Northern District of Iowa

A man who sexually exploited a child and possessed child pornography was sentenced June 10, 2015 to 40 years in federal prison.

Micheal Jones, age 41, of Mason City, Iowa, received the sentence after a January 8, 2015 guilty plea to one count of sexual exploitation of a child and one count of possession of child pornography.  At the guilty plea hearing, Jones admitted that, in April 2013, he sexually exploited a child by producing a sexually explicit video and photographs of that child.  He also admitted that, between April 2013 and September 2014, he possessed child pornography.

Jones was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Jones was sentenced to 480 months’ imprisonment.  A special assessment of $200 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 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 14-3060.

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A man who produced child pornography while being legally required to register as a sex offender was sentenced today to the legal maximum 40 years in federal prison.

Kevin Andrew Jauron, age 40, from Marion, Iowa, received the prison term after a January 8, 2015, guilty plea to one count of committing an offense involving a minor while being required to register as a sex offender.

At his guilty plea hearing, Jauron admitted that, between no later than 2013 and continuing to about May 10, 2014, he persuaded a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct.  Jauron also admitted that, at the time, he was required by law to register as a sex offender.  According to information disclosed in court related to sentencing, Jauron used the Internet and a cell phone to pose as children in order to make initial contact with several of the victims.  Jauron sexually exploited 5 minor girls as part of his offense.  He produced or caused the production of sexually explicit images of 4 of the victims and had sex with 3 of them.  Jauron produced at least one child pornography video depicting sadistic sexual conduct.

Jauron was required to register as a sex offender due to a September 2008 conviction in Linn County District Court for digitally penetrating a 15-year-old female.

Jauron was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Jauron was sentenced to 40 years’ imprisonment to be followed by 15 years of supervised release.  There is no parole in the federal system.

Jauron 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 Peter Deegan and was investigated by the Marion Police Department.  The Marion Police Department is part of the Iowa Internet Crimes Against Children Task Force (Iowa ICAC).  More information about the Iowa ICAC is available at: http://www.iaicac.org/Pages/welcome.aspx.

Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-128.

The former owner of the Fragrance Hut in Cedar Rapids, who sold synthetic drugs from his store was sentenced yesterday to more than 11 years in federal prison.

Matthew James McCauley, age 39, from Cedar Rapids, Iowa, received the prison term after his September 29, 2014 guilty pleas to maintaining a premises for the distribution of controlled substances and aggravated identity theft.

At the earlier plea hearing, McCauley admitted he opened the Fragrance Hut, formerly located at 2902 First Avenue NE in Cedar Rapids, for the purpose of distributing illegal synthetic controlled substances, commonly referred to as “spice” or “K2.”  Court documents reflect McCauley opened the Fragrance Hut in February 2014, and that the store sold synthetic cannabinoid products with names like “WTF,” “Diablo,” “Purple Haze,” “Fairly Legal,” “Green Giant,” and “Smoking Santa.”  At the sentencing hearing, McCauley admitted to placing online orders for well over 2 kilograms of synthetic cannabinoid products for the store during May and June 2014.  McCauley also admitted to having stolen the identity of another individual during and in relation to a wire fraud scheme.  Court documents reflect McCauley created a false driver’s license using another individual’s name and date of birth.  McCauley then used that name and date of birth to obtain a fraudulent line of credit to purchase jewelry at a local jewelry store.

McCauley was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  McCauley was sentenced to 134 months’ imprisonment, consisting of 110 months’ imprisonment on the drug charge, and two consecutive years on the identity theft charge.  Special assessment totaling $200 were imposed, and he was ordered to make $4,975.21 in restitution to the identity theft victim.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are CR14-94-LRR and 14-MJ-186.

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A twice-convicted felon who possessed a firearm and ammunition on the streets of Waterloo last Halloween evening was sentenced yesterday to 10 years in federal prison, the statutory maximum sentence possible for his crime.

Deshawn Brown, age 23, from Waterloo, Iowa, received the prison term after a March 2, 2015, guilty plea to one count of possessing a firearm and ammunition as a felon.

At the guilty plea hearing, Brown admitted that he knowingly possessed a Sig Sauer pistol and .40 caliber ammunition on Halloween in 2014.  Defendant learned that an associate’s residence was subjected to a drive-by shooting.  In response, Brown went to a local store, purchased ammunition, and then fired several shots near the 1200 block of Willow Street in retaliation for the prior shooting.  When police attempted to stop Brown’s car, he failed to stop and fled through a residential neighborhood.  Brown only stopped because his car crashed into a garage.  At the plea hearing, he also admitted to prior felony convictions in state court for possessing marijuana with intent to deliver and intimidation with a dangerous weapon.

Brown 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.

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

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

Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR15-2001.

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A former deputy sheriff and volunteer firefighter who submitted a fraudulent insurance claim after deliberately setting fire to his vacant home was sentenced today to 13 years in federal prison.

James Marvin Plower, age 50, from Olin, Iowa, received the prison term after a February 20, 2015, guilty plea to one count of mail fraud and one count of using fire to commit a federal felony.

At his guilty plea hearing, Plower admitted that, between about July 2013 and August 2014, he made up a scheme to defraud his insurance company.  Plower admitted that, as part of the scheme, he deliberately set fire to his vacant home in Martelle, Iowa, and then submitted an insurance claim in which he falsely claimed the fire was accidental.

Plower was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Plower was sentenced to 13 years’ imprisonment to be followed by 3 years’ supervised release.  He was ordered to make $152,874.58 in restitution to the victim insurance company.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Iowa Division of Criminal Investigation, the United States Postal Inspection Service, the Iowa State Fire Marshal Division, and the Jones County Sheriff’s Department.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-12-LRR.

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A twice convicted felon who possessed an assortment of ammunition was sentenced yesterday to more than six years in federal prison.

David Kuhlemeier, age 50, from Clear Lake, Iowa, received the prison term after a March 12, 2015, guilty plea to one count of possessing ammunition as a felon.

At the guilty plea hearing, Kuhlemeier admitted that he possessed a large assortment of ammunition.  Further, he admitted to being a twice convicted felon guilty of burglaries in Pocahontas and Emmet Counties.  The ammunition was found in his residence pursuant to a search warrant. During sentencing, the Court noted the numerous aggravating factors warranting Kuhlemeier’s sentence including numerous convictions, six of which involved theft and the two burglaries, and over 100 traffic violations.

Kuhlemeier was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 77 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.

Kuhlemeier 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 Clear Lake Police Department.

Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR15-3001.

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A convicted felon and methamphetamine user who possessed a firearm and ammunition within the City of Cedar Rapids, Iowa, was sentenced today to eight years in federal prison.

Ricky Joe Vaughn, age 36, of Cedar Rapids, Iowa, received the prison term after a March 4, 2015, guilty plea to one count of possessing a firearm and ammunition as a felon.

At the guilty plea hearing, Vaughn admitted that he knowingly possessed a Ruger SR1911 Commander .45 caliber pistol and Winchester .45 ammunition on October 6, 2014, in Cedar Rapids.  Vaughn also admitted to prior felony convictions in state court for manufacturing methamphetamine and theft.

Vaughn was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 96 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR15-0005.

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A convicted sex offender who failed to register after moving back to Iowa was sentenced on June 8, 2015, to more than one year in federal prison.

Lester Ealy, 51, from Cedar Rapids, Iowa, received the prison term after a March 31, 2015, guilty plea to one count of failing to register as a sex offender.

At the guilty plea, Ealy admitted to failing to register as a sex offender living in Iowa from June 2014 through February 2015.  Ealy was required to register because he had previously been convicted of sexual assault in Nebraska state court.  He had also previously been convicted of failing to register as sex offender on four previous occasions in Iowa, Nebraska, and Washington.

Ealy was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Ealy was sentenced to 21 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Ealy 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 Anthony Morfitt and investigated by the United States Marshall’s Service.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 15-CR-22.

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A husband and wife who enticed a minor to engage in criminal sexual activity pled guilty in federal court in Cedar Rapids.

