as a felon and possessed crack cocaine with the intent to distribute it was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.

Marchello Rembert, 32, from Waterloo, Iowa, was convicted of being a felon in possession of a firearm and possessing crack cocaine with the intent to distribute.  The verdict was returned this morning following about two hours of jury deliberations.

The evidence at trial showed that on June 4, 2015, Rembert was at the 200 block of Cottage Street on the East Side of Waterloo, when police placed him under arrest on an active state arrest warrant.  During a pat-down search, police located 15 baggies of crack cocaine in Rembert’s front pocket.  Further investigation that evening revealed a loaded 9mm Ruger pistol in Rembert’s girlfriend’s vehicle.  During analysis of the firearm, police located Rembert’s left index fingerprint on the left side of the firearm near the trigger guard area.  Rembert was a felon, having previously been convicted of felony drug crimes, as well as felony theft and fraud offenses.  

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Rembert remains in custody of the United States Marshal pending sentencing.  Rembert faces a possible maximum sentence of 30 years’ imprisonment, a $1,250,000 fine, $200 in special assessments, and at least three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Waterloo Police Department, which was assisted by the Federal Bureau of Investigation, Federal Task Force, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, Bureau of Alcohol Tabaco and Firearms, Drug Enforcement Administration, and Iowa Division of Narcotics Enforcement. 

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

The case file number is 15-CR-2038.

Follow us on Twitter @USAO_NDIA.

A man who received child pornography pled guilty on January 5, 2016, in federal court in Cedar Rapids.

Robert Turner, age 34, from Reinbeck, Iowa, formerly from Cedar Falls, was convicted of one count of receipt of child pornography.  At the plea hearing, Turner admitted that, between 2001 and 2013, he knowingly used the Internet to receive child pornography.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Turner remains in custody of the United States Marshal pending sentencing.  Turner 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 Cedar Falls Police Department and the Iowa Division of Criminal Investigation.

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

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

Follow us on Twitter @USAO_NDIA.

A Delaware County, Iowa, man was sentenced on December 31, 2015, after having pled guilty in federal court in Cedar Rapids to one count of harboring, encouraging, and inducing an alien to reside in the United States for the purpose of commercial advantage or personal financial gain.

Michael Thomas Millenkamp, age 47, of rural Earlville, Iowa, owner and operator of Mike Millenkamp Dairy Cattle (MMDC), was sentenced to serve three months in the custody of the United States Bureau of Prisons.  He was also ordered to pay a fine of $5,000 and to forfeit $245,000 to the United States.  Millenkamp will serve a term of 3 years supervised release following completion of his sentence to imprisonment. 

As part of the conditions of supervised release, Millenkamp will be required to complete Immigration Forms I-9 for all of his employees and to maintain copies of all identification documents provided for purposes of employment. Millenkamp will also be required to make at least two presentations at annual conventions sponsored by the Iowa Cattle Industry, Iowa Cattlemen’s Association, Iowa Farm Bureau, Iowa Farmers Union, or similar groups of statewide membership concerning his case.  If he is unable to arrange such presentations, Millenkamp will be permitted to submit letters to the editor or guest editorials to newspapers concerning his case.  Millenkamp also agreed to retain the services of a technical service provider to assess and audit any environmental concerns with his animal feeding operations and to ensure ongoing compliance with State of Iowa Water Quality Standards.  If the environmental assessment indicates deficiencies in Millenkamp’s operations, he will be required to remediate those problems.  Finally, Millenkamp agreed to participate in a government program that will help verify the validity of identity documents provided for employment.

In a plea agreement, Millenkamp admitted that between 2007 and 2011, he employed numerous illegal aliens at his business near Earlville.  Some of the illegal alien employees were permitted to reside at one or more farms owned by him.  Millenkamp admitted he told one illegal alien:

“these people I know, they’re my friends, and they’re like, Mike why are you hiring people that are illegal?  Why are you hiring people illegal Mike?  I said, I don’t know.  But I knew I had to lie, I had to lie.” 

