Northern District of Iowa

Adam Haacke, age 26, of Riceville, Iowa, has been charged with one count of receipt of child pornography and two counts of possession of child pornography.  The charges are contained in an Indictment unsealed on August 3, 2015, in United States District Court in Cedar Rapids.

The Indictment alleges that, between 2014 and May 2015, Haacke received and possessed child pornography.

If convicted, Haacke faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of sixty 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.

Haacke appeared for a detention hearing on June 5, 2015, in federal court in Cedar Rapids and was released on bond.  Haacke’s next appearance for trial is set for October 5, 2015.

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 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.

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CEDAR RAPIDS, IOWA – This week Assistant United States Patrick J. Reinert, 54, from Cedar Rapids, Iowa, was confirmed by the United States Senate to be promoted in the Army Reserve to the rank of Major General.

Later this year after his formal promotion, Major General Reinert will assume command of the 88th Regional Support Command headquartered at Fort McCoy, Wisconsin. The Command provides services and base operations support to all Army Reserve soldiers, families and civilians serving across 19 states in the northern U.S. from the Ohio River Valley to the Pacific Coast.

United States Attorney Kevin Techau stated, “The Department of Justice, and in particular, the Northern District of Iowa United States Attorney's Office, is very proud of General Reinert.  Pat is a tremendous individual. This promotion is a great honor for both him and his family. The 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA) is a great way for our country to maximize service to our country through military service.”

In previous military assignments Reinert has deployed twice and has served as a Military Judge, Commander of the U.S. Army Reserve Legal Command, Commanding General of the Rule of Law Field Force, and later the Joint InterAgency Task Force 435, both assignments in Afghanistan.  

In his civilian capacity, Reinert is the lead Organized Crime Drug Enforcement Task Force Attorney for the United States Attorney’s Office in Cedar Rapids, and has been with the United States Attorney’s Office for over 25 years.

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A Delaware County, Iowa, man pled guilty today in federal court in Cedar Rapids to one count of harboring, encouraging, and inducing an alien to reside in the United States in violation of law, for the purpose of commercial advantage or personal financial gain.

Michael Thomas Millenkamp, 47, of rural Earlville, Iowa, was convicted of one count of harboring, encouraging, and inducing an alien to reside unlawfully in the United States.

In a plea agreement filed at the time of the plea hearing, Millenkamp admitted that between 2007 and 2011, he employed several illegal aliens at his business, Mike Millenkamp Dairy Cattle, near Earlville.  Some of the illegal alien employees were permitted to reside at one or more farms owned by Millenkamp.  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.”

As part of the plea agreement, Millenkamp is required to engage in ongoing compliance with the employment eligibility verification laws, and to obtain a certification that his animal feeding operations are in compliance with Iowa’s water quality standards.  If the environmental assessment indicates deficiencies in Millenkamp’s operations, Millenkamp will be required to remediate those problems.

Millenkamp also agreed as part of his plea agreement to pay a total financial sanction of $250,000 to the United States, and to make at least two public presentations to statewide farm groups to bring awareness to his case.

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

The case is 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.

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DUBUQUE, IOWA – Seven United States Attorneys’ Offices joined together in a multi-state conference with the Iowa Organization for Victim Assistance to host a three day conference in Dubuque beginning today.  Over 100 victim service professionals and law enforcement officers are participating in the summit, which focuses on “excellence in victim services.”

The Iowa Organization for Victim Assistance (IOVA) was established in 1983 for the purpose of educating Iowans regarding victim rights issues.  It is comprised of survivors of crime, witnesses, victim advocates, concerned citizens and related agencies and organizations.

United States Attorney for the Northern District of Iowa, Kevin W. Techau, made opening remarks at the conference.  He noted that, “The conference brings in the best and the brightest national speakers who provide cutting edge information and research relating to the best practices for responding to victims of crime.”

During the conference, IOVA kicked-off its new awareness campaign, “Don’t be a bystander, blow the whistle on Crime!”  IOVA President Karl Schilling said, “The idea behind this campaign was to encourage people to help one another yet still be safe.  Whistles are a great way to protect one’s self and to draw attention to get help.”

The inspiring stories of two victim surveyors highlight the conference during the opening and closing programs.

Keynote speaker Kevin Mulcahy recounted how he survived childhood sexual abuse at the hands of his youth soccer coach.  Now, an Assistant United States Attorney working in the Eastern District of Michigan, he prosecutes childexploitation cases.  Mulcahy’s personal experience provided a straightforward, firsthand account of the importance and value of the services provided to victims.

The conference will close with another inspiring life story of resilience and redemption.  As a child, Derek Clark will detail how he suffered unthinkable child abuse, abandonment, and emotional distress.  He was labeled and misdiagnosed as mentally handicapped.  Clark will tell how he defied the artificial limitations imposed on him to become a successful businessman and motivational speaker.

Over the two and one half day conference, attendees receive training and information on a variety of continuing and emerging victim issues to equip them to better serve crime victims.  Among the scheduled sessions are workshops on assisting drug endangered children; domestic violence; prescription drug abuse; violence against children; human trafficking; working with people in crisis; victim-offender dialogue; and victim compensation.

Those interested in learning more about the Iowa Organization for Victim Assistance can access more information at http://www.iowaiova.com/.

The media was invited to attend the presentation made by the two survivors.

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CEDAR RAPIDS, IOWA – Tuesday, August 4th United States Attorney Kevin Techau and office staff will join law enforcement and community leaders as part of the annual National Night Out crime and drug prevention campaign.

National Night Out is designed to heighten crime and drug prevention awareness, generate support for and participation in local anti-crime efforts, strengthen neighborhood spirit and police-community partnerships, and send a message to criminals letting them know neighborhoods are organized and fighting back.  National Night Out organizers are expecting over 16,000 communities and 37 million people nationwide to take part in community events on Tuesday.

“National Night Out is a perfect opportunity for neighbors to join with their law enforcement and community partners to demonstrate that crime does not rule the night and that criminals have no safe haven when the sun goes down. I look forward to joining my colleagues on Tuesday to help continue to spread the important message that we are all in this together,” said U.S. Attorney Techau.

Assistant United States Attorneys will be joining community leaders and law enforcement across the Northern District of Iowa in Sioux City, Cedar Rapids, and Marion.

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

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Dubuque, Iowa – The “Excellence in Victim Services” conference co-sponsored by seven U.S. Attorneys’ Office and the Iowa Organization for Victim Services starts on Wednesday.  U.S. Attorney Kevin W. Techau will join the conference and make some opening remarks.

The conference’s keynote speaker is an Assistant U.S. Attorney from Michigan, himself a victim of childhood sexual abuse at the hands of a youth soccer coach.  During the plenary session on the last day of the conference, another survivor of childhood abuse will relay his story of resilience and redemption as he overcame severe hardships to become a successful businessman and motivational speaker.

The media is invited to attend the opening and plenary sessions.

Event Details

When:  Wednesday - Friday, August 5th – 7th, 2015.

Where:  Grand River Center, 500 Bell St, Dubuque, Iowa.

Time: Opening Session & Keynote: August 5th, 10:00 a.m. - Noon;                  

Plenary Session & Speaker: August 7th, 10:15 – 11:45 a.m.

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A man who imported pseudoephedrine from Canada to manufacture methamphetamine was sentenced on August 3, 2015, to more than 12 years in federal prison.

Roger Hettinger, age 42, from Manchester, Iowa, received the prison term after a May 19, 2015, guilty plea to importation of pseudoephedrine, possession of illegal silencers and possession of pseudoephedrine with the intent to manufacture methamphetamine.

At the guilty plea, Hettinger admitted he, along with others, obtained pseudoephedrine from local sources and from Canada to use in manufacturing methamphetamine at his residence and elsewhere.  Searches of Hettinger’s Manchester home in January 2015 by the Delaware County Sheriff’s Office revealed a methamphetamine manufacturing operation, 19 firearms and four homemade silencers.

Hettinger was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Hettinger was sentenced to 150 months’ imprisonment.  A special assessment of $300 was imposed, and he must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Hettinger 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 Patrick J. Reinert and investigated by the Delaware County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, 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 15-2004.

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A four time felon who made threats by pointing a loaded shotgun at another and then discharging it in that person’s presence was sentenced today to just short of four years in federal prison.

Dennis Lee Kaplan, age 41, from Shellsburg, Iowa, received the prison term after a January 15, 2015, guilty plea to a single count Indictment charging him with being a felon in possession of a firearm.