Michael Darling, age 20, and Jennifer Darling, age 27, both of Marion, Iowa, were convicted of one count of enticement of a minor.

At a plea hearing on June 4, 2015, Michael Darling admitted that, between January and March 2015, he persuaded, induced, or enticed a 15-year-old girl to engage in sexual activity.  At a plea hearing on June 8, 2015, Jennifer Darling admitted that, during the same time period, she persuaded, induced, or enticed the same girl to engage in sexual activity.

Sentencings before United States District Court Chief Judge Linda R. Reade will be set after presentence reports are prepared.  Jennifer Darling was taken into custody of the United States Marshal after her guilty plea; both she and Michael Darling will remain in custody pending sentencing.  Each defendant faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Jones 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 15-39.

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A woman who unlawfully used another person’s identity to file a fraudulent tax return and steal money from the government pled guilty today in federal court in Cedar Rapids.

Gwendolyn Murray, 35, from Cedar Rapids, Iowa, was convicted of one count of theft of government property and one count of aggravated identity theft.

At the plea hearing, Murray admitted she, without lawful authority, used another person’s name, social security number, and signature on a fraudulent tax return she filed in January 2012.  Murray further admitted she then stole from the government by cashing the refund check, worth more than $6,000, issued in March 2012 as a result of the fraudulent tax return.   

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Murray remains free on conditions of release previously set.  Murray faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of twelve years’ imprisonment, a $500,000 fine, $200 in special assessments, and four years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Internal Revenue Service.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 15-CR-0015.

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A man who distributed heroin to a user who nearly died from an overdose pled guilty today in federal court in Cedar Rapids.

Marcus DeJohn Wallace, age 19, from Cedar Rapids, Iowa, was convicted of distribution of heroin resulting in serious bodily injury.

At the plea hearing, Wallace admitted that on February 24, 2015, he distributed $50 worth of heroin to a person in the parking lot of a business on Edgewood Road.  He also admitted that the person to whom he had sold the heroin took that heroin to a nearby vehicle, where another person was waiting in the driver’s seat.  Both the driver and passenger used the heroin Wallace had sold, and both individuals immediately overdosed and lost consciousness after using the heroin.  The driver’s head slumped forward to the point that the driver’s head hit the steering wheel, activating the horn.  A passerby heard the horn honking, saw the two unconscious individuals inside the vehicle, and called 911.  When paramedics arrived, the passenger was able to be revived without medical intervention.  The driver’s head was down (chin to chest), skin was blue, and respirations were labored.  The driver was totally unresponsive until paramedics repositioned the driver’s head to open the airway.  Wallace admitted that without medical intervention by the paramedics, the driver was at a substantial risk of anoxic brain injury and death as a result of using the heroin Wallace distributed.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-00025-LRR.

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A man who possessed child pornography was sentenced June 4, 2015 to over 11 years in federal prison.

Paul LeClere, age 51, of Hopkinton, Iowa, received the sentence after a February 6, 2015 guilty plea to one count of possession of child pornography.  At the guilty plea hearing, LeClere admitted that he knowingly possessed child pornography.

LeClere was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  LeClere was sentenced to 135 months’ imprisonment and fined $10,000.  A special assessment of $100 was imposed, LeClere was ordered to make $4,000 in restitution, and he must also serve a ten-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 Scott County Sheriff’s Office, the Davenport Police Department, the Delaware County Sheriff’s Office, the Dubuque County Sheriff’s Office, the Clinton County Sheriff’s Office, and Homeland Security Investigations.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-2054.

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A man who conspired to distribute methamphetamine was sentenced June 3, 2015, to more than one year in federal prison.

Victor Gerardo Gonzalez-Hidalgo, 36, from South Sioux City, Nebraska, received the prison term after an October 17, 2014, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Gonzalez-Hidalgo admitted that from September 2013 through May 2014, he was involved in a conspiracy that distributed at least 50 grams of actual (pure) methamphetamine.  Gonzalez-Hidalgo admitted to selling one ounce quantities of methamphetamine on nine separate occasions to an undercover law enforcement agent.

Gonzalez-Hidalgo was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Gonzalez-Hidalgo was sentenced to 21 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.  Gonzalez-Hidalgo 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 14-4046.

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A Nigerian man who made false claims on employment documents and banking applications was sentenced June 1, 2015 to more than two years in federal prison.

Oluwaseyi Ademola Sadipe, age 39, a Nigerian living in Mason City, Iowa, received the prison term after a February 10, 2015, jury verdict finding him guilty of one count of misuse of a Social Security number, one count of aggravated identity theft, and three counts of making false claims of United States citizenship.

The evidence at trial showed that Sadipe, a lawful permanent resident, falsely claimed to be a U.S. citizen when filling out required employment eligibility verification forms to gain employment with three different employers between December 2013 and June 2014.  On the employment forms, Sadipe used his valid Social Security number.  In December 2013, Sadipe unlawfully used his five-month-old son’s Social Security number to obtain a checking account.  Sadipe spent more than he deposited into the checking account, resulting in a loss of $1,175 to the bank by March 2014.  Sadipe also unlawfully used his seven-year-old’s Social Security number on a car loan application in February 2014.  Sadipe’s fraudulent use of multiple Social Security numbers was discovered when the car loan application was processed by the bank where Sadipe had opened the checking account.

Sadipe was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Sadipe was sentenced to twenty-five months’ imprisonment.  A special assessment of $500 was imposed, and he was ordered to make $2,276.35 in restitution to Clear Lake Bank & Trust ($1,175.27) and First Citizens National Bank ($1,101.08).  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Sadipe 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 Office of Inspector General for the Social Security Administration and by Homeland Security Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-3065.

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A woman who embezzled more than $120,000 from the bank where she worked was sentenced to twenty-one months in federal prison.

Ann M. Sperfslage, 55, from Manchester, received the prison term after pleading guilty to embezzlement by a bank employee.

At the plea hearing, Sperfslage admitted that, between May 2008 and continuing through August 2010, she embezzled $123,180.59 by creating false loan documents, withdrawing bank funds in accordance with the false documents, and concealing her offense through the temporary misapplication of customer deposits.

Sperfslage was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  She received a sentence of twenty-one months’ imprisonment and was ordered to pay a fine of $5,000.  A special assessment of $100 was also imposed.   

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

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-2002-LRR.

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A man whose November 2013 attempt at cooking methamphetamine resulted in a fire that damaged several mobile homes in Hiawatha was sentenced today to 20 years in federal prison.

Michael Landon Monroe Lala, age 27, from Hiawatha, Iowa, received the prison term after a January 27, 2015 guilty plea to attempted manufacture of methamphetamine.

In a plea agreement, Lala admitted that he manufactured methamphetamine many times between April 2012 and May 2014, and that he recruited others to purchase pseudoephedrine for him so he could make meth.  Lala also admitted that on November 13, 2013, he was in the process of cooking meth via the “one-pot” method when the bottle he was using in the manufacturing process tipped over, causing a fire.  A 14-year-old and the owner of the mobile home in Hiawatha where Lala was cooking the meth were also present in the mobile home when the fire started.  The mobile home where the fire started was destroyed, and five neighboring mobile homes were also extensively damaged.  Three of the other damaged mobile homes were occupied at the time of the fire.  One of those residences was occupied by two adults and four minor children, another was occupied by one adult, and a third was occupied by two adults.

Lala was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Lala was sentenced to 240 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was investigated by the Hiawatha Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services, and 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 CR14-69-LRR.

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Joshua Leute, age 28, of Dubuque, 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 May 27, 2015, in United States District Court in Cedar Rapids.

The Indictment alleges that, between 2011 and 2012, Leute received and possessed child pornography.

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

Leute appeared for a detention hearing on June 3, 2015, in federal court in Cedar Rapids and was released on bond.  Leute’s next appearance for trial is set for July 27, 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 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 conspired to distribute methamphetamine was sentenced June 3, 2015, to more than five years in federal prison.