In statements to the Court at sentencing, the prosecutor noted Millenkamp acknowledged at least five workers he had employed were illegally in the country.  However, records showed at least 16 other foreign born workers had documents with invalid identification numbers or belonging to another person.

When imposing sentence, Chief United States District Court Judge Linda R. Reade noted defendant’s prior criminal record, including two OWI convictions and 19 speeding tickets.  The Court also noted it was important to hold employers accountable for compliance with the laws regarding employment eligibility verification.

United States Attorney Kevin W. Techau stated, “I hope Iowa business owners are listening. You can go to prison for knowingly employing undocumented workers. Violating federal law is not a good business strategy.  We are committed to preserving the rule of law.  Employers that seek to gain an unfair business advantage over their competitors by using illegal workers should take note of this sentence.  Investigations like this one are an essential part of our enforcement strategy.”

Techau went on to note, “We remain resolute in our responsibility to hold employers accountable for their actions and to give law-abiding businesses a fair chance to compete.  As an agricultural businessman, Mr. Millenkamp’s “lesson learned” presentations to the Iowa Cattle Industry and Iowa Farm Bureau members about his crimes, as well as the requirement that his animal feeding operations be monitored to ensure compliance with State of Iowa Water Quality Standards, are a significant component of his sentence.”  

Recognizing the diligent investigative efforts, U.S. Attorney Techau concluded by stating, “I would like to thank our partners at Home land Security Investigations for their hard work on this important investigation.”

The case was being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-02031-LRR.

Follow us on Twitter @USAO_NDIA.

A Waterloo man who conspired to distribute large quantities of methamphetamine and was a felon in possession of a firearm was sentenced last Thursday to more than 23 years in federal prison.

Derrick Plunkett, 37, from Waterloo, Iowa, received the prison term after an August 26, 2015, guilty plea to one count of conspiracy to distribute 500 grams or more of methamphetamine with a prior felony drug conviction and one count of possession of a firearm with three or more felony convictions for violent or serious drug crimes.

At the plea hearing, Plunkett admitted that he worked with others to distribute well more than 500 grams of methamphetamine in the Waterloo, Iowa, area between the spring of 2013 and May 2015.  Plunkett admitted that on April 7, 2015, he was in possession of a Glock firearm and had previously been convicted of at least three felony offenses, specifically: Robbery-Second Degree and two separate cases of possession with intent to deliver methamphetamine.

Plunkett was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Plunkett was sentenced to 282 months’ imprisonment.  A special assessment of $200 was imposed, and he must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

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

The case file number is CR 15-2035.

Follow us on Twitter @USAO_NDIA.

Kevin W. Techau, United States Attorney for the Northern District of Iowa, announced that the former Superintendent at the Effigy Mounds National Monument, Thomas A. Munson, age 76, from Prairie du Chien, Wisconsin, pled guilty this afternoon in federal court to one count of stealing human remains from Effigy Mounds National Monument.

The facts admitted at the plea hearing, and set forth in the plea agreement revealed that on about July 16, 1990, Munson voluntarily, intentionally and knowingly removed prehistoric skeletal human remains from the Effigy Mounds National Monument collection.  He carried a box of human remains from the curatorial facility to his car, and directed a subordinate to do the same.  Munson then drove the stolen items to his home in Wisconsin where he concealed them for more than twenty years.  When the boxes were finally recovered, investigators discovered that several of the human bones were broken or fragmented beyond recognition.

As a direct result of Munson's crime, the National Park Service has spent $83,905 in restoration and repair costs and will spend at least another $25,000.  Munson is responsible for at least $108,905 in restitution to the National Park Service.

Munson was an employee of the National Park Service from July of 1964 to May 1994.  He served as Superintendent at Effigy Mounds National Monument from February 1971, until his retirement in May of 1994.  At all times during his employment, Munson was entrusted with preserving and protecting the sacred site.

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

The guilty plea proceedings were held before United States Chief Magistrate Judge Jon S. Scoles.  Sentencing will also be held before Judge Scoles. The date for sentencing will be set after a presentence report has been prepared. Munson remains on pretrial release pending sentencing.