At the guilty plea, Kaplan admitted that on August 21, 2014, he pointed a loaded shotgun at his girlfriend. He also pointed it at himself then discharged a single shell outside the door of their residence.  The court noted the many aggravating risk factors in this case including placing not only himself but others at risk.

Kaplan was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Kaplan was sentenced to 46 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.

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

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

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14 CR 00125.

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An Iowa Falls man was ordered detained without bond yesterday in federal court in Cedar Rapids, pending further proceedings in his criminal case.

Andre Michael Lafontaine, III, 35, from Iowa Falls, Iowa, was charged in a criminal complaint filed last week in United States District Court in Cedar Rapids, with transmitting in interstate commerce, a threat to injure another person.  According to the criminal complaint, Lafontaine left a voice mail message with the Department of Justice in Washington, D.C., expressing his dissatisfaction with the lack of action on previous complaints made by Lafontaine to the FBI and, threatening, that if the complaints were “not satisfied or investigated properly, these judges in Eldora are gonna get their (expletive deleted) throats cut . . .”

At a detention hearing held in Cedar Rapids yesterday, Chief United States Magistrate Judge Jon S. Scoles ordered Lafontaine held without bond pending further proceedings in the case.  Judge Scoles was concerned that Lafontaine’s recent statement was not an isolated event.  The court cited evidence presented at the hearing showing Lafontaine had previously made statements to a federal court employee that were construed as potentially threatening, and had sent a letter to the FBI expressing concerns about the FBI’s consideration of Lafontaine’s complaints, in which Lafontaine stated, “I feel since nothing has been done about any of these situations for many years now I may have to take a life just to defendant myself, which I no longer will hesitate to do . . .”

Judge Scoles also noted a document seized from Lafontaine’s residence appeared to contain a list of complaints Lafontaine harbored against numerous individuals or organizations, most of whom he alleged had “obstructed justice,” or participated in a “conspiracy” against him.  Scoles cited the concerns of family members that Lafontaine was suffering from an apparent mental disorder, and noted it appeared he was becoming more distressed.

The government advised the court it would be requesting the court to order defendant undergo a psychological evaluation at a future date.  

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Protective Service, the Federal Bureau of Investigation, and the Iowa Falls Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-mj-232.

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A woman who conspired to distribute methamphetamine pled guilty on July 17, 2015, in federal court in Sioux City.

Katja Bails, 37, from Kiron, Iowa, was convicted of conspiring to distribute methamphetamine.

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

Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared.  Bails will remain in custody pending sentencing.  Bails faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 in special assessments, and at least five years of supervised release following any imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4086.

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A Canadian man who was involved in a large marijuana smuggling conspiracy  pled guilty on July 27, 2015, in federal court in Cedar Rapids.

Jason Boyachek, age 42 from British Columbia, Canada, was convicted of conspiracy to distribute 1000 kilograms or more of marijuana from 2005 through May of 2007.

At the plea hearing, Boyachek admitted his participation in the marijuana smuggling conspiracy, which involved smuggling marijuana from Canada to various locations in the United States and then transporting large quantities of currency back to Canada.  On May 14, 2007, Customs and Border Patrol seized 600 pounds of marijuana hidden in a truck as it entered the United States near Pembina, North Dakota.  This shipment was destined for a rural location in Delaware County, Iowa.  Over the course of the investigation law enforcement officers were able to seize over $1.2 million in drug proceeds. Boyachek was subsequently arrested in Canada on September 12, 2011, and extradited to the United States on March 26, 2015.

Sentencing before United States District Court Chief Judge Linda R. Reade  will be set after a presentence report is prepared.  Boyachek remains in custody of the United States Marshal pending sentencing.  Boyachek faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $4,000,000 fine, $100 in special assessments, and 5 years of supervised release following any imprisonment.

The case was prosecuted by Assistant United States Attorney Patrick 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 Department of Homeland Security, Homeland Security Investigations, Customs and Border Patrol 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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 09-2027.

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A convicted felon who possessed a firearm and ammunition in Cedar Rapids earlier this year was sentenced yesterday to 100 months in federal prison.

Michael Ray Davis, age 26, from Cedar Rapids, Iowa, received the prison term after his April 24, 2015, guilty pleas to three federal firearms crimes.  The crimes included Possession of a Firearm and Ammunition by a Felon; Unlawful Possession of a National Firearms Act Firearm; and Possession of a Firearm by a Felon.

At the guilty plea hearing, Davis admitted that he knowingly possessed a Beretta .40 caliber handgun and Winchester .40 caliber ammunition on January 4, 2015.  Davis also admitted he knowingly possessed a modified Fabarm 12-gauge pump weapon on February 5, 2015, and such weapon was not registered to him in the National Firearms Registration and Transfer Record.  Davis also admitted to a prior felony conviction in state court for criminal mischief in the second degree.

Davis was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 100 months’ imprisonment.  A special assessment of $300 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Davis is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the FBI’s Safe Streets Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Cedar Rapids Police Department.  Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-0019.

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A woman who committed Social Security Fraud for approximately five years pled guilty today in federal court in Sioux City.

Karlotta Venegas, 44, from Webster City, Iowa, was convicted of one count of Supplemental Security Income Benefits Fraud.

In a plea agreement, Venegas admitted that, between August 2008 and September 2013, she hid the fact that she had been outside the United States for more than thirty days on eight separate occasions from the Social Security Administration in order to continue to receive Supplemental Security Income benefits.  Venegas admitted she failed to tell the Social Security Administration about these trips in order to continue to receive them.  She would not have been entitled to benefits during the time she was outside the United States if the Social Security Administration knew she was outside the United States for over thirty days at a time.  During this period of time, Venegas received over $23,000 in benefits to which she was not entitled.  

Sentencing before United States District Court Judge Mark Bennett will be set after a presentence report is prepared.  Venegas remains free on conditions of release previously set.  Venegas faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Social Security Administration Office of the Inspector General.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 15-CR-3018.

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Chief United States District Court Judge Linda R. Reade, today issued an written order directing that William B. Aossey, Jr., 73, of Cedar Rapids, Iowa, be detained without bond pending sentencing in United States District Court in Cedar Rapids, Iowa.

Aossey, the founder of Midamar Corporation and Islamic Services of America, both of Cedar Rapids, was convicted by a federal jury on July 13, 2015, of 15 counts of conspiracy, making false statements on export certificates, and wire fraud.  Following a detention hearing on that same date, the Court ordered Aossey held without bond pending further order of Court.

In the written order filed today, the Court found 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 Court also noted,

While on pretrial release Defendant has not earned the trust of the court.  Defendant violated the terms of his pretrial release by failing to notify his probation officer of contact with law enforcement, even though the terms of his supervision were discussed with him when he was first released.  His ties to the illegal firearms shipments to Lebanon remain under investigation.

A sentencing date has not yet been set.

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General, and the Internal Revenue Service.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00116-LRR.

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Robert M. Hertz, age 51, of 2418 Catskill Street SW, Cedar Rapids, Iowa, pleaded guilty today to one count of possessing a firearm and ammunition as a felon.

In an indictment filed June 11, 2015, Hertz was charged with possessing a .40 caliber rifle and 237 rounds of ammunition on May 12, 2015, after he had previously been convicted of three violent felonies or serious drug offenses, namely, Arson, Second Degree Burglary, and Manufacturing Methamphetamine.

Today, Hertz pled guilty to the charge in United States District Court in Cedar Rapids.  Hertz admitted he had been previously convicted of the three felonies identified in the indictment.  Hertz thus faces a mandatory minimum sentence of fifteen years’ imprisonment, plus a fine of up to $250,000, and a term of supervised release of up to five years.

After Hertz pleaded guilty, he was ordered detained without bond.  Chief Magistrate Judge Jon Scoles found there was evidence Hertz had attempted to obstruct justice while on pretrial release.

A sentencing date has not been set.

The case is being 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.

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SIOUX CITY, IOWA – An Iowan and a Nebraskan will each serve prison time for violating provisions of the Clean Air Act and Clean Water Act.

Clean Water Act Violation

Michael J. Wolf, age 58, from Remsen, Iowa, received a sentence including six weekends in prison after a December 16, 2014, guilty plea to one count of knowingly discharging a pollutant into a waterway of the United States. The discharge resulted in a fish kill.  At the plea and sentencing hearings, the United States presented evidence that on October 23 and 24, 2012, Wolf, while he was the maintenance manager at Sioux-Preme Packing, intentionally discharged biological materials and agricultural wastes (e.g., blood, fecal material, animal guts, cleaning chemicals, etc.) from one of Sioux-Preme’s waste lagoons into a tributary of the West Branch of the Floyd River.