Christopher Julin, 29, from Manning, Iowa, received the prison term after a January 21, 2015, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Julin admitted that from 2013 through July 2014, he was involved in a conspiracy that distributed at least five pounds of mixed methamphetamine which contained at least 1500 grams of actual (pure) methamphetamine.  Julin obtained methamphetamine in 2-4 ounce quantities from Mark Weller and sold it in ¼ to one ounce quantities.  Julin also admitted to trading an SKS rifle to Mark Weller in exchange for ½ ounce of methamphetamine.

Julin was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Julin was sentenced to 66 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.  Julin 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 Iowa Division of Narcotics Enforcement; Iowa Division of Criminal Investigations; Denison, Iowa Police Department; and Carroll County, Iowa Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4059.

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A man who violated multiple terms and conditions of federal supervised release was sentenced June 1, 2015, to more than four years in federal prison.

Antione Diandre Maxwell, 27, from Mason City, Iowa, received the prison term after a June 1, 2015, revocation of supervised release hearing.  Maxwell was previously convicted of conspiracy to distribute crack cocaine on August 17, 2007.  Maxwell was sentenced at that time to 84 months’ imprisonment with a five-year term of supervised release.

Maxwell admitted to violating several terms of his supervised release, including but not limited to: failure to participate in substance abuse treatment; failure to obtain employment; association with persons involved in criminal activity; and possession of marijuana and cocaine with intent to deliver.  The district court also found Maxwell violated the terms of his supervised release by the possession of a 9mm handgun while being a previously convicted felon.

Maxwell was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Maxwell was sentenced to 53 months’ imprisonment.  The court ordered this term of imprisonment to be consecutive to the term of imprisonment he had previously been ordered to serve in the state of Iowa.   He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.  Maxwell 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 U.S. Probation Office and assisted by the North Central Iowa Narcotics Task Force and Mason City, Iowa Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 07-3004.

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A man who conspired to distribute methamphetamine was sentenced May 26, 2015, to 11 years in federal prison.

Todd Daugherty, 52, from Spencer, Iowa, received the prison term after a February 19, 2015, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Daugherty admitted his involvement in a conspiracy from about 2013 and continuing through May 2014 that distributed more than 50 grams of actual (pure) methamphetamine in Spencer, Iowa, and the surrounding area.  Daugherty would obtain the methamphetamine from Minnesota and later distribute the methamphetamine to multiple customers in Iowa.  A traffic stop was conducted of Daugherty in Minnesota in which four ounces of methamphetamine was seized.

Daugherty was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Daugherty was sentenced to 132 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.  Daugherty 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 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 14-4067.  Follow us on Twitter @USAO_NDIA.

A man who unlawfully used another individual’s identity to apply for credit was sentenced to more than three years in federal prison.

Terry L. Gantt, 28, from Cedar Rapids, received the prison term after pleading guilty to wire fraud and identity theft.

At the plea hearing, Gantt admitted that, between November 2012 and February 2013, he knowingly participated in a scheme to defraud by using another identity, including the social security number, to apply for credit in that person’s name.

Gantt was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He received a sentence of 38 months’ imprisonment.  A special assessment of $200 was imposed, and he was ordered to make $2,963.76 in restitution.

The case was prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the United States Postal Inspection Service and the Cedar Rapids Police Department.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-142-LRR.

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Waterloo, Iowa—Across the country, as part of Project Safe Neighborhoods (PSN), cities have established innovative law enforcement strategies that have proven effective in addressing violent crime.  The purpose of PSN is to reduce incidences of gun violence.  It is carried out most effectively through the development of partnerships among federal, state and local governments.  Waterloo law enforcement and the United States Attorney’s Office continued that effort yesterday in a sweep targeting seven individuals prohibited under federal law from possessing firearms and/or ammunition.

A joint press conference was held at the Waterloo City Hall the day following the unsealing of the complaints in federal court against the seven individuals charged with federal gun crimes.

A spike in firearm related incidents in the recent past caused local law enforcement and the United States Attorney’s for the Northern District of Iowa to examine the patterns of criminal activity and to take decisive action to address it.  U.S. Attorney Kevin Techau stated, “This focus helps ensure the public’s law enforcement resources are put to their best and most efficient use.” Techau further noted, “As we enter the summer months, those thinking of using or possessing a weapon illegally are on notice—expect to be held accountable to the fullest extent of the law.”

Waterloo Police Chief Dan Trelka and Black Hawk County Sheriff Tony Thompson joined in the press conference, each noting their commitment to keeping the streets and county safe.  Both noted, “One way we will do this is by holding offenders accountable.”  Black Hawk County Attorney Tom Ferguson stated, “Through a collaborative teamwork approach we have made a statement to those thinking of committing a crime.  If you do, expected to be arrested and prosecuted.”

The recent charges cover a spectrum of federal firearm violations, such as: felon in possession of a firearm, unlawful user of a controlled substance in possession of a firearm and ammunition, and domestic abuser in possession of a firearm.  Each violation is punishable by the following maximum penalties: (1) up to 10 years’ imprisonment without the possibility of parole; (2) a fine up to $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release up to 3 years.

Project Safe Neighborhoods public service announcements offer compelling narratives depicting how gun violence affects the family:

• https://www.youtube.com/watch?v=UcVCP4A8Wng

• https://www.youtube.com/watch?v=GRaw-LeW2HA

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Six men and a woman have been charged with firearm and ammunition offenses.  The charges are contained in complaints unsealed late yesterday and this morning in United States District Court in Cedar Rapids.  

Shane Paul Sliekers, age 30, from Waterloo, Iowa, has been charged with one count of being a felon in possession of a firearm.  The Complaint (Case Number 15-MJ-156-JSS) alleges that, on or about August 7, 2014, Sliekers possessed a .380 caliber handgun at his residence on Center Street in Waterloo.  Sliekers allegedly used the handgun to fire at his ex-wife and another person on Mulberry Street in Waterloo earlier that same day.  Sliekers allegedly had been convicted of felony Second Degree Burglary in 2002 and felony Willful Injury/Domestic Abuse in 2004.

Sliekers is in state custody.  No appearance date has been set.

Dameon Harris, age 23, from Waterloo, Iowa, has been charged with one count of being a felon in possession of a firearm.  The Complaint (Case Number 15-MJ-152-JSS) alleges that, on or about April 7, 2015, Harris possessed a loaded .22 caliber handgun at his girlfriend’s apartment in Parkview Boulevard in Waterloo.  Harris allegedly matched the description of a person involved in a shooting near the apartment earlier that day.  Officers allegedly recovered spent .22 caliber shell casings from the area of the shooting.  Harris allegedly had been convicted of felony Aggravated Unlawful Use of a Weapon/Vehicle in 2013.

Harris appears today, May 27, 2015, at 10:45 a.m. in federal court in Cedar Rapids.

Dreyan Rashad Anderson, age 19, from Waterloo, Iowa, has been charged with one count of being an unlawful user of marijuana in possession of a firearm and ammunition.  The Complaint (Case Number 15-MJ-154-JSS) alleges that, on or about April 7, 2015, Anderson possessed a loaded .32 caliber revolver in his waistband during a traffic stop on Martin Luther King Drive and Linden Avenue in Waterloo.  At the time, Anderson was allegedly an unlawful user of marijuana.

Anderson appears today, May 27, 2015, at 1:30 p.m. in federal court in Cedar Rapids.

Tyrone Parrow, age 25, from Waterloo, Iowa, has been charged with one count of being a domestic abuser in possession of a firearm.  The Complaint (Case Number 15-MJ-159-JSS) alleges that, on or about April 7, 2015, at about 1:15 a.m., Parrow possessed a loaded 9 millimeter handgun during a traffic stop in the area of West 9th Street and Linder Drive in Waterloo.  A female and a small child were in the vehicle with Parrow at the time of the stop.  Parrow allegedly had been convicted of Domestic Abuse Assault / Strangulation and Domestic Abuse Assault Causing Bodily Injury in March 2014.

Parrow is in state custody.  No appearance date has been set. 