Munson faces a possible maximum sentence of one year’s imprisonment, a $100,000 fine, $25 in special assessments, and one year of supervised release following any imprisonment.

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

The following Tribes affiliate themselves with Effigy Mounds National Monument:

Crow Creek Sioux Tribe

Flandeau Santee Sioux

Ho-Chunk Nation

Iowa Tribe of Kansas & Nebraska

Iowa Tribe of Oklahoma

Lower Sioux Indian Community

Omaha Nation

Otoe-Missouria Tribe

Ponca Tribe of Nebraska

Prairie Island Indian Community

Sac and Fox Nation of Missouri in Kansas and Nebraska

Sac and Fox Nation of Oklahoma

Sac and Fox Tribe of the Mississippi in Iowa

Santee Sioux Nation

Shakopee Mdewakanton Sioux Community of Minnesota

Sisseton Wahpeton Oyate Tribe

Standing Rock Sioux Tribe

Upper Sioux Indian Community

Winnebago Tribe of Nebraska and

Yankton Sioux Tribe

The case was investigated by the National Park Service and is being prosecuted by Assistant United States Attorney Forde Fairchild. 

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

The case file number is CR15-1030.

Follow us on Twitter @USAO_NDIA.

An admitted marijuana user who possessed a firearm and ammunition on the streets of Cedar Rapids was sentenced last week to 57 months in federal prison.  Marcus Alexander Thomas, age 22, from Cedar Rapids, Iowa, received the prison term after an August 4, 2015, guilty plea.

At his plea hearing, Thomas admitted to possessing a Smith & Wesson 9mm semi-automatic handgun loaded with 9mm caliber Luger ammunition on March 16, 2015.  He also admitted to be a marijuana user.  The weapon was found in the trunk of the car Thomas was driving.  He had been stopped by Cedar Rapids police for being suspected of prowling homes.  Then, on May 21, 2015, police officers responded to a report of “shots fired.”  Thomas was observed fleeing the area and seen throwing another firearm over a fence.  One shot hit the windshield of a car.  At his sentencing hearing, Thomas admitted he possessed and discharged this second firearm, which was stolen. 

Thomas was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Thomas was sentenced to 57 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 prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Cedar Rapids Police Department and the Federal Bureau of Investigation.  The case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.

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

The case file numbers are 15-CR-56-LRR and 15-MJ-188-JSS.

Follow us on Twitter @USAO_NDIA.

A man who unlawfully possessed a loaded handgun in April 2015 was sentenced on December 31, 2015, to seven years in federal prison.

Darius Devon Flowers, age 26, from Cedar Rapids, received the prison term after a September 4, 2015, guilty plea to being a felon and domestic abuser in possession of a firearm and ammunition.

At the guilty plea hearing, Flowers admitted that prior to possessing the loaded handgun in April 2015, he had previously been convicted of two felony offenses and two misdemeanor domestic abuse offenses. Prior public filings show that on April 22, 2015, Cedar Rapids police was dispatched to a call of a male in possession of a firearm.  A witness at the scene reported Flowers, who appeared to be intoxicated, displaying a firearm while informing a female to call him if she needed him to “handle anything.”  The female called the Cedar Rapids Police Department and provided a description of the vehicle in which Flowers was a passenger.  Cedar Rapids Police found the vehicle shortly thereafter, and found the loaded handgun underneath Flowers’s seat.

Flowers was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Flowers was sentenced to 84 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was investigated by the Cedar Rapids Safe Street Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Immigration and Customs Enforcement; United States Marshals Service; Iowa Division of Criminal Investigation; Cedar Rapids Police Department; Marion Police Department; Sixth Judicial District Department of Correctional Services; Linn County Sheriff’s Office; and Iowa Department of Inspections and Appeals.  The case is being prosecuted by Assistant United States Attorney Dan Chatham.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are 15-CR-0068-LRR and 15-MJ-00189.

Follow us on Twitter @USAO_NDIA.

Two men who downloaded and possessed child pornography were sentenced to federal prison on December 31, 2015.