The discharge lasted more than 11 hours.  It fouled over 11 miles of river, downstream from the lagoon.  It killed over 190,058 fish of various species (with a value of $20,282.94) and caused the State of Iowa to expend more than $5,000 in response costs.  One witness to the fish kill described watching fish jumping out of the water and racing around to avoid the deadly plume.  Wolf lied to members of the Iowa Department of Natural Resources’ Emergency Response team attempting to ameliorate the effects of the spill.  This delay likely worsened the effects of the spill.

Clean Air Act Violation

Larry Wolf, age 54, from Dakota City, Nebraska, received a sentence including a year and a day in prison after a December 17, 2014, guilty plea to one count of knowingly violating the work practice standards of the Clean Air Act by failing to thoroughly inspect the old -more-Sioux City YMCA to ascertain the amount of asbestos, and whether that amount was sufficient to subject the demolition project to regulation.

At the plea and sentencing hearings, the United States presented evidence that Wolf knew the building contained asbestos and regulated asbestos-containing material and that he had even received an asbestos abatement estimate for the building.

Despite knowing the old YMCA building contained asbestos, defendant directed friends, family, and others to, disturb, renovate, remove, and dispose the asbestos and regulated asbestos-containing material and help him personally do so.  Defendant took at least 19,514 pounds of scrap metal from the old YMCA and was paid at least $30,477.54 from one particular scrap yard for it.  Defendant boasted he had made $80,000.00 or more from the old YMCA in this way.  When defendant was questioned by Special Agents of the United States Environmental Protection Agency, he lied telling them he had only removed naked materials from the facility.

United States Attorney Kevin W. Techau commented: “Environmental crimes that involve polluting air and Iowa’s water are serious matters.  These cases show that violations of our environmental laws are taken very seriously because they impact our communities both now and in years to come.  These sentences show that if you commit environmental crimes you will be prosecuted.  I offer my congratulations to all of our partners in these cases.”

Sentencing

Michael J. Wolf was sentenced in Sioux City by United States District Court Judge Mark W. Bennett for his violation of the Clean Water Act.  He was sentenced to six weekends of imprisonment and a one-year term of probation.  A special assessment of $100 was imposed.

Larry Wolf was sentenced in Sioux City by United States District Court Judge Mark W. Bennett for his violation of the Clean Air Act.  He was sentenced to 12 months and one day imprisonment and a two-year term of supervised release following his imprisonment.  A special assessment of $100 was imposed.

Michael J. Wolf and Larry Wolf are not related.

These two cases were investigated by the United States Environmental Protection Agency and the Iowa Department of Natural Resources and were prosecuted by Assistant United States Attorney Forde Fairchild.

Court file information is available at https://ecf.iand.uscourts.gov.  The case file numbers are CR14-4091 (Michal J. Wolf), and CR14-4055 (Larry Wolf).

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CEDAR RAPIDS, IOWA – On July 26th the nation recognizes the 25th anniversary of the landmark legislation known as the Americans with Disabilities Act (ADA). With this legislation, the nation committed itself to eliminating discrimination against people with disabilities. The United States Department of Justice’s Civil Rights Division plays a critical role in enforcing the ADA, working towards a future in which all the doors are open to equality of opportunity, full participation, independent living, integration and economic self-sufficiency for persons with disabilities.

The ADA sets four goals for people with disabilities:

1. Equal opportunity;

2. Full participation;

3. Independent living; and

4. Economic self-sufficiency.

The ADA’s purpose is simple. The ADA is about securing for people with disabilities the most fundamental of rights—the right to live in the world. It ensures they can go places and do things that other Americans take for granted.

The United States Attorney’s Office for the Northern District of Iowa also plays a vital role in enforcing the ADA and ensuring equal access to all.  The office declared its unwavering enforcement of the legislative mandates during a press event held in front of the federal courthouse, surrounded by various non- governmental agency and organization representatives active in support of those persons with disabilities. United States Attorney Kevin W. Techau stated, “The purpose of the event is to celebrate the ADA by discussing how this legislation helped people with disabilities fulfill the American vision of equal opportunity for all.”

Techau recognized the significance of the ADA and its many milestones since its passage in 1990, but noted that compliance is something that must be enforced every day.  Toward that end, he announced his office has launched a review of select businesses to determine ADA compliance.  Techau stated, “It’s been a quarter of a decade since the passage of this legislation and no public accommodation should have an excuse for noncompliance.”

Questionnaires have been sent to 50 establishments that are expected to timely report on their ADA compliance.  From this number several will be selected for an on-sight inspection conducted by trained inspectors familiar with ADA requirements.

As part of the review, restaurant owners and operators are being asked to complete a Survey Form, supplied by the Government, indicating their restaurant's accessibility. Investigators may then conduct on-site inspections to confirm survey responses and to evaluate compliance with federal ADA regulations. Owners and operators of restaurants found to be non-compliant will have the option of entering into a Voluntary Compliance Agreement with the Government whereby they voluntarily agree to upgrade their facilities to meet ADA requirements. Owners and operators found to be engaging in a pattern or practice of discrimination, or that fail to enter Voluntary Compliance Agreements, may face a civil lawsuit brought by the Government and/or be subject to penalties, including monetary damages and civil fines.

Techau stressed, “ADA enforcement is a top priority for our office. We will continue to investigate and bring appropriate enforcement actions when people fail to obey the requirements of the ADA law. No one should be unfairly deprived of the opportunity to enjoy a meal out.  We will take all reasonable legal steps to make sure they have equal access.  It is our expectation that any restaurants found to be seriously deficient will voluntarily upgrade their facilities and avoid litigation. We also hope that proprietors who are today planning renovations of new restaurants will keep the ADA firmly in mind before finalizing those plans, when it is much less costly to do so.”

The compliance review was initiated in June by seeking information and assistance from organizations that might be able to identifying entities with accessibility concerns. The request for information was broad and sought information on any non-complying business generally open to the public. Inputs from these organizations, as well as analysis from the responses to the 50 ADA questionnaires, will guide the U.S. Attorney’s Office in deciding where to focus its attention.

The findings from the on-site inspections determine what action, if any, might be necessary to ensure compliance.  For a first time violation under Title III of the ADA the monetary penalties are up to $75,000; for a subsequent violation the maximum monetary penalty is $150,000. 

If you or someone you know has been a victim of discrimination under the ADA, please contact the U.S. Attorney’s Office at the address below.  You may also email a photograph depicting what you believe represents restricted accessibility (please identify the business and its address):

United States Attorney’s Office
Civil Rights Unit – Civil Division
111-Seventh Avenue SE, Box 1
Cedar Rapids, IA   52401‑2101
          

A complaint form can be found at - http://www.ada.gov/complaint/

Complaints can be emailed to:  USAIAN.CivilRightsComplaint@usdoj.gov

Fax:  319-363-1990
TTY:  319-286-9258
ADA Phone: 319-363-0534

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Two men have been sentenced to federal prison for their roles in a Mason City area methamphetamine distribution conspiracy.

Shawn Benedict Zimmerman, age 42, of Clear Lake, Iowa, received his prison term after an April 20, 2015, guilty plea and Shane Lester McRoberts, age 28, of Nora Springs, Iowa, received his prison term after an April 16, 2015, guilty plea.  Zimmerman and McRoberts each pled guilty to conspiracy to distribute methamphetamine.

Information provided by the United States at the sentencing and change of plea hearings revealed that, during the conspiracy between June 2014 and December 2014, Zimmerman supplied methamphetamine to McRoberts, who sold methamphetamine for him.  Zimmerman controlled the operation.  McRoberts was selling methamphetamine sourced by Zimmerman.  During his involvement in the conspiracy McRoberts distributed more than 5 grams of pure methamphetamine.

Zimmerman and McRoberts, were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Zimmerman was sentenced to 188 months’ imprisonment and McRoberts was sentenced to 45 months’ imprisonment.  Zimmerman and McRoberts must also serve a 5-year term of supervised release after the prison term.  Zimmerman and McRoberts were each ordered to pay a $100 special assessment.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.

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

The case file number is 15-3011.

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On Thursday, July 16, 2015, a New Hampshire man who filed false tax returns was sentenced to a year in federal Prison.

Thomas DeFelice, age 37, was sentenced to 12 months in prison in federal court in Cedar Rapids.  His case was connected to that of James Spaulding, age 35, from Longmont, Colorado, who was previously convicted of one count of mail fraud and two counts of filing false tax returns, and sentenced to 57 months in federal prison.