Christine Tiara Williams, age 34, from Cedar Falls, Iowa, and Marcus Robert Sykes, age 29, from Waterloo, Iowa, have each been charged with one count of being unlawful users of marijuana in possession of a firearm.  The Complaint (Case Number 15-MJ-157-JSS) alleges that, on or about April 8, 2015, Williams and Sykes possessed a 9 millimeter handgun seized from a vehicle parked at a gas station on La Porte Road in Waterloo.  At the time, both Williams and Sykes were allegedly unlawful users of marijuana.  Officers’ attention was allegedly brought to the vehicle and block due to an earlier shooting in the 1400 block of Jefferson in Waterloo.  Williams allegedly bought the handgun two days before, on April 6, 2015, and gave it to Sykes.

Williams appeared yesterday, May 26, 2015, in federal court in Cedar Rapids and was released on conditions set by the court.

Sykes also appeared yesterday May 26, 2015, in federal court in Cedar Rapids and was detained pending a detention hearing set for May 28, 2015 at 11:00 a.m.

Marshondus Trenedale Brown, age 23, from Waterloo, Iowa, has been charged with one count of being an unlawful user of marijuana in possession of ammunition.  The Complaint (Case Number 15-MJ-155-JSS) alleges that, on or about April 17, 2015, Brown possessed .45 caliber ammunition at a convenience store on Broadway Street in Waterloo.  At the time, Brown was allegedly an unlawful user of marijuana.  Brown had allegedly fired the ammunition from a firearm in connection with a fight that started in the store and then spilled out into the street.

Brown is in state custody.  No appearance date has been set.

If convicted, each individual faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 3 years of supervised release following any imprisonment.­

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

The cases are being prosecuted by Assistant United States Attorneys Tony Morfitt, C.J. Williams, Dan Chatham, and Tim Vavricek, and Special Assistant United States Attorneys Erin Eldridge and Ravi Narayan in coordination with the Blackhawk County Attorney’s Office.  The cases were investigated by the Waterloo Police Department, the Blackhawk County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

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A man who conspired to distribute methamphetamine was convicted by a jury May 22, 2015, after a 2 ½-day trial in federal court in Sioux City.

Jose W. Orellana, 42, from South Sioux City, Nebraska, was convicted of conspiracy to distribute 5 grams or more but less than 50 grams of actual (pure) methamphetamine.  The verdict was returned May 22, 2015, following about 3 ½ hours of jury deliberations.

The evidence at trial showed that Orellana participated in a conspiracy that distributed methamphetamine in Sioux City, Iowa and South Sioux City, Nebraska.   Law enforcement officers collected evidence from September 2013 through May 13, 2014.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  Orellana was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Orellana faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, a special assessment of $100, and four years up to life of supervised release following any imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4046.

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Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa will join the Waterloo Police Department, Black Hawk County Sheriff’s Office, and the Black Hawk County Attorney’s Office in holding a joint press conference on May 27, 2015, announcing federal gun-related criminal charges against seven individuals.  This joint law enforcement action is part of Project Safe Neighborhoods, which has as its purpose reducing incidences of gun violence.

Event Details

When:  Wednesday, May 27, 2015

Where: Waterloo City Hall Media Center (lower level), 715 Mulberry St., Waterloo, IA.

Time: 10:00 am.

Program

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

A felon who possessed a firearm and ammunition was sentenced May 14, 2015 to ten years in federal prison.

Blake Maurer, age 24, of Freeport, Illinois, received the sentence after a February 6, 2015 guilty plea to one count of possession of a firearm and ammunition by a felon.  At the guilty plea hearing, Maurer admitted that, on August 24, 2014, in Dubuque, Iowa, he possessed a firearm and ammunition.  Maurer also admitted he was a convicted felon.

Maurer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Maurer was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed, and he must also serve a three-year term of supervised release.

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-1021.

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Shiloh Palmer, 22, Andrew Palmer, 24, Elizabeth Olinger, 26, and Peter Olinger, 42, from Mechanicsville, Iowa, each have been charged with four counts of bank robbery and related offenses.­  The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.

The Indictment alleges that, on or about April 6, 2015, defendants robbed, and/or aided and abetted the robbery of, the Exchange State Bank of Martelle, Iowa.  The Indictment alleges defendants either personally, or aided and abetted, the theft of over $30,000 from an employee of the bank through force, violence, and intimidation; used, carried and brandished two shotguns in furtherance of the bank robbery, or aided and abetted the same; and used fire to commit a federal felony offense, or aided and abetted the same.

If convicted on all charges, each defendant faces a mandatory minimum sentence of 17 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1 million fine, $400 in special assessments, and 16 years of supervised release following any imprisonment.­

All four individuals appeared yesterday in federal court in Cedar Rapids and were held without bond.  Their next appearance will be a detention hearing set for May 20, 2015, at 9 a.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 Timothy L. Vavricek and was investigated by the FBI, the Jones County Sheriff’s Office, the Iowa DCI, the Iowa State Fire Marshal’s Office, the Lisbon Police Department, the Mt. Vernon Police Department, the Cedar County Sheriff’s Office, the Mechanicsville Police Department, and the Linn County Sheriff’s Office.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-0047-LRR.

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A man who fired several rounds from a handgun at a house after a dispute with its occupants was sentenced yesterday to two and a half years in federal prison.

Marcus Wilson, age 24, from Carbondale, Illinois, received the prison term after a January 15, 2015, guilty plea to possession of a firearm as an unlawful drug user.

In a plea agreement, Wilson admitted that on May 8, 2014, he purchased a .40 caliber handgun and ammunition from a Cedar Rapids gun shop.  In purchasing the firearm, Wilson lied on the background check paperwork, falsely claiming that he was not an unlawful user of controlled substances.  In fact, Wilson had been unlawfully using cocaine, marijuana, and PCP for at least three years prior to the purchase.  The day after Wilson purchased the handgun, he visited a girlfriend at her friend’s home in Cedar Rapids, where Wilson got into a verbal altercation with the occupants of the home.  When forced to leave the home, Wilson pulled out his handgun and wildly fired several rounds at the home, hitting it and a neighboring house.  Both homes were occupied, including by children, and at least one round penetrated the exterior wall of a home.  When police arrived moments later in response to the gunfire and found Wilson outside the home, he falsely claimed he had been shot at by occupants of the home.  This compelled the police to remove the occupants at gunpoint only to discover that Wilson had lied to them.

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

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department as part of the FBI Safe Streets Taskforce, a unit focused on ending gun violence in the Northern District of Iowa.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0083.

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A man who committed murder on the Meskwaki Nation Settlement was sentenced today to twenty-five years in federal prison.

Jonathan Youngbear, 21, from the Meskwaki Nation Settlement, Iowa, received the prison term after a January 28, 2015, guilty plea to one count of second degree murder in “Indian Country.”

In a plea agreement, Youngbear admitted that he stabbed Severn Jefferson twice in the neck and chest with a knife.  Youngbear further admitted that the victim bled to death as a result of the stab wounds.  At the time he stabbed the victim, Youngbear was under the influence of alcohol and also had methamphetamine in his system.

Youngbear was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Youngbear was sentenced to twenty-five years’ imprisonment.  The Court imposed a special assessment of $100 and he was ordered to make $3,026.20 in restitution to the Iowa Crime Victim compensation Program.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorneys Peter Deegan and Tony Morfitt and investigated by the Meskwaki Nation Tribal Police Department, the Tama County Sheriff’s Office, the Iowa Division of Criminal Investigation, and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-CR-00046.

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A man who illegally bought and transported black rhino horns from Oregon to Iowa pled guilty today in federal court in Cedar Rapids.

James Hess, 39, from Maquoketa, Iowa, was convicted of one count of violating the Lacey Act, which prohibits interstate trade in certain wildlife, including wildlife determined to be endangered under the Endangered Species Act.  Black rhinos are endangered and it is illegal to traffic in their horns across state lines.