Frank Martinez, age 50, from Cedar Falls, Iowa, received a sentence of over 10 years’ imprisonment after an August 10, 2015 guilty plea to one count of receipt of child pornography.  His husband Donald Wall, age 51, from Cedar Falls, received a sentence of over 6 years’ imprisonment after an August 21, 2015 guilty plea to one count of possession of child pornography.  Information presented at the sentencing hearings showed that both defendants used the Internet to download child pornography.

Both defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Martinez was sentenced to 121 months’ imprisonment, he was fined $10,000, a special assessment of $100 was imposed, and he was ordered to make $2,500 in restitution.  Wall was sentenced to 78 months’ imprisonment, he was fined $10,000, and a special assessment of $100 was imposed.  Each defendant must serve a 10-year term of supervised release and must comply with all sex offender registration and public notification requirements. 

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Federal Bureau of Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 15-2022.

Follow us on Twitter @USAO_NDIA.

A man who was found in possession of a handgun in relation to a shooting was sentenced today to more than four years in federal prison.

Dameon Harris, age 23, from Waterloo, Iowa, was convicted of being a felon and unlawful drug user in possession of a firearm.  In a plea agreement, Harris admitted that on April 7, 2015, he was outside his girlfriend’s apartment complex when someone in a white vehicle drove by and shot at him.  Defendant was, at the time, armed with a .22 caliber Mossberg firearm.  Before the police arrived to investigate the shooting, Harris tried to hide his firearm in his girlfriend’s apartment.  At the time Harris possessed the firearm, he was an unlawful user of marijuana.  Harris had previously been convicted in 2013 of the felony offense of Aggravated Unlawful Use of a Weapon in Chicago, Illinois. 

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

Harris 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 C.J. Williams and investigated by Waterloo Police Department. 

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

The case file number is 15-cr-2016-LRR.

Follow us on Twitter @USAO_NDIA.

 

A man who illegally possessed a firearm was sentenced December 22, 2015, to more than two years in federal prison.

Tayoune Herron, 35, from Fort Dodge, Iowa, received the prison term after an August 28, 2015, guilty plea to possession of a firearm by a felon.  Herron was previously convicted of receiving stolen property and conspiracy, in the Court of Common Pleas of Bucks County, Pennsylvania, on or about July 18, 2001.

At the guilty plea, Herron admitted that from about May 2014 through about August 2014, he possessed a Hi-Point 9mm pistol.  Herron admitted he had obtained the firearm from convicted felon William Rees. Rees had asked Jacob Jamison to purchase two Hi-Point 9mm handguns for him, as Rees was unable to purchase or possess firearms since he was a felon.  Rees in turn gave one of those firearms to Herron.

Herron was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Herron was sentenced to 30 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.  Herron 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 Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Webster County Sheriff’s Office, Pocahontas Police Department, Pocahontas Sheriff’s Office, and Calhoun County Sheriff’s Office. 

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

The case file number is 15-3025.

Follow us on Twitter @USAO_NDIA.

A former Anamosa Penitentiary Correctional Officer who possessed firearms while he was an unlawful drug user was sentenced yesterday to 17 months in federal prison.

Ethan Darrow, age 29, from Anamosa, Iowa, received the prison term after a guilty plea to one count of being an unlawful drug user in possession of a firearm.  In a plea agreement, Darrow admitted that while employed as a Correctional Officer at the Anamosa Penitentiary between 2012 and 2015, he was assigned tower guard duty from time to time.  When serving tower guard duty, he was issued semi-automatic assault rifle.  He served guard tower duty on more than fifty times during 2014.  Darrow admitted that during 2014, he was a regular, unlawful user of marijuana and cocaine.

Darrow was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Darrow was sentenced to 17 months’ imprisonment and fined $5,000.  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.

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

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Anamosa State Penitentiary, the Iowa Department of Corrections, the Iowa Department of Criminal Investigations, and the Federal Bureau of Investigations. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 15-cr-90-LRR.

Follow us on Twitter @USAO_NDIA.