In plea agreements, Spaulding and DeFelice admitted Spaulding was the director of the Clarke University Bookstore between 2011 and 2012.  Spaulding and DeFelice created a fictitious corporation called RVP Wholesale Books (“RVP”), then caused RVP to issue false invoices to Clarke University purporting to show that RVP supplied the Clarke University bookstore with books.  In truth, RVP never supplied the Clarke University bookstore with any books.  Spaulding and DeFelice split the proceeds of the fraud, totaling more than $302,000.00.  Spaulding convinced DeFelice that there were, in fact, books purchased through RVP and delivered to Clarke University.  DeFelice agreed with Spaulding, however, to falsely inflate the purported cost of goods sold so as to fraudulently decrease RVP’s and their personal tax liabilities.  Spaulding and DeFelice therefore filed false tax returns for 2011 and 2012 in which they failed to disclose the illegal proceeds obtained from the fraud.  Spaulding later lied to a federal grand jury in Cedar Rapids, Iowa, by falsely claiming RVP supplied the Clarke University bookstore with books.

DeFelice was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  DeFelice was sentenced to 12 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to pay all taxes and penalties owed in connection with the false tax returns.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  DeFelice was permitted to self-surrender to a federal prison at a later date.

The cases were prosecuted by Assistant United States Attorney C.J. Williams and were investigated by the Dubuque Police Department and the Internal Revenue Service Criminal Investigation Division.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are 14-CR-1022-LRR for Spaulding and 15-CR-1005-LRR for DeFelice.

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A Minnesota woman and an Iowa man who conspired to distribute methamphetamine were sentenced to four and eleven years respectively in federal prison.

Jillian Preston, 36, from Herron Lake, Minnesota, received the prison term on July 9, 2015, after an April 17, 2015, guilty plea to conspiracy to distribute methamphetamine.  Todd Daugherty, 52, from Spencer, Iowa, received the prison term on May 26, 2015, after a February 19, 2015, guilty plea to conspiracy to distribute methamphetamine.

At their guilty pleas, Preston and Daugherty each admitted that from 2013 through May 2014 they were involved in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine in the Spencer (Lakes), Iowa area.  Preston obtained ¼ to ½ pound quantities from sources in Minnesota for distribution in Iowa.  Daugherty obtained one ounce to ¼ pound quantities from Preston for further redistribution in Iowa.  And four ounces of methamphetamine was seized from Daugherty (after he had received it from Preston) in a Minnesota traffic stop.

Preston and Daugherty were sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Preston was sentenced to 48 months’ imprisonment. Daugherty was sentenced to 132 months’ imprisonment.  Each must pay a special assessment of $100 and each must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Preston and Daugherty are being held in the United States Marshal’s custody until they can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Clay County Sheriff’s Office, Iowa Great Lakes Drug Task Force, Minnesota Bureau of Criminal Apprehension, Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, and the Minnesota State Patrol.   

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR14-4096 and CR14-4067.

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A man who possessed with the intent to distribute methamphetamine was sentenced July 15, 2015, to 18 years in federal prison.

Kirk Anthony Bennett, age 43, from Charles City, Iowa, received the prison term after a January 16, 2015, guilty plea to possession with intent to distribute methamphetamine.  Bennett was previously convicted of possession of a controlled substance in 2011.

At the guilty plea, Bennett admitted on September 2, 2014, he was in possession of ice methamphetamine which he intended to distribute.  Bennett was found in possession of 123.11 grams of ice methamphetamine when a search warrant was executed after a controlled package delivery of ice methamphetamine was served at his residence.

Bennett was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Bennett was sentenced to 216 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

Bennett 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-3053.

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Five men have been sentenced to federal prison for their roles in a methamphetamine distribution conspiracy.

Billy Lee Jaime Huerta, age 31, of Mason City, Iowa, received his prison term after a December 10, 2014, guilty plea; David Luiz Lee Huerta, age 27, of Mason City, Iowa, received her prison term after a March 25, 2015, guilty plea, Steven Andrew Davis, age 32, of Stockton, California, received his prison term after a January 26, 2015, guilty plea, Michael Angelo Sanchez Moreno, age 25, of Stockton, California, received his prison term after a December 3, 2014, guilty plea, and Francisco Mora-Martinez, age 29, of Stockton, California, received his prison term after a February 2, 2015, guilty plea.  Billy Huerta, David Huerta, Davis, Moreno, and Mora-Martinez each pled guilty to conspiracy to distribute methamphetamine.  David Huerta and Steven Davis each also pled to Distributing a Controlled Substance.  Billy Huerta was previously convicted of a felony drug offense in Cerro Gordo County, on July 7, 2008.

Information provided by the United States at the sentencing’s and change of plea hearings show the defendants were involved in a conspiracy in which David Huerta and Steven Davis were bringing from California and/or mailing pound quantities of methamphetamine to the Mason City area and along with Billy Huerta and Michael Moreno reselling it to others.  During his involvement in the conspiracy, Francisco Mora-Martinez was responsible for facilitating the distribution of more than 150 grams of pure methamphetamine.  The conspiracy lasted from August 2010 to October 2014, in the Mason City and Clear Lake, Iowa area.

Billy Huerta, David Huerta, Davis, Mora-Martinez, and Moreno, were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Billy Huerta was sentenced to 240 months’ imprisonment, David Huerta was sentenced to 135 months’ imprisonment, Davis was sentenced to 121 months’ imprisonment, and Mora-Martinez and Moreno were each sentenced to 120 months’ imprisonment.  Billy Huerta must serve a 10-year term of supervised release after the prison term.  David Huerta, Davis, Mora-Martinez, and Moreno must each serve a 5-year term of supervised release after prison.  David Huerta, Steven Davis, and Michael Moreno, were each ordered to pay a $200 special assessment.  Billy Huerta and Mora-Martinez were each ordered to pay a $100 special assessment.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Clear Lake Police Department, and Iowa Division of Narcotics Enforcement.

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

The case file number is 14-3054.

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Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa will join representatives from area disability rights groups to celebrate the 25th anniversary of the signing of the American with Disabilities Rights legislation.  The purpose of the event is to highlight how this law has helped people with disabilities fulfill the American vision of equal opportunity for all.  The historical significance of the ADA, as well as how the U.S. Attorney’s Office pursues its mission to protect the rights of persons with disabilities through enforcement, will be highlighted.

Event Details

When:  Monday, July 20, 2015

Where: United States Federal Courthouse, 111 7th Ave. S.E., Cedar Rapids, IA (outside the front entrance)

Time: 10:00 a.m.

Program

A press release and interview opportunities will be available at the end of the celebratory event.

A man who illegally re-entered the United States after being deported was sentenced July 14, 2015, to 16 months in federal prison.

Jose Alejandro Vasquez-Pacheco, age 33, an illegal alien from Mexico living in Mount Vernon, Iowa, received the prison term after an April 23, 2015, guilty plea to one count of illegally reentering the United States after having been deported following a felony conviction.

The evidence showed that Vasquez-Pacheco was convicted of operating a motor vehicle while intoxicated in 2003, and twice in 2007.  He violated the terms of his state probation and a warrant was issued for his arrest in 2008.  Vasquez- Pacheco was deported to Mexico on August 8, 2009, and again on August 13, 2009.  He again illegally re-entered the United States in August 2010.  On March 17, 2015, Vasquez-Pacheco was arrested by immigration officers in Mount Vernon, Iowa.

Vasquez-Pacheco was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to sixteen 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.       

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-0029.

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A man who illegally re-entered the United States after being deported and used false documents to obtain employment was sentenced July 14, 2015, to 16 months in federal prison.

Alejandro Paredes-Barradas, age 34, an illegal alien from Mexico living in Waterloo, Iowa, received the prison term after an April 24, 2015, guilty plea to one count of unlawful use of an identification document, one count of misuse of a Social Security number, one count of making a false claim to U.S. citizenship, and one count of illegally reentering the United States after having been deported after a felony conviction.

The evidence showed that on May 1, 2013, Paredes-Barradas (using an alias name) used a fraudulent Social Security card and account number to apply for work.  On the Immigration Form I-9, Paredes-Barradas claimed to be a United States Citizen.  He had been previously deported to Mexico in 2007 after his third Iowa conviction for operating a motor vehicle while intoxicated.  After his deportation, Paredes-Barradas returned to Iowa and was convicted again in 2012 of possession of fictitious identification documents.