In a plea agreement, Hess, who is a taxidermist, admitted that he contacted an individual in Oregon who was trying to sell a pair of black rhino horns online.  Hess reached an agreement to buy the rhino horns and told the seller that he had arranged to further sell the horns to a different person in Oregon.  Hess further admitted that when meeting the seller in Oregon he gave the seller an Oregon driver’s license purporting to be for the buyer for the horns.  Instead of reselling the horns in Oregon, Hess shipped the horns back to Maquoketa and then gave the horns to someone else in Iowa.  Hess also admitted to receiving half of the profits this person expected to receive from a further sale of the horns.

Rhinoceros are herbivores of prehistoric origin and among the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by 178 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population. As a result, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to 668 in 2012.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Hess was released on conditions set by the Court pending sentencing.  Hess 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.  The case was investigated as a part of “Operation Crash,” a continuing nationwide investigation by the Department of the Interior’s Fish and Wildlife Service to investigate and prosecute those involved in the black market trade of endangered rhino horns.

Court file information at https://ecf.iand.uscourts.gov/.  The case file number is 15-CR-41.

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A former Controller of a Dubuque company, who embezzled more $360,000, was sentenced on Monday, May 11, 2015, to more than two years in federal prison.

Michael Schute, age 51, from Dubuque, Iowa, received the prison term after a February 6, 2015 guilty plea to one count of wire fraud and one count of filing false tax returns.

In a plea agreement and at the sentencing hearing, Schute admitted he embezzled more than $365,000 from a privately-owned company between 2008 until he was fired in April 2013.  Schute embezzled the money by writing checks on the company bank account to pay personal credit cards and other bills.  Schute then concealed this conduct by falsifying the company books to make it appear the funds were expended on company debts.  When filing his tax returns for the tax years 2008 through 2013, Schute falsely concealed the funds he received from the embezzlement for his own personal use.  Illegal income is taxable.  Schute owes more than $86,000 in taxes on the illegal income.

Schute was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Schute was sentenced to 33 months’ imprisonment.  A special assessment of $200 was imposed, and he was ordered to make $306,848.56 in restitution to the company and its insurance company (Schute had previously paid back more than $56,000 in restitution to the victim company).  Schute must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Schute was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Internal Revenue Service and the Dubuque Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-1003.

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Ali Afif Al Herz, age 50, Bassem Herz, age 30, Sarah Zeaiter, age 24, and Adam Ben Ali Al Herz, age 22, all from Cedar Rapids, Iowa, have each been charged with conspiracy to provide a container or package containing firearms and ammunition to a common carrier without notice to the shipper.  The charges are contained in a Complaint unsealed today in United States District Court in Cedar Rapids.

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

The Affidavit alleges that of the 152 firearms seized from the two shipping containers, approximately 66 of the firearms are known to have been purchased by the four individuals in Cedar Rapids and surrounding areas.  As of the time filing the Complaint, whereabouts of at least 47 guns known to have been purchased by the group were unknown.

If convicted on all charges, each individual faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, a $100 in special assessment, and 3 years of supervised release following any imprisonment.­

All four individuals appeared today in federal court in Cedar Rapids and were held without bond. Ali Afif Al Herz’ next appearance will be a detention hearing set for May 15, 2015 at 10:00 a.m.  Bassem Herz is being held in custody by the U.S. Marshals pending further proceedings.  Sarah Zeaiter Herz’ next appearance will be a detention hearing set for May 15, 2015 at 2:00 p.m.  Adam Ben Ali Al Herz’ next appearance will be a detention hearing set for May 15, 2015 at 1:00 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 Murphy and was investigated by U.S. Immigration and Customs Enforcement, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The following agencies assisted with the execution of search and arrest warrants today: Bureau of Investigation and Identity Protection, Customs and Border Protection, Homeland Security Investigations, United States Marshals Service, Division of Narcotics Enforcement, Department, Iowa Department of Inspections and Appeals, Iowa Division of Criminal Investigation, Linn County Sheriff’s Office, Fayette County Sheriff’s Office, Iowa County Sheriff’s Office, Cedar Rapids Police Department, Hiawatha Police Department, Marion Police Department, Vinton Police Department,, Johnson County Drug Task Force, and the Iowa State Patrol.

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

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are 15-mj-136; 15-mj-137; 15-mj-138; 15-mj-139.

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Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa joins community leaders in a special day of celebrating 2015 Law Day.  The theme, “From Selma to Cedar Rapids” will highlight civil rights workers’ fight for civil rights, including the Selma marches for the right to vote.  The connection between historical events and current day issues will be examined in a series of three presentations at the Veterans Memorial Building.

Area high school students have been invited and will actively participate in program activities designed to empower them to take an active role in their community.  The general public is invited.

Follow this first of a kind event at #CRLawDay2015 and #FromSelma2CR.

Event Details

When:  Wednesday, May 13, 2015.

Where: Event begins at the steps of the U.S. Courthouse, 111 7th St SE, Cedar Rapids, Iowa, followed by a symbolic march along the river to the Veterans Memorial Building where the program will continue.

Time: 9:00 am. – 2:00 p.m.

law_day_flyer.pdf

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CEDAR RAPIDS, IOWA - This week the U.S. Fire Administration, an entity within Homeland Security’s Federal Emergency Management Agency, announced its theme highlighting the 2015 National Arson Awareness Week:  Accelerant Detection Canines – Sniffing out Arson.  In recognition of this week, the United States Attorney’s Office for the Northern District of Iowa and the State Fire Marshal Division within the Iowa Department of Public Safety agreed to combat the dangers of arson by sponsoring a training course of study.

Although America's fire losses today represent a dramatic improvement from more than 40 years ago, national statistics still reveal that fire kills over 3,000 and injures 17,000 people each year. Firefighters pay a high price for this terrible fire record as well; about 100 firefighters die on duty each year.  Direct property losses due to fire reach almost $12 billion a year.  US Attorney Kevin Techau stated, “Arson is a very dangerous and violent crime. It raises the risk of severe injury and even death to the public and responding firefighters and is often committed for profit as part of an insurance fraud scheme resulting in higher premiums passed on to innocent parties.”

“Arson is a cowardly crime and often difficult to prosecute without solid investigative tools and well-trained investigators,” stated Techau. He went on to add, “The type of training sponsored by the State Fire Marshal Division is crucial to solving these crimes as are leads that can be provided by everyday Iowans.  My office is committed to working with our law enforcement partners at all levels to aggressively investigate violent crimes of this nature that threaten our communities.”

Echoing Techau’s comments, State Fire Marshal Jeffrey Quigle offered, “The dynamic opportunity of pairing frontline fire investigators with prosecutors during this daylong training is a first for Iowa and should enhance the working partnership to combat arson related crimes.”

Major players involved in sniffing out the cause of arson crimes are the trained accelerant detection canines, the theme this year’s arson awareness week.  Iowa has three accelerant detection K-9 handlers.  The State Fire Marshal has one dedicated team headed by a Special Agent and his K-9 partner Pogo. The other two teams work out of fire departments in Cedar Rapids and Davenport.       

                             Pogo entered Accelerant Detection duties in 2013.

The K-9 teams have been instrumental in investigating and solving arson crimes but when supported by witness tips the chance for a successful prosecution is greatly enhanced. Both Techau and Quigle invite the public to provide information and possible important tips pertaining to fires suspected of being arson and on any unsolved arson case. US Attorney Techau stressed that, “Detecting, investigating and prosecuting arson crime is everyone’s fight.”

Both Techau and Quigle emphasized that public tips and information can be extremely valuable in solving the case.  If the public has information on any of these unsolved arsons they are encouraged to contact the State Fire Marshal State Division at 215 East 7th Street, Des Moines, Iowa 50319, or by calling 515-725-6145.

