Northern District of Iowa

A self-employed tax preparer and sports official for local athletic events who prepared and filed fraudulent federal tax returns was sentenced today to over a year in federal prison.

Keith Rath, 52, from Shellsburg, Iowa, received the prison term after a May 1, 2013, guilty plea to one count of aiding and assisting the preparation and filing of a false and fraudulent tax return.

In a plea agreement, Rath, who owned and operated a tax return preparation business, as well as a sports officiating business, in Shellsburg, admitted he prepared and filed a false tax return on behalf of a client, fraudulently increasing the amount of the client’s tax return. Rath also admitted he arranged to have the fraudulent portion of the client’s tax return deposited directly into Rath’s bank account. Rath admitted he did this without the client’s knowledge. Finally, Rath admitted he filed multiple other similarly false tax returns between 2008 and 2010.

“Knowingly falsifying documents that are filed with the IRS is a crime,” said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation. “Tax return preparers have a duty to prepare returns that comply with the law and are accurate.”

Rath was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Rath was sentenced to twenty-one months’ imprisonment to be followed by one year of supervised release. A special assessment of $100 was imposed and he was ordered to make $52,418 in restitution. There is no parole in the federal system.

Rath was released on conditions previously set by the United States District Court and is to surrender to the United States Marshal on August 22, 2013.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by 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 number is 13-12.

A Guatemalan man who illegally reentered the United States and unlawfully possessed ammunition was sentenced today to more than three years in federal prison.

Armando Ramiro Garcia-Arenales, age 30, from Waterloo, Iowa, received the prison term after a May 2, 2013, guilty plea to one count of illegal reentry into the United States after deportation by an aggravated felon and one count of unlawful possession of ammunition by a felon and illegal alien.

The evidence showed that on March 1, 2013, Garcia-Arenales was arrested following a traffic stop by officers of the Waterloo Police Department. A search of Garcia-Arenales’ car uncovered numerous rounds of 9 mm ammunition. Garcia-Arenales had previously been convicted in 2005 in Clayton County, Iowa, of the felony offenses of delivery of cocaine and possession of cocaine with intent to deliver.

On March 13, 2013, officers from the Department of Homeland Security, Immigration and Customs Enforcement (ICE), determined that Garcia-Arenales had previously been deported in October 2008 and had not received permission to reenter the United States. Garcia-Arenales had been arrested in May 2008 in an immigration enforcement action at Agriprocessors in Postville, Iowa. He was convicted in the United States District Court for the Northern District of Iowa of use of a fraudulent alien registration card and ordered removed from the United States.

Garcia-Arenales was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Garcia-Arenales was sentenced to 37 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Garcia-Arenales 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 officers from the Waterloo Police Department, and the Department of Homeland Security, Immigration and Customs Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-2008.

A man who robbed the Farmer’s Savings Bank in Frederika, Iowa, and pistol whipped a bank customer during the robbery, pled guilty today in federal court in Cedar Rapids.

Steven Vandewalker, 38, from Waterloo, Iowa, was convicted of one count of bank robbery and using a dangerous weapon to assault another person during the course of the robbery.

In a plea agreement, Vandewalker admitted he entered the Farmer’s Savings Bank in Frederika around 12:30 p.m. on October 23, 2012, carrying a handgun. Vandewalker was wearing a baseball cap and a mask covering the bottom of his face. After entering the bank, Vandewalker went into an office where a bank employee and a customer were talking and yelled at the two to get on the floor. Vandewalker then hit the customer in the face with the handgun, causing the customer to fall to the floor. Vandewalker then went behind the teller counter and had a teller give him cash from the drawers and the bank safe. Vandewalker then fled the bank with more than $36,000. On October 26, 2012, officers searched Vandewalker’s home in Waterloo, finding $26,000 in cash and a handgun.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Vandewalker remains detained pending sentencing. Vandewalker faces a possible maximum sentence of 25 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Iowa Division of Criminal Investigation, the Bremer County Sheriff’s Office, the Buchanan County Sheriff’s Office, the Waterloo Police Department, and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-2010.

A sex offender who failed to register with authorities was sentenced today to over three years in federal prison.

Dana Curry, 41, from Waterloo, Iowa, received the prison term after a March 25, 2013, guilty plea to one count of failing to register as a sex offender.

At the guilty plea, Curry admitted to failing to properly update his sex offender registration in Iowa from June 2010 through November 28, 2012. Curry was required to register because he was convicted in Arapahoe County, Colorado, of one count of Second Degree Sexual Assault.

Curry was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Curry was sentenced to 37 months’ imprisonment. A special assessment of $100 was imposed. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system.

Curry 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 was investigated by the United States Marshal’s Service and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-2003.

A man who distributed and received child pornography was sentenced July 24, 2013, to seven years in federal prison.