Immigration authorities were notified by the Black Hawk County Sheriff’s Office in November 2014 that Paredes-Barradas was in custody on new state charges.  On March 5, 2015, he was convicted in state court of one count of threatening to use explosive or incendiary device, one count of assault domestic abuse causing injury, and one count of reckless use of fire.

Paredes-Barradas was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to sixteen months’ imprisonment.  A special assessment of $400 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.        

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-2051.

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CEDAR RAPIDS, IOWA — In a settlement announced today by the Department of Justice and the Environmental Protection Agency (EPA), Interstate Power and Light, a subsidiary of Alliant Energy, has agreed to install pollution control technology and meet stringent emission rates to reduce harmful air pollution from the company’s seven coal-fired power plants in Iowa.  The settlement also requires Interstate Power and Light to spend a total of $6 million on environmental mitigation projects and pay a civil penalty of $1.1 million to resolve alleged violations of the Clean Air Act.  Linn County, Iowa, the state of Iowa and the Sierra Club join the United States as co-plaintiffs in the case.

“This settlement is a victory for air quality and public health in Iowa,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “This agreement will cover all of Interstate’s coal-burning facilities in Iowa, requiring new pollution cutting technology and environmental projects to enhance air quality in surrounding communities, among other lasting benefits.”

“The emissions reductions required by this settlement will lead to cleaner air and significant environmental and public health benefits for Iowans," said U.S. Attorney Kevin W. Techau for the Northern District of Iowa.  “This settlement will eliminate thousands of tons of harmful air pollution each year significantly improving air quality in Iowa and throughout the Midwest.  The agreement demonstrates the Department of Justice’s strong efforts, along with EPA, to bring large sources of air pollution into compliance with the Clean Air Act.”

 “To serve the communities in which they operate, power plants must protect clean air for those living nearby,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This case delivers on the goals of EPA’s national enforcement initiative to reduce air pollution from the largest sources. By installing new equipment and funding mitigation projects, Interstate Power & Light can help conserve energy and cut pollution in communities across Iowa.”

Under the settlement, Interstate Power and Light will install and continuously operate new and existing pollution control technology at its two largest plants in Lansing and Ottumwa, Iowa, and will retire or convert to cleaner-burning natural gas its remaining five plants in Burlington, Cedar Rapids, Clinton, Dubuque, and Marshalltown, Iowa.  The new, state-of-the-art pollution controls required by the settlement are expected to cost approximately $620 million.  EPA estimates that the settlement will reduce sulfur dioxide (SO2) emissions by 32,500 tons per year and nitrogen oxide (NOx) emissions by 3,800 tons per year once the settlement is fully implemented.

Interstate Power and Light will also be required to spend $6 million on environmental mitigation projects.  The company will choose from five potential projects, including solar energy and anaerobic digester installations, replacing coal-fired boilers at schools with lower-emission equipment, an alternative fuel vehicle replacement program and a residential program to change out wood burning stoves and fireplaces.

SO2 and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts and premature death.

This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s New Source Review requirements.  The total combined SO2 and NOx emission reductions secured from all these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.

The settlement was filed with the U.S. District Court for the Northern District Court of Iowa for 30 days to allow for public comment.  The company is required to pay the penalty within 30 days after the court approves the settlement.

More on the settlement: http://www.justice.gov/enrd/consent-decrees.

More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is C15-0061.

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A man who distributed child pornography was sentenced July 14, 2015 to 14 years in federal prison.

William Smith, age 34, of Jesup, Iowa, received the sentence after a March 2, 2015 guilty plea to one count of distribution of child pornography.  At the guilty plea hearing, Smith admitted that, in June 2013, he used a cell phone to distribute child pornography.

Smith was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Smith was sentenced to 168 months’ imprisonment.  A special assessment of $100 was imposed, and he must also serve an eight-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 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 14-140.

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A man who possessed child pornography pled guilty on July 13, 2015, in federal court in Cedar Rapids.

Joshua Leute, age 28, from Dubuque, Iowa, was convicted of one count of possession of child pornography.  At the plea hearing, Leute admitted that, in 2012, he knowingly possessed child pornography.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Leute was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Leute faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Clinton County Sheriff’s Office, the Davenport Police Department, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 15-1012.

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A man who was found in possession of a handgun in relation to a shooting pled guilty yesterday in federal court in Cedar Rapids.

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.

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

The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Waterloo Police Department and the Blackhawk County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-2016-LRR.

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A convicted felon who possessed a firearm and ammunition on the streets of Cedar Rapids last October was sentenced today to ten years in federal prison, the statutory maximum sentence possible for his crime.

Bernard James Butler II, age 24, from Cedar Rapids, Iowa, received the prison term after a March 30, 2015, guilty plea to one count of possessing a firearm and ammunition as a felon.

At the guilty plea hearing, Butler admitted that he knowingly possessed a Fabrique Nationale FNX-40 .40 caliber pistol on October 29, 2014, and ammunition.  At the plea hearing, Butler also admitted to prior felony convictions in state court for going armed with intent; intimidation with a dangerous weapon; burglary in the second degree; and possession of a controlled substance with intent to deliver.

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

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

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

Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-001.

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CEDAR RAPIDS, IOWA – The United States filed a civil complaint today in federal court against Iowa Select Herbs LLC, of Cedar Rapids, Iowa, its president and CEO, Gordon L. Freeman, and a partial owner, Lois A. Dotterweich, to prevent the distribution of adulterated and misbranded dietary supplements, announced Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.

Iowa Select Herbs LLC manufactures and distributes a variety of dietary supplements, consisting primarily of extracts from various plants, including papaya leaf, echinacea, elderberry and nettle leaf.  The firm also produces a product called “Cold BeGone,” which purports to be a complex of natural ingredients.  The complaint alleges that the company’s dietary supplements are manufactured under conditions that are inadequate to ensure the safety of its products and also make unlawful claims to treat or prevent diseases.  The department filed the injunction action in the Northern District of Iowa on behalf of the U.S. Food and Drug Administration (FDA).

“The Department of Justice is committed to ensuring that dietary supplements are manufactured and distributed in compliance with the law,” said Principal Deputy Assistant Attorney General Mizer.  “We will pursue actions against manufacturers who do not manufacture their products under proper conditions or who make unlawful claims about them.”         

According to the complaint, an FDA inspection performed in August 2014 revealed that the company’s dietary supplements are adulterated within the meaning of the federal Food, Drug and Cosmetic Act because they are manufactured, prepared, packed or held in a manner that does not conform to Dietary Supplement Current Good Manufacturing Practices.  The complaint alleges, for example, that the company repeatedly failed to test its dietary ingredients, in order to verify their identity, before using them.  The complaint also alleges that the firm’s dietary supplements qualify as unapproved and misbranded drugs, in that they claim to treat or prevent a variety of diseases, including cancer, malaria and heart disease, but have never been submitted to the FDA for approval, and have never been found safe and effective for those purposes.

The government is represented by Trial Attorney Heide L. Herrmann of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel for Enforcement Laura Akowuah of the Department of Health and Human Services’ Office of General Counsel – Food and Drug Division.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-cv-60.

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Willie Gerald Humphrey, age 27, from Chicago, Illinois, has been charged with one count of possession with intent to distribute heroin.  The charge is contained in a Complaint filed on July 7, 2015, in United States District Court in Cedar Rapids.

The Complaint alleges that, on or about February 26, 2015, Humphrey was being watched by officers with the Cedar Rapids Police Department in relation to a heroin investigation.  After observing what the officers believed was a heroin transaction between Humphrey and an assumed customer, the officers stopped this person and eventually found .2 grams of suspected heroin hidden in the person’s shoe.  The officers then stopped Humphrey’s vehicle.  The officers could smell the odor of burnt marijuana emanating from Humphrey’s vehicle, and detained him and his passenger.  Officers found $1,049 in cash during an initial search of Humphrey’s person, but found no drugs on him, the passenger, or in the car.  The officers then obtained a search warrant and found seven individually wrapped amounts of suspected heroin hidden inside Humphrey’s body.

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

Humphrey appeared on July 8, 2015, in federal court in Cedar Rapids and was held without bond.  Humphrey’s next appearance for an arraignment has not yet been set.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-mj-218-JSS.

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A man who conspired to distribute crack cocaine was sentenced July 8, 2015, to more than five years in federal prison.

James Lillard, 34, from Sioux City, Iowa, received the prison term after an April 1, 2015, guilty plea to conspiracy to distribute crack cocaine.