• December 12, 2003 – Henry County Courthouse. The fire occurred in the law library.  The law books were tossed on the floor and intentionally set on fire.
• September 28, 2003 – Vacant church fire in Wever.  Fire was started in the attic and was determined to be intentionally set.
• April 5, 2006 – Skateland Roller Skating Rink in Ft. Madison – There was evidence of a burglary that was likely attempted to be covered up by the arson.
• August 15, 2007 – Cross burning in the yard of a private residence in Salem.  The FBI joined in this investigation but no leads were uncovered.
• March 8, 2008 – First Presbyterian Church in Monticello.  Extensive damage to the front foyer and smoke and heat damage throughout.  The fire was determined to be intentionally set.
• September 10, 2013 – Residential fire at 2720 Ave A in Council Bluffs. Racial and sexual slurs were found spray painted throughout the house. There were no signs of forced entry into the home. An accelerant canine was used during the investigation. The fire was found to be suspicious in nature.
• January 16, 2015 – Residential fire at 2929 Ave G in Council Bluffs.  Gasoline was found poured throughout this residence and then lit on fire.

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Michael Darling, age 20, and Jennifer Darling, age 27, both of Marion, Iowa, have been indicted on charges of sexual exploitation of a child, enticement of a minor, and receipt of child pornography.  The charges are contained in an Indictment filed on April 23, 2015, in United States District Court in Cedar Rapids.

The Indictment alleges that, between January 2015 and March 2015, Michael and Jennifer Darling persuaded, induced, and enticed a minor female to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, and that they persuaded, induced, and enticed the minor female to engage in sexual activity.  The indictment also charges that they received child pornography.  In addition, the indictment alleges that, in 2007, Michael Darling was adjudicated delinquent for the offense of sexual abuse in the second degree.

If convicted on all charges, Michael Darling faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.  If convicted on all charges, Jennifer Darling faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Michael and Jennifer Darling made their initial appearance in federal court in Cedar Rapids on April 24, 2015, and Jennifer Darling appeared for a detention hearing today.  Michael Darling was held without bond, and Jennifer Darling was released on bond.  Their next appearance for trial is set for June 22, 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 Iowa Division of Criminal Investigation and the Jones 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 15-39.

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A Cedar Rapids man who illegally possessed a firearm pled guilty yesterday in federal court in Cedar Rapids.

Kendan Fonville, also known as “Fudd,” age 22, from Cedar Rapids, Iowa, was convicted of one count of Possession of a Firearm by an Unlawful Drug User and one count of Possession of a Firearm with an Obliterated Serial Number.

In a plea agreement, Fonville admitted that he illegally possessed a Bersa Thunder .380 caliber pistol in March 2012.  Fonville admitted that the pistol had an obliterated serial number, that he knew the serial number was obliterated, and that he was an unlawful drug user at the time he possessed the pistol.

Fonville has been in the custody of the United States Marshals Service since his arrest in October 2014.  After a detention hearing on October 22, 2014, Chief United States Magistrate Judge Jon Stuart Scoles ordered that Fonville be detained pending trial.  In so doing, Judge Scoles concluded that Fonville “is virtually a one-man crime spree.”  Judge Scoles explained that “despite being only 22 years old, [Fonville] has approximately 30 convictions,” including “11 convictions for assault, 6 convictions for interference with official acts, 4 convictions for public intoxication, and 3 convictions for trespass.”

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Fonville remains in custody of the United States Marshal.  Fonville faces a possible maximum sentence of 15 years’ imprisonment, a fine of up to $500,000, $200 in special assessments, and up to 6 years of supervised release following any imprisonment.

Cedar Rapids Police Chief Wayne M. Jerman stated following the plea, “The city has been concerned about the level of gun crime that has been occurring.  I truly appreciate the efforts of the prosecutors, investigators, and the patrol officers who remain committed to keeping Cedar Rapids safe.”

The case is being prosecuted by Assistant United States Attorney C.J. Williams and Special Assistant United States Attorney Ravi T. Narayan, and was investigated by the Federal Bureau of Investigation Safe Streets Task Force and the Cedar Rapids Police Department.

Court file - https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-117-LRR.

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Two Cedar Rapids men and one Cedar Rapids woman were sentenced in federal court today for their June 9, 2014, robbery of a drug dealer of his methamphetamine and cash.  Leonard Landt, age 28, was sentenced to 77 months’ imprisonment in federal prison.  Snofawn Torres, age 22, was sentenced to 44 months’ imprisonment in federal prison.  Bart Waddell, age26, was sentenced to 57 months’ imprisonment in federal prison.

All three were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Each defendant must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

All three 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 Attorneys Patrick Reinert and Lisa Williams and investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Iowa Division of Narcotics Enforcement, Cedar Rapids Police Department and the Drug Enforcement Task Force comprised of 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 14-CR-119.

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A man who illegally returned to the United States and used false documents to obtain employment was sentenced today to 18 months in federal prison.

Anacleto Morales-Carrera, age 40, an illegal alien living in Hampton, Iowa, received the prison term after a February 3, 2015, guilty plea to one count of unlawful use of identification documents, one count of misuse of a social security number, and one count of illegal reentry into the United States by an aggravated felon.

The evidence showed that Morales-Carrera was deported from the United States in January 2001 after having been convicted in Iowa of forgery, a felony offense.  The forgery conviction involved the possession of a fraudulent social security card in his name.  In November 2005, he was again deported from the United States after having been found in Iowa.  In January 2006, Morales-Carrera was convicted in Texas of illegal entry into the United States in December 2005, and again deported on January 12, 2006.  After that date, he yet again illegally reentered the United States and in August 2012, Morales-Carrera used a fraudulent permanent resident card and a fraudulent social security card, both in his name, to gain employment in Iowa.  However, the account number on the permanent resident card was fictitious and social security account was assigned to someone else.

Morales-Carrera was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Morales-Carrera was sentenced to eighteen 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.

Morales-Carrera 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-0002.

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A man who committed four bank robberies in Cedar Rapids was sentenced today to 31 years in federal prison.

Javon Dockery, age 29, of Cedar Rapids, Iowa, received the sentence after an October 2, 2014 guilty plea to four counts of bank robbery and one count of possession of a firearm in furtherance of a crime of violence.  At the guilty plea hearing, Dockery admitted that he robbed a Cedar Rapids branch of the US Bank on April 30 and June 26, 2014.  He also admitted that he robbed a Cedar Rapids branch of the Guaranty Bank on May 16 and May 29, 2014.  Further, Dockery admitted that, during the commission of the June 26 robbery, he brandished a firearm.

Dockery was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Dockery was sentenced to 372 months’ imprisonment.  A special assessment of $500 was imposed, and he was ordered to make $25,935 in restitution to the two banks.  He must serve a five-year term of supervised release after the prison term.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-68.

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A man who attempted to entice a minor to engage in criminal sexual activity pled guilty today in federal court in Cedar Rapids.

Colton Rickels, age 19, from Monticello, Iowa, was convicted of one count of attempted enticement of a minor.

At the plea hearing, Rickels admitted that, in October 2014, he used the Internet to attempt to persuade, induce, entice, or coerce a 12-year-old female to engage in sexual activity.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Rickels was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Rickels faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life 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 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 man who illegally returned to the United States and used false documents to obtain employment was sentenced today to fourteen months in federal prison.

Roberto Cruz-Rivera, age 37, an illegal alien living in Clarion, Iowa, received the prison term after a January 12, 2015, guilty plea to one count of unlawful use of identification documents, one count of misuse of a social security number, and illegal reentry into the United States by a felon.

The evidence showed that Cruz-Rivera was deported from the United States in July 2009 after having been convicted in Iowa of forgery, a felony offense. The forgery conviction involved the possession of two fraudulent permanent resident cards and a fraudulent social security card using a false name. In September 2009, Cruz-Rivera was convicted in Texas of illegal entry into the United States and again deported on October 5, 2009. Cruz-Rivera was apprehended upon illegally reentering the United States three more times and was again deported on October 9 & 10, 2009, and again on the 15th. After that date, Cruz-Rivera illegally reentered the United States and in April 2010, Cruz-Rivera used a fraudulent permanent resident card in his name and a social security number to gain employment in Iowa. However, the account numbers on the permanent resident card and social security account were assigned to someone else.

Cruz-Rivera was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Cruz-Rivera was sentenced to 14 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.

Cruz-Rivera 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-136-LRR.

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A woman who conspired to distribute methamphetamine was sentenced April 10, 2015, to eight years in federal prison.