Gary Brummel, age 42, of Hull, Iowa, received the sentence after an April 17, 2013, guilty plea to one count of distributing child pornography and one count of receiving child pornography. At the guilty plea, Brummel admitted he knowingly used the Internet to distribute and receive child pornography.

Brummel was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Brummel was sentenced to 84 months’ imprisonment. A special assessment of $200 was imposed, and Brummel must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4095.

A Cedar Rapids man with two prior drug trafficking convictions under different names was sentenced today to almost twenty-two years in federal prison.

Gregory Givens, age 29, from Cedar Rapids, Iowa, received the prison term after a May 21, 2013, jury verdict finding him guilty of one count of possession of ammunition by a felon and one count of possession of crack cocaine with the intent to distribute.

The evidence at trial showed that on October 7, 2010, Givens was stopped by a Cedar Rapids police officer for a traffic violation. When conducting the traffic stop, officers smelled, then recovered a large quantity of marijuana and a box of 9mm ammunition from inside the car. Givens provided the police officer a false name and identification and lied about his criminal history. Later investigation showed Givens had twice been convicted in 2002 in Cook County, Illinois, under two different names, of felony possession of cocaine with intent to deliver.

The evidence also showed that on December 22, 2010, Cedar Rapids police officers executed a search warrant at an apartment where Givens was staying. As officers entered a bedroom, they found Givens with his hand in between the mattress and the headboard of the only bed in the room. During the search of the bedroom, officers found a large quantity of marijuana inside the mattress where Givens had his hand and crack cocaine on the floor where Givens was standing. Givens again provided a different false name to officers when he was arrested. Givens’ identity on all of his convictions and arrests was confirmed through fingerprint analysis.

Givens previously pled guilty to possession of marijuana with intent to deliver in Iowa District Court for the marijuana found on October 7 and December 22, 2010.

During his trial, Givens refused to acknowledge the jurisdiction of the United States District Court, refused to participate in his trial, and refused to be in the courtroom. At sentencing, Givens was removed from the courtroom for being disruptive.

Givens was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Givens was sentenced to 262 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, and Firearms and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-55.

April Tillman, 47, from Waterloo, was convicted of conspiracy to distribute heroin by a jury on July 24, 2013, after a three-day trial in federal court in Cedar Rapids.

The evidence at trial showed that from between about January 2007 and August 2012, Tillman was involved in a conspiracy with others in the Waterloo area to distribute at least 1,000 grams of heroin. Tillman assisted the conspiracy by obtaining heroin from Chicago, Illinois, and distributing it in Waterloo.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set for a future date. Tillman was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Tillman faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, up tp a $20,000,000 fine, $100 in special assessments, and at least ten years of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney Lisa C. Williams and was investigated by Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Drug Enforcement Administration (DEA) Task Force, Tri-County Drug Task Force, Homeland Security Investigations, Internal Revenue Service, and Federal Bureau of Investigation. The Cedar Rapids DEA Task Force consists of the DEA; Linn County Sheriff's Office; Cedar Rapids Police Department; Marion Police Department; Iowa Division of Narcotics Enforcement and the Sixth Judicial District Department of Correctional Services. The Tri-County Drug Task Force consists of the Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department; and Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-2024 (14).

Randy Patrie, age 40, from Charles City, Iowa, has been charged with committing four firearms offenses: 1) stealing firearms from a licensed firearms dealer; 2) possession of stolen firearms; 3) possession of firearms as a felon and an Armed Career Criminal; and 4) possession of sawed-off shotguns. The charges are contained in an Indictment filed on July 23, 2013, in the United States District Court in Cedar Rapids.

A prior criminal complaint alleged that, on or about July 4, 2013, Patrie was found in possession of more than 20 firearms during a search of his home by the Charles City Police Department. Officers searched Patrie’s home while investigating a burglary of a residence in Charles City that occurred on July 4, 2013. During the search, officers found 20 firearms stolen from Gilbert’s Sale Yard, located in rural Floyd, Iowa. Gilbert’s Sale Yard was burglarized on May 2, 2013. The Complaint further alleges that Patrie admitted to law enforcement officers that he committed the Gilbert’s Sale Yard burglary and stole the firearms, and he further admitted he knew he was prohibited from possessing the firearms because he was a convicted felon. According to the complaint, Patrie has the following prior felony convictions:

• Attempted Burglary in the 2nd degree, September 24, 1991, in the Iowa District Court for Mitchell County;

• Delivery of Methamphetamine on May 28, 1996, in the Iowa District Court for Floyd County; and

• Burglary 3rd Degree, on May 27, 2003, in the Iowa District Court for Floyd County.

The indictment charges Patrie in Count 1 with stealing the firearms from Gilbert’s Sale Yard, and in Count 2 with knowing possession of those stolen firearms. Count 3 charges Patrie with being a felon in possession of the firearms stolen from Gilbert’s Sale Yard, and with possessing three additional firearms. Count 3 also alleges Patrie is an armed career criminal in that he possessed the firearms after having been convicted of three or more violent crimes or serious drug offenses. Count 4 of the indictment alleges defendant also possessed two sawed-off shotguns.