At the guilty plea, Lillard admitted his involvement with the distribution of at least 28 grams but less than 112 grams of crack cocaine.  On two separate occasions in July 2013, Lillard distributed a total of 4.9 grams of cocaine base to an individual cooperating with law enforcement.

Lillard was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien.  Lillard was sentenced to 70 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR14-4071.

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Nathan Paulsen, 28, from Ida Grove, Iowa, has been charged with one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.­  The charges are contained in an Indictment filed on June 17, 2015, in United States District Court in Sioux City.

The Indictment alleges that, from about 2012 through June 2015, Paulsen conspired to distribute 500 grams or more of methamphetamine mixture; and on or about June 6, 2014, he possessed with intent to distribute 500 grams or more of methamphetamine mixture.

If convicted on all charges, Paulsen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $200 in special assessments, and at least five years of supervised release following any imprisonment.­

Paulsen appeared on June 26, 2015, in federal court in Sioux City and was held without bond.  Paulsen’s next appearance for trial is set for August 3, 2015.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR15-4038.

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A man who attempted to entice a minor to engage in sexual activity was sentenced July 2, 2015 to over 10 years in federal prison.

Colton Rickels, age 20, of Monticello, Iowa, received the sentence after an April 20, 2015 guilty plea to one count of attempted enticement of a minor.  At the guilty plea hearing, Rickels admitted that, in October 2014, he used the Internet to attempt to persuade, induce, entice, or coerce a 12-year-old girl to engage in sexual activity.  At the sentencing hearing, the court also discussed defendant’s repeated sex acts with another 12-year-old girl and his inappropriate contact with a 13-year-old girl.

Rickels was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Rickels was sentenced to 121 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 Iowa Division of Criminal Investigation, the Monticello 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 15-20.

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A former employee of Iowa Falls State Bank in Iowa Falls, Iowa, who embezzled $144,181.47 from the bank, was sentenced on July 2, 2015, to federal prison.

Teresa Ann Kobriger, age 42, from Iowa Falls, Iowa, received the prison term after an April 1, 2015, guilty plea to one count of embezzlement by a bank employee.

In a plea agreement, Kobriger admitted that from December 2008 through December 2012, while employed by the Iowa Falls Sate Bank in a position equivalent to a head teller, she embezzled $144,181.47 from the bank.  Kobreger admitted that during this time, she stole money from her teller drawer and the bank vault and then altered bank records in order to conceal her thefts.

Kobriger was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Kobriger was sentenced to 21 months’ imprisonment.  A special assessment of $100 was imposed, and she was ordered to make $ 181,393.63 in restitution.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Kobriger was released on conditions 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 the Iowa Falls Police Department.

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 15-CR-00026.

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A two-time felon and unlawful drug user who was found in possession of a loaded handgun during a traffic stop pled guilty today to a firearms offense in federal court in Cedar Rapids.

Anthony Hall, Jr., age 30, from Cedar Rapids, Iowa, was convicted of being a felon and unlawful drug user in possession of a firearm.

In a plea agreement, Hall admitted that Cedar Rapids Police Officers stopped him for a traffic violation on April 13, 2015.  Hall lied about his true identity when questioned by the officers.  When officers smelled marijuana coming from the car, they searched the car and found a loaded .40 caliber handgun in the center console, along with several baggies of marijuana.  When officers moved to arrest Hall, he fought with the officers until they deployed a taser to subdue him.  Hall has two prior felony convictions.  In 2009, he was convicted in Linn County of Delivery of a Controlled Substance, and in 2003, he was convicted of Robbery in Austin, Texas.  Hall also admitted to being an unlawful user of marijuana.

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

The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Cedar Rapids Police Department and the FBI Safe Streets Task Force.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-55-LRR.  Follow us on Twitter @USAO_NDIA.

A woman who committed Social Security Fraud for approximately eleven years pled guilty on July 2, 2015, in federal court in Cedar Rapids.

Angela Carmichael, 49, from Aplington, Iowa, was convicted of one count of Supplemental Security Income Benefits Fraud.

In a plea agreement, Carmichael admitted that, between June 2003 and June 2014, she hid the fact from the Social Security Administration that she was living with her husband in order to continue to receive Supplemental Security Income benefits.  Carmichael admitted she lied to the Social Security Administration in order continue to receive benefits to which she would not have been entitled if the Social Security Administration knew she was living with her husband.  During this period of time, Carmichael received over $68,000 in benefits to which she was not entitled.  

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

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Social Security Administration Office of Inspector General.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 15-CR-2010.

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A man and woman who created a false letter to be provided to a federal court pled guilty to obstruction of justice in federal court in Cedar Rapids.

Asa Adams, age 26, from Waterloo, Iowa, pled guilty on June 29, 2015, to obstruction of justice.  Nicole Wells, age 36, from Waterloo, Iowa, pled guilty on July 6, 2015, to the same charge.

In plea agreements, Adams and Wells admitted that they worked together to create a false letter to be presented in federal court in a failed attempt to help Adams evade a revocation of his supervised release.  Adams was convicted in 2011 of being a felon in possession of a firearm.  After serving a sixteen-month sentence in federal prison, Adams was placed on supervised release on October 2, 2014.  One of the conditions imposed on supervised release was that Adams not use controlled substances.  His use was tested by random urinalysis.  On December 24, 2014, Adams submitted a urine sample that tested positive for marijuana.  In an attempt to evade having his supervised release revoked and being sent back to prison, Adams recruited his coworker and friend, Nicole Wells, to fabricate a false letter.  The letter, purportedly written by a supervisor at the restaurant where Adams and Wells worked, falsely claimed another employee had brought in marijuana-laced brownies to work.  The letter was not written by the supervisor and there were no marijuana-laced brownies.

Adams provided the false and fictitious letter to his defense attorney, who unwittingly filed it with the federal court as an exhibit.  At a hearing on a petition to revoke Adams’s supervised release, however, the letter was shown to be false when the supervisor and employee who allegedly brought the brownies to work testified.  The court found Adams had tested positive for marijuana because he had used marijuana, and sentence Adams to a year in federal prison for violating the terms of his supervised release.       

Sentencing before United States District Court Chief Judge Linda R. Reade for the obstruction of justice conviction will be set after a presentence report is prepared.  Adams remains in custody of the United States Marshal pending sentencing.  Wells remains released on bond pending sentencing.  Adams and Wells each face a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by 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-42-LRR.

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A man who conspired to distribute methamphetamine was sentenced July 1, 2015, to more than 10 years in federal prison.                          

Ryan Michael Schroeder, 27, from LaCrosse, Wisconsin, received the prison term after a February 27, 2015, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Schroeder admitted his involvement from January 2012 through December 2014 in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine.  Schroeder was involved in selling methamphetamine in Hampton, Iowa, as well as selling methamphetamine to numerous others in Minnesota. 

Schroeder was sentenced in Cedar Rapids, Iowa, by United States District Court Chief Judge Linda R. Reade.  Schroeder was sentenced to 121 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Schroeder 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office; Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-3071.

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A man found in possession of methamphetamine was sentenced July 1, 2015, to more than 17 years in federal prison.

Mackenzie Everett Servantez, 26, from Mason City, Iowa, received the prison term after a February 13, 2015, guilty plea to possession more than 5 grams of methamphetamine. Servantez was previously convicted of a felony drug offense in 2007.

In a plea agreement, Servantez admitted on October 15, 2014, he was in possession of more than 5 grams of actual (pure) methamphetamine.  Servantez was stopped by law enforcement after a car chase which turned into a foot pursuit.  Servantez was found in possession of 19.82 grams of pure methamphetamine, at least some of which he intended to distribute.  Officers also found a scale, a meth pipe and two cellular phones.  Approximately $1227 cash was recovered from Servantez. 

Servantez was sentenced in Cedar Rapids, Iowa, by United States District Court Chief Judge Linda R. Reade.  Schroeder was sentenced to 210 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system. Servantez 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office; Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-3070.

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A man who conspired to distribute methamphetamine was sentenced July 1, 2015, to more than 7 years in federal prison.

William Allan Odell II, 43, from Mason City, Iowa, received the prison term after an April 13, 2015, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Odell admitted to his involvement from June 2014 through December 2014 in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine. On November 26, 2014, Odell was arrested on an outstanding warrant. Odell was searched, and several used syringes as well as a bag of unused ones were located in his coat pockets. Odell was also found in possession of 9.38 grams of methamphetamine, which was located on the passenger side of the car, along with a digital scale and two empty baggies. Odell admitted to selling ½ ounce amounts during the time period of the conspiracy.