Amanda Lee, age 23, from Alta, Iowa, received the prison term after a November 12, 2014, guilty plea to conspiracy to distribute 500 grams or more of methamphetamine mixture.

At the guilty plea, Lee admitted her involvement from February 2013 through February 2014, in a conspiracy that distributed at least 1500 grams of methamphetamine mixture.  On February 14, 2014, Sioux City police officers were dispatched to a motel where defendant stayed.  Officers found methamphetamine and a loaded revolver.  An iPhone was seized from defendant that revealed several text messages with drug-related content and drug-related photos.  Transcripts from the stored text messages revealed the defendant sold methamphetamine and possessed a handgun.  Defendant was being supplied methamphetamine and was re-selling it in the Sioux City area.

Lee was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Lee was sentenced to 96 months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, which consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Bureau of Immigration and Customs Enforcement; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshal Service; South Dakota Division of Criminal Investigation; and the Woodbury County Attorney’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-4039.

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Every April, National Crime Victims’ Rights Week (NCVRW) is held to promote victims’ rights and honor crime victims and those who advocate on their behalf. This year’s NCVRW will be held April 19-25 and the theme, “Engaging Communities. Empowering Victims.” presents the opportunity to highlight the diversity of our communities, expand partnerships to serve victims of crime, enhance efforts to meet victims where they are, and empower crime victims as they pursue justice and recovery.

U.S. Attorney Kevin Techau announced today that his office has partnered with the      6th Judicial Department of Correctional Services, Horizons-A Family Service Alliance, St. Luke’s Child Protection Center, Cedar Rapids Police Department, Deaf Iowans Against Abuse and Linn County Attorney’s Office to host events in the Cedar Rapids area throughout this week. These events encourage community members to be engaged, to empower victims, and to provide an opportunity to honor those impacted by crime.

“Ensuring victims are afforded their statutory rights is a top priority for my office and the Department of Justice,” said U.S. Attorney Techau. “By engaging the entire community, we are able to better serve all victims of crime and provide the necessary support through their journey to healing. This year’s theme emphasizes that we all have a role to play.”

On Sunday, April 19, 2015 the Opening Ceremony to kick off the week will be held at the 6th Judicial Department of Correctional Services, 951 29th Avenue SW, Cedar Rapids starting at   1 p.m. The Jennifer Clinton Award, which recognizes someone who has gone above and beyond the call of duty, will be presented to a deserving Cedar Rapids Police officer. The Clothes Line Project from Deaf Iowans Against Abuse will be on display. This project is a way for those affected by violence to highlight the problem of violence against women by designing a t-shirt depicting the impact of the crime on the victim. The public is invited to attend.

Deaf Iowans Against Abuse will be hosting an informal gathering with the Cedar Rapids Police Department and U.S. Attorney's Office with the deaf and hard of hearing communities. It will be held from 9 a.m. to 11 a.m. on Wednesday, April 22, at the office of Deaf Iowans Against Abuse, 1652 42nd St. NE, Suite D, Cedar Rapids. During this event, the Clothesline Project will also be on display. The public is welcome.

The week’s events will end with a Candlelight Vigil on Friday, April 24 at 7 p.m.  The vigil will be held at Horizons-A Family Service Alliance, 819 5th St SE. The public is invited to attend.

NCVRW honors and celebrates the achievements of the past thirty years in securing rights, protections, and services for victims. The bipartisan Victims of Crime Act (VOCA), passed by Congress in 1984, created a national fund to ease victims’ suffering. Financed by fines and penalties paid by offenders, the Crime Victims Fund supports victim assistance and services, such as rape crisis and domestic violence programs and victim compensation programs that pay victims’ out-of-pocket expenses such as counseling, funeral expenses, and lost wages. VOCA has also pioneered support efforts for victims of once-hidden crimes such as domestic and sexual violence. Outreach is increasingly focused on previously underserved victim populations, including victims of color, religious and ethnic minorities, LGBTQ victims, and immigrant populations to name a few. Efforts are being made to ensure that all victims, regardless of their background or the crime committed against them, receive the support they deserve.

For additional information about the 2015 National Crime Victims’ Rights Week and how to assist victims in your community, please contact the U.S. Attorney’s Office, Northern District of Iowa at 319-363-6333 or visit www.justice.gov/usao-ndia. For additional ideas on how to support victims of crime, visit the Office for Victims of Crime website, www.ovc.gov.

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Sioux City, Iowa – The company owner, a top executive and their company, Quality Egg LLC, were sentenced today in federal district court in Sioux City, Iowa, the United States Attorney’s Office for the Northern District of Iowa announced.

Austin “Jack” DeCoster, 81, of Turner, Maine, who owned Quality Egg, was sentenced to serve three months in prison to be followed by one year of supervised release, and fined $100,000.  His son, Peter DeCoster, 51, of Clarion, Iowa, who was Quality Egg’s Chief Operating Officer, was also sentenced to serve three months in prison to be followed by one year of supervised release, and fined $100,000.  Quality Egg was sentenced to pay a fine of $6.79 million and placed on probation for three years.  All three defendants were ordered to make restitution in the total amount of $83,008.19.  Quality Egg also agreed to forfeit $10,000 as part of its plea agreement with the government.  The defendants were sentenced by U.S. District Court Judge Mark W. Bennett in the Northern District of Iowa.

On June 3, 2014, Quality Egg, an egg production company with operations in Wright County, Iowa, pleaded guilty to one count of bribery of a public official, one count of introducing a misbranded food into interstate commerce with intent to defraud and one count of introducing adulterated food into interstate commerce.  Jack and Peter DeCoster each pleaded guilty to one count of introducing adulterated food into interstate commerce.  In plea agreements, the company and the father and son admitted that the company’s shell eggs were adulterated in that they contained a poisonous and deleterious substance, Salmonella Enteriditis, which may have rendered the eggs injurious to health.

During the spring and summer of 2010, adulterated eggs produced and distributed by Quality Egg were linked to approximately 1,939 reported consumer illnesses in multiple states—a nationwide outbreak of salmonellosis that led to the August 2010 recall of millions of eggs produced by the defendants.

"The message this prosecution and sentence sends is a stern one to anyone tempted to place profits over people's welfare.  Corporate officials are on notice.  If you sell contaminated food you will be held responsible for your conduct.  Claims of ignorance or ‘I delegated the responsibility to someone else’ will not shield them from criminal responsibility,” said U.S. Attorney Kevin W. Techau for the Northern District of Iowa.

“American consumers deserve to feel secure that the eggs they eat are safe and produced in sanitary conditions,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division.  “The Department of Justice will pursue and prosecute those whose criminal conduct compromises the safety of our food supply.”

Dr. Stephen Ostroff, FDA Acting Commissioner, said, “Food manufacturers have a responsibility to produce and sell food that is safe for consumers to eat. Eggs are commonly consumed nationwide, both on their own and as ingredients in other foods. When manufacturers fail to produce safe food, the FDA will take action to protect public health.”

As noted in the government’s memorandum regarding sentencing, Quality Egg personnel had, for years, disregarded food safety standards and practices and misled major customers, including Walmart, about the company’s food safety practices.  In the memorandum filed with the court, the government noted that since 2006, the company had commissioned tests to detect Salmonella Enteriditis in its layer barns and in the organs of its layer hens, that the results came back positive on 47 percent of the days tested, and that the frequency of positive test results grew in the months leading up to the August 2010 recall.  As part of the memorandum, the government also argued that the evidence indicated that Quality Egg personnel took steps to conceal from regulators and customers the company’s failures to follow food safety standards and practices, that Quality Egg created food safety plans that included inaccurate claims about the company’s biosecurity and pest control practices, and that Quality Egg falsified documents for the food safety audits required by various customers.