If convicted, Patrie faces a possible maximum sentence of life in prison, a $1 million fine, $400 in special assessments, and 14 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 case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosive, the Iowa Division of Criminal Investigation, the Charles City Police Department, and the Floyd County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-cr-2016.

A man who conspired to distribute methamphetamine pled guilty July 23, 2013, in federal court in Sioux City.

Robert Skarin, 53, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.

At the plea hearing, Skarin admitted that from the beginning of 2013 through April 2013 he distributed more than 50 grams of actual (pure) methamphetamine in the Sioux City, Iowa area. Skarin admitted that on at least two occasions he and another person traveled to Omaha, Nebraska, to obtain methamphetamine for later distribution in Sioux City. On April 3, 2013, law enforcement conducted a traffic stop of a vehicle driven by Skarin with one passenger. A search yielded a brown paper bag rolled up and hidden inside Skarin’s right sock. The bag contained over 80 grams of actual (pure) methamphetamine. Skarin and his passenger intended to distribute some or all of this methamphetamine.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Skarin was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Skarin faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, which 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 the 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 13-4035.

A man who distributed child pornography pled guilty on July 17, 2013, in federal court in Sioux City.

Patrick Persinger, age 38, formerly of Sioux City, was convicted of one count of distribution of child pornography.

At the plea hearing, Persinger admitted that, between February 2011 and October 2011, he used the Internet to distribute child pornography.

Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Persinger remains in custody of the United States Marshal pending sentencing. Persinger faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his 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 Federal Bureau of Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4078.

A man who possessed a pipe bomb during an attempted theft was sentenced today to ten years in federal prison.

David Risse, 39, from Washburn, Iowa, received the prison term after an April 11, 2013, guilty plea to one count of possession of an unregistered firearm.

The evidence in the case showed that on November 10, 2012, deputies from the Black Hawk County Sheriff’s Office responded to a report of a larceny in progress in Elk Run Heights, Iowa. Risse was observed attempting to steal and load a riding lawn mower onto a trailer. Risse ran off when deputies arrived. After Risse was apprehended, he was placed in handcuffs for transport to jail. As Risse was about to be put in the squad car, he removed a pipe bomb from his waist band and threw it on the ground. The pipe bomb, a metal tube capped at both ends with a fuse hanging out of it, was filled with gun powder and capable of being detonated. Risse had previously been convicted of numerous offenses, including assault with injury, assault domestic abuse, possession of marijuana with intent to deliver, two burglaries, six thefts, and three convictions for operating while intoxicated.

Risse was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Risse was sentenced to the legal maximum of ten years’ 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.

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Black Hawk County Sheriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-2004.

A man who withheld federal taxes from his employees’ paychecks but did not forward the money to the Internal Revenue Service (“IRS”) pled guilty today in federal court in Cedar Rapids.

Eric Holub, 45, from Cedar Rapids, Iowa, was convicted of one count of failing to pay over to the IRS money he had withheld from his employees’ paychecks for federal employment taxes.

In a plea agreement, Holub admitted he was an owner of Premier Security, a private security business previously located in Cedar Rapids, and had served as the president and treasurer of the business from 2003 through 2011. Holub admitted that from January 2008 through December 2009, he was responsible for withholding income taxes and Federal Insurance Contributions Act (“FICA”) taxes from the pay of Premier Security employees and was responsible for forwarding those withholdings to the IRS. Holub admitted that, for six calendar quarters in 2008 and 2009, he failed to forward the money he withheld from his employees’ pay to the IRS, even though he knew he was required to do so. In the plea agreement, Holub further admitted he also failed to pay to the IRS other taxes owed by Premier Security from 2008 through 2011. In total, Holub admitted to failing to send to the IRS approximately $400,000 in taxes owed by Premier Security.
“IRS Criminal Investigation realizes the detrimental consequences of employment tax evasion. It results in the loss of tax revenue to the United States government and the possible loss of future social security or Medicare benefits for the employees,” said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation.

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

-more- The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by Internal Revenue Service Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-32.

Randy Patrie, age 40, from Charles City, Iowa, has been charged with one count of being a felon in possession of a firearm. The charges are contained in a Complaint filed on July 10, 2013, in United States District Court in Cedar Rapids.

The Complaint alleges that, on or about July 4, 2013, Patrie was found in possession of more than 20 firearms during a search of his home by the Charles City Police Department. Officers searched Patrie’s home while investigating a burglary of a residence in Charles City that occurred on July 4, 2013. During the search, officers found 20 firearms stolen from Gilbert’s Sale Yard, located in rural Floyd, Iowa. Gilbert’s Sale Yard was burglarized on May 2, 2013. The Complaint further alleges that Patrie admitted to law enforcement officers that he