Odell was sentenced in Cedar Rapids, Iowa, by United States District Court Chief Judge Linda R. Reade. Odell was sentenced to 90 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Odell 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office; Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-3010.

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SIOUX CITY – A former marketing manager at egg production and processing facilities who participated in a conspiracy to bribe a U.S. Department of Agriculture (USDA) inspector, to sell restricted eggs with intent to defraud, and to introduce misbranded food into interstate commerce with intent to defraud and mislead was sentenced yesterday in federal district court in Sioux City, Iowa, the U.S. Attorney’s Office of the Northern District of Iowa announced.

Tony Wasmund, 64, of Willmar, Minnesota, the head of marketing at Quality Egg LLC of Galt, Iowa, was sentenced to four years’ probation by U.S. District Court Judge Mark W. Bennett in the Northern District of Iowa.

Quality Egg LLC pleaded guilty to paying at least two cash bribes to a USDA inspector, who is now deceased, to procure the release of shell eggs that had been retained for quality issues.  The USDA inspector’s job responsibilities included inspecting shell eggs at one or more of Quality Egg’s production facilities in Iowa, and the inspector had retained or “red tagged” several thousand dozens of eggs for failing to meet minimum USDA quality grade standards.

Wasmund admitted at his September 2012 plea hearing that he conspired with at least one other person to bribe the inspector, sell restricted eggs with intent to defraud, and introduce misbranded food into interstate commerce with intent to defraud and mislead.  Wasmund described how, on or about April 12, 2010, as part of the conspiracy, he authorized the disbursement of $300 in petty cash from Quality Egg knowing the cash was to be used to bribe a USDA inspector.  After the bribe was paid, the eggs were released, labeled as meeting minimum USDA quality grade standards, and sold and shipped to customers in several states.

The case was prosecuted by Assistant U.S. Attorney Peter Deegan of the Northern District of Iowa and Trial Attorneys Lisa Hsiao and Christopher Parisi of the Civil Division’s Consumer Protection Branch.  They were assisted by Associate Chief Counsel Michael Varrone of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.  The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the USDA’s Office of Inspector General and the FBI.

Fighting public corruption is a Department of Justice priority.  The public is encouraged to report any known instances of public corruption to the FBI's Public Corruption Tip Line at 844-4PC-TIPS.  Information can also be sent via e-mail to OMPCTIP@ic.fbi.gov.

Court file information: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.        The case file number is 12-CR-3041.

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A Nebraska woman was sentenced June 26, 2015, to 4 months in federal prison.

Anna Baker, age, 25 from Winnebago, Nebraska, received the prison term after a February 25, 2015 guilty plea to one count of simple possession of methamphetamine.

Facts presented by the United States at her change of plea hearing and sentencing reveal for about three days, starting on April 30, 2013, defendant hid Jamal Dean at her residence on the Winnebago Indian Reservation.  She did so knowing Dean was the subject of a joint state and federal criminal investigation and manhunt.  During this time, defendant relayed information to Dean from other conspirators, provided him methamphetamine, and provided him the use of her phone.

On or about May 14, 2013, defendant lied to federal agents about when she had last seen Dean and who had stayed at her residence.  Additionally, sometime after harboring Dean and before meeting with law enforcement, she deleted the contents of her phone (including text messages).

On February 12, 2015, defendant entered into a plea agreement with the United States admitting her role in the conspiracy.  On February 25, 2015, she pled guilty to a related offense but was allowed to remain at liberty.  After admitting guilt and pleading guilty, defendant continued her criminal conduct and repeatedly violated the terms of her supervision.

Baker was sentenced in Sioux City by United States Magistrate Judge Leonard Strand.  Baker was sentenced to four months’ imprisonment.  A special assessment of $25 was imposed.  She must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted as a part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes.  The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations; the Tri-State Drug Task Force, the Woodbury County Sheriff’s Office; the Sioux City Police Department, the United States Marshal’s Service; the Iowa Department of Public Safety; the Nebraska Department of Public Safety; and the Woodbury County Attorney’s Office.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4088.

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A man who was a fugitive from justice for almost twenty-one years was sentenced June 22, 2015, to more than ten years in federal prison.

Matthew West, age 50, from Cedar Rapids, Iowa, received the prison term after a December 3, 1992, jury verdict finding him guilty of one count of conspiracy to distribute and possess with intent to distribute Lysergic Acid Diethylamide (LSD).

Evidence at trial showed that, between October 1990 and October 1991, West obtained around 12,000 hits of LSD from out-of-state sources.  West sold the LSD to others who redistributed the LSD in Cedar Rapids, Iowa.  Following the guilty verdict, West was ordered detained pending sentencing but was released in August 1993 when a request for new trial was granted.  When West failed to appear for a detention hearing in April 1994, a warrant was issued for his arrest.  West turned himself in on that warrant on December 27, 2014.  The order granting a new trial was overturned on appeal in June 1994 while West was a fugitive.

West was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  West was sentenced to 121 months’ imprisonment and fined $6,000.  A special assessment of $50 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.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Cedar Rapids Police Department, the Linn County Sheriff’s Office, the Marion Police Department, 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 92-CR-0023.

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Cedar Rapids - The Cedar Rapids Safe Streets Task Force took decisive action this past week to make the streets of the city safer. Ten individuals were charged on federal gun related offenses.

Safe Streets, headed by the FBI, combats guns and other violent crimes by coordinating local, state and federal agencies to maximize intelligence gathering.  Coordinating focus ensures law enforcement resources are put to their best and most efficient use. The Task Force was formed in late 2009 following a spike in violent crime in the Cedar Rapids area.

United States Attorney Kevin Techau reported the Task Force=s recent activities at a press conference held at the Cedar Rapids Police Department. Other participants attending the press conference included the FBI, U.S. Marshals Service, and the Cedar Rapids Police Department.

Techau emphasized that, AThe Safe Streets Task Force, has in the past—and will in the future—focus its intelligence gathering and prosecutions on those most dangerous criminal elements who choose to unlawfully use and possess firearms.” He reinforced that Safe Streets resources are available to all law enforcement agencies with related investigations as a “force multiplier,” whether or not those agencies are members of the Task Force. U.S. Attorney Techau concluded indicating, “If you're a prohibited person possessing or using a gun, you're violating federal law and you’re going to pay a price, and federal prison time is a heavy price to pay.”

FBI Assistant Special Agent in Charge Michael Kitsmiller commented on the partnership among agencies stating, “Our Task Force is committed to working with our state, local and federal partners to combat criminal activity. The recent charges demonstrate what can be achieved through the cooperative efforts of several law enforcement agencies, and serves as a warning that criminal activity will not be tolerated in our community.”  Supervisory Senior Resident Agent Gabriel Poling, the FBI agent heading the Task Force, echoed the same endorsement and warning.

Cedar Rapids Police Chief Wayne Jerman also offered his praise for the efforts of everyone involved with the Task Force.  He also stated, “Since coming together and focusing our energy, it is again evident illegal activity involving firearms will not be tolerated in our city.”

In the past week, the Task Force=s work has resulted in the following charges being filed:

• Darius Devon Flowers, age 26, from Cedar Rapids, Iowa, has been charged with one count of being a felon and domestic abuser in possession of a firearm and ammunition (Case No. 15-MJ-189).  On April 22, 2015, Flowers allegedly possessed a loaded .25 caliber pistol under the front passenger seat of a vehicle in Cedar Rapids.  Flowers was allegedly convicted of­ felony possession with intent to distribute a controlled substance in 2009 and felony burglary in 2012.  Flowers is in state custody.  No date has been set for Flowers’ first appearance in federal court.

• Bryan Gall, age 24, from Cedar Rapids, Iowa, has been charged with one count of being a felon and unlawful drug user in possession of a firearm (Case No. 15-MJ-186).  On April 29, 2015, Gall allegedly possessed two handguns, a shotgun, and several rounds of ammunition at a residence in Cedar Rapids.  At the time, Gall was allegedly an unlawful user of marijuana and heroin.  Gall was allegedly convicted of felony burglary in 2009 and felony possession of contraband in a correctional facility in 2010.  Gall is in state custody. No date has been set for Gall’s first appearance in federal court.

• Anthony Steven Hall, Jr., age 30, from Cedar Rapids, Iowa, has been charged with one count of being a felon and unlawful drug user in possession of a firearm (Case No. 15-MJ-176).  On April 13, 2015, Hall allegedly possessed a .40 caliber handgun in the console of a vehicle in Cedar Rapids.  At the time, Hall was allegedly an unlawful user of marijuana.  Hall was allegedly previously convicted of felony delivery of a controlled substance, felony possession with intent to deliver a controlled substance, domestic abuse assault, felony robbery, and twice for possession of a controlled substance.  Hall appeared in federal court in Cedar Rapids on June 17, 2015, and was held without bond.  Hall’s next appearance for a detention hearing and preliminary examination is set for June 22, 2015, at 1:30 p.m.