Quality Egg pleaded guilty to bribing an inspector of the U.S. Department of Agriculture (USDA) to release eggs that had been retained for quality issues.  Quality Egg acknowledged that, on at least two occasions in 2010, its employees gave a cash bribe to a USDA inspector.  The USDA inspector’s job responsibilities included inspecting shell eggs at one or more of Quality Egg’s production facilities in Iowa.  Quality Egg admitted that its employees provided the bribe to the USDA inspector (now deceased) in an attempt to corruptly influence the inspector to exercise his authority to release pallets of retained eggs for sale without re-processing the eggs as required by law and USDA standards.  The eggs had been retained or “red tagged” for failing to meet minimum USDA quality grade standards.  Former Quality Egg employee Tony Wasmund, 64, of Willmar, Minnesota, pleaded guilty in September 2012 to one count of conspiracy to bribe a public official, sell restricted eggs with intent to defraud and introduce misbranded food into interstate commerce with intent to defraud and mislead.  Wasmund is scheduled to be sentenced by U.S. District Court Judge W. Bennett on May 15 at 8:30 a.m.

Quality Egg also pleaded guilty to introducing misbranded eggs into interstate commerce with the intent to defraud.  As part of its plea agreement, Quality Egg admitted that, beginning no later than January 2006, and continuing through Aug. 12, 2010, its employees affixed labels to egg shipments that indicated false expiration dates with the intent to mislead state regulators and retail egg customers regarding the true age of the eggs.  Quality Egg acknowledged that there were a number of ways that the company mislabeled older eggs with newer processing and expiration dates prior to shipping the eggs to customers in California, Arizona and other states.  Sometimes Quality Egg personnel did not put any processing or corresponding expiration dates on the eggs when they were processed.  The eggs would be kept in storage for several days or up to several weeks.  Then, just prior to shipping the eggs, Quality Egg personnel labeled the eggs with processing dates that were false in that the dates were more recent than the dates that the eggs had actually been processed and with corresponding false expiration dates.

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, U.S. Department of Justice.  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.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-3024.

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The United States Attorney’s Office for the Northern District of Iowa sent out today reminders to summer camps concerning the need to make reasonable accommodations to accept children with disabilities.

“Summer camps present tremendous growth opportunities for children to learn independence, try new activities and gain self-confidence,” stressed United States Attorney Kevin Techau.  He further points out that, “The law requires camps to provide equal opportunities to children who are disabled when their needs can be reasonably accommodated.”

To help ensure that children with disabilities receive the opportunity to attend summer camp, the United States Attorney’s Office recently sent the attached flyer to hundreds of summer camps located within the Northern District of Iowa reminding them of their obligations under the Americans with Disabilities Act (“ADA”).

Under the ADA, summer camps, both private and those run by municipalities, must make reasonable modification to enable campers with disabilities to participate fully in all camp programs and activities.  This generally means that children with disabilities are entitled to attend any camp or activity that children without disabilities can attend, that camps must evaluate each child on an individual basis, and that camps must train their staff in the requirements of the ADA.  Camps are obligated to pay for the cost of any reasonable modifications necessary for children who are disabled to participate in camp activities, and parents should not be charged any additional fee beyond standard camp enrollment costs.

Additional information about the ADA is available at www.ada.gov or the ADA Information line at: 800-514-0301 (voice); 800-514-0383 (TTY).

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Sioux City, Iowa – The United States Attorney’s Office for the Northern District of Iowa will hold a press conference on April 13th following the sentencing in federal court of Quality Egg, LLC, Austin (Jack) DeCoster, and Peter DeCoster.

The egg production company was linked to a nationwide salmonellosis outbreak during the spring and summer of 2010.  There were nearly 2,000 reported consumer illnesses in multiple states, which led to the recall of millions of eggs produced by the company.

The United States Attorney, Kevin Techau, will be joined at the press conference by representatives from the FDA, USDA and Consumer Protection Branch of the US Department of Justice.

Event Details

When:  Monday, April 13, 2015

Where: U.S. Attorney’s Office, Ho-Chunk Centre, 600 Fourth St. Sioux City, Iowa.  Those wishing to attend need to report to the 6th Floor to get a pass and be escorted to the 7th Floor Conference Room.

Time: To follow after the sentencing, which begins at 9:00 a.m.

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A man who previously lived in Iowa City, and operated Xtreme Construction with his wife, was sentenced last week to serve one year in federal prison.

Antonio Grangeno Zuniga, formerly of Iowa City, received the prison term after a December 23, 2014, guilty plea to one count of being found after unlawfully re-entering the United States, following removal to Mexico.

According to facts admitted by Zuniga, a Mexican citizen, he was twice previously removed from the United States, on September 16, 2011, and again on August 23, 2013.  Thereafter, Zuniga unlawfully re-entered the United States and operated Xtreme Construction Company (Xtreme) with his wife, Samira Zuniga, from Iowa City.

In April 2011, nine workers employed by Xtreme were arrested by Immigration and Customs Enforcement while working for Xtreme and Eastern Iowa Construction on a roofing job in Hiawatha, Iowa.  The nine workers were determined to be unlawfully in the United States.  Shortly thereafter, Zuniga, his wife, and his family fled to Mexico to avoid the pending investigation.  When Zuniga’s wife returned several weeks later to retrieve their belongings, she was arrested, charged, convicted, and sentenced to prison for harboring illegal aliens.  Zuniga remained a fugitive until his arrest in southern California in October 2014. 

Zuniga was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Zuniga was sentenced to 12 months’ imprisonment and ordered to serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.  Zuniga 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 Richard L. Murphy and investigated by Immigration and Customs Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-0078-LRR.

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A woman and former bank employee who stole more than $140,000 from her former employer pled guilty today in federal court in Cedar Rapids.

Teresa Ann Kobriger, age 42, from Iowa Falls, Iowa, was convicted of 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.  She 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.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Kobriger remains free on conditions of release pending sentencing.  Kobriger faces a possible maximum sentence of 30 years’ imprisonment, a $1,000,000 fine, a $100 special assessment, and not more than five years of supervised release following any imprisonment.

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

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

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An Illinois man who purchased a handgun and more than 100 rounds of ammunition in Marion, Iowa, was sentenced to more than three years in prison yesterday in federal court in Cedar Rapids.

Montarrance Wilson, age 27, from Chicago, Illinois, received the prison term after a January 5, 2015, guilty plea to a one-count indictment charging him with being a felon in possession of a firearm and ammunition.

In a plea agreement, Wilson admitted that, on July 16, 2013, he purchased a handgun and more than 100 rounds of ammunition from a Marion, Iowa, man who had pawned the firearm.  In exchange for $700, the man retrieved the firearm from the Marion pawnshop and sold it and the ammunition to Wilson.  Later that same day, probation officers made an unannounced home visit to another felon’s apartment.  Wilson fled when the officers knocked on the door.  Inside, the officers found a bag belonging to Wilson containing the firearm and ammunition.  Wilson was arrested in Illinois on these charges in November 2014, and was removed to this district to answer charges.  Wilson was prohibited from possessing a firearm because he is a felon, having been convicted in 2007 of Deliver of Cocaine in Cook County, Illinois.

Wilson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Wilson was sentenced to 37 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system. Wilson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-0084-LRR.

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On Monday, March 30, 2015, a former director of the Clarke University bookstore in Dubuque, Iowa, who used a fictitious book supply company to falsely bill the University for more than $300,000.00, was sentenced to 57 months in prison in federal court in Cedar Rapids.  James Spaulding, age 35, from Longmont, Colorado, was convicted of one count of mail fraud and two counts of filing false tax returns.

On Tuesday, March 31, 2015, Spaulding’s friend and co-conspirator from Concord, New Hampshire, Thomas DeFelice, age 38, pled guilty to conspiracy to falsify corporate and personal tax returns in relation to falsely reporting the income from the fraud.

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.

Spaulding was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Spaulding was sentenced to 57 months’ imprisonment.  A special assessment of $200 was imposed, and he was ordered to make $318,900.55 in restitution to Clarke University.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

DeFelice entered his guilty plea before United States Chief Magistrate Judge Jon Stuart Scoles.  Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  DeFelice remains free on bond pending sentencing.  DeFelice faces a possible maximum sentence of three years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment.

The cases are being prosecuted by Assistant United States Attorney C.J. Williams and was 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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