• Scott A. High, age 39, from Cedar Rapids, Iowa, and Herbert A. Feickert, age 61, also from Cedar Rapids, Iowa, have each been charged with one count of being a felon in possession of a firearm (Case No. 15-MJ-180).  On January 2, 2015, High allegedly possessed three handguns and three long guns – as well as ammunition - at a residence in Cedar Rapids.  Feickert allegedly possessed additional firearms at his residence on January 3, 2015.  High was allegedly convicted of felony possession of a controlled substance in 2001 and multiple counts of felony burglary in 2009.  Feickert was allegedly convicted of breaking and entering in 1973, larceny in the nighttime in 1974, multiple OWIs, and domestic abuse assault in 1992, twice in 1993, 1998, 1999, and 2002.Both High and Feickert appeared in federal court in Cedar Rapids on June 15, 2015, and were held without bond.No date has been set for either High or Feickert’s next appearance in federal court.

• Kenyatta Abdul Aziz Hill, age 29, from Cedar Rapids, Iowa, has been charged with one count of being a felon in possession of a firearm (Case No. 15-MJ-182).  On December 26, 2014, Hill allegedly possessed a handgun at a residence in Cedar Rapids.  Hill was allegedly previously convicted of felony delivery of a controlled substance within 1000 feet of a church and felony obstruction of justice.  Hill appeared in federal court in Cedar Rapids on June 15, 2015, and was held without bond.  No date has been set for Hill’s next appearance in federal court.

• Mitchell Demarcus Hall, age 25, from Cedar Rapids, Iowa, has been charged with one count of being a felon and unlawful drug user in possession of a firearm (Case No. 15-MJ-183).  On May 23, 2015, Hall allegedly possessed a loaded handgun in a vehicle in Cedar Rapids.  At the time, Hall was allegedly an unlawful user of marijuana.  Hall was allegedly convicted of felony aggravated robbery in 2009.  Hall appeared in federal court in Cedar Rapids on June 15, 2015, and was held without bond.  No date has been set for Hall’s next appearance in federal court.

• Jerald Sims, age 38, from Cedar Rapids, Iowa, has been charged with one count of being a felon in possession of a firearm (Case No. 15-MJ-181).  On September 19, 2014, Sims allegedly possessed two long arms at a residence in Cedar Rapids.  Sims was allegedly previously convicted of felony burglary.  Sims appeared in federal court in Cedar Rapids on June 17, 2015, and was held without bond.  Sims’ next appearance for a detention hearing and preliminary examination is set for June 22, 2015, at 2:30 p.m.

• Fabian Taylor, age 27, from Cedar Rapids, Iowa, has been charged with one count of being a felon in possession of a firearm (Case No. 15-MJ-175).  On July 20, 2014, Taylor allegedly possessed a loaded handgun in a vehicle in Cedar Rapids.  Taylor was allegedly previously convicted of felony burglary and domestic abuse assault.  Taylor is in state custody.  No date has been set for Taylor’s first appearance in federal court.

• Marcus Alexander Thomas, age 22, from Cedar Rapids, Iowa, has been charged with one count of being an unlawful drug user in possession of a firearm and ammunition (Case No. 15-MJ-188).  On March 16, 2015, Thompson allegedly possessed a loaded handgun in a vehicle in Cedar Rapids.  At the time, Thomas was allegedly an unlawful user of marijuana.  Thomas appeared in federal court in Cedar Rapids on June 15, 2015, and was held without bond.  No date has been set for Thomas’ next appearance in federal court.

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

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

The cases are being prosecuted by Assistant United States Attorneys Daniel Chatham, Anthony Morfitt, Timothy Vavricek, and C.J. Williams, and Special Assistant United States Attorneys Erin Eldridge and Ravi Narayan and investigated by the Cedar Rapids Safe Streets Task Force.  During this investigation, the task force was composed of representatives from the Federal Bureau of Investigation, United States Marshals Service, Sixth Judicial District Department of Correctional Services, and the Cedar Rapids Police Department.

See attached flyer, “A Gun Can Put You Away.” a_gun_can_put_you_away.pdf (151.02 KB)

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A man, who assaulted his girlfriend and during the assault pointed a gun at her face and threatened to kill her, was sentenced June 16, 2015, to 13 years in federal prison.

Angel Gomez, age 23, from Sioux City, received the prison term after a February 2, 2015, guilty plea to discharging a firearm in furtherance of a crime of violence.

At his plea hearing and sentencing, the United States produced evidence showing on August 23, 2014, Angel Gomez possessed, brandished and fired a warning shot from the handgun in furtherance of a carjacking.  The victims of his carjacking were a family, including a child, who was visiting the War Eagle Monument in Sioux City, Iowa.  The evidence also revealed Gomez undertook the carjacking as part of another criminal plot.     

At the time of the carjacking he had already physically assaulted, threatened, and abducted his paramour when she attempted to end her intimate relationship with him.  Gomez even fired a warning shot from the handgun during the abduction to overcome her refusal to get into his car and to scare off another person attempting to aid her.  The possession of the firearm in furtherance of the carjacking was part of Gomez’s plan to escape with her girlfriend.

Gomez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Gomez was sentenced to 156 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $165 in restitution to one of the crime victims.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4085.

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Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa will join members of the FBI coordinated Cedar Rapids Safe Streets Task Force in holding a joint press conference on June 18, 2015, where they will announce federal gun-related criminal charges against ten individuals.  The purpose of the joint law enforcement action is to reduce incidences of gun violence.

Event Details

When:  Thursday, June 18, 2015

Where: Cedar Rapids Police Department (Community Room), 505 1st Street SW, Cedar Rapids, IA.

Time: 11:30 am.

Program

A press release and interview opportunities will be available at the end of the press conference.

Robert M. Hertz, age 53, of 2418 Catskill Street SW, Cedar Rapids, Iowa, has been charged in a single count indictment filed today in United States District Court in Cedar Rapids yesterday, with possession of a firearm and ammunition as an armed career criminal.

The Indictment charges Hertz possessed a .40 caliber rifle and 237 rounds of ammunition on May 12, 2015, after he had previously been convicted of three violent felonies or serious drug offenses, namely, Arson, Second Degree Burglary, and Manufacturing Methamphetamine.

If convicted of being an armed career criminal, Hertz faces a mandatory minimum sentence of 15 years’ imprisonment, plus a fine of up to $250,000, and a term of supervised release of up to five years.

The arraignment on the indictment is set for June 16, 2015, at 1:30 p.m.

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

The case is being 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.

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Ali Afif Al Herz, age 50, Bassem Afif Herz, age 30, Sarah Majid Zeaiter, age 24, and Adam Al Herz, age 22, all from Cedar Rapids, Iowa, have been charged in a 46 Count indictment filed yesterday in United States District Court in Cedar Rapids.

Ali Afif Al Herz is charged with 24 counts of possessing firearms after having been previously convicted of domestic abuse.

Bassem Afif Herz is charged with conspiracy.

Sarah Zeaiter is charged with three counts of making false claims to United States citizenship on bank records and federal firearms forms.

Adam Al Herz is charged with 17 counts of possessing firearms as an unlawful drug user.

Additionally, each defendant is charged with conspiracy to: engage in the business of dealing in firearms; ship and transport firearms in interstate commerce as part of such dealings; fail to notify common carriers of the existence of firearms and ammunition in interstate shipments; and, making false statements and representations on firearms transaction records.  The defendants are also charged with conspiring to engage in money laundering.

Each false claim to citizenship charge is punishable by up to three years’ imprisonment.  Each unlawful possession of firearms charge is punishable by up to 10 years imprisonment.  The firearms conspiracy charge is punishable by up to five years’ imprisonment.  The money laundering conspiracy charge is punishable by up to 20 years’ imprisonment.   

In addition to the potential terms of imprisonment, each defendant faces a term of supervised release to follow imprisonment, plus a fine of up to $250,000 on each count.  The indictment also seeks to forfeit all guns and ammunition involved in the criminal conduct.      

The arraignment on the indictment for Adam Al Herz is set for June 17, 2015, at 1:30 p.m.  The arraignment on the indictment for the other three defendants is set for June 16, 2015, at 1:30 p.m.

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

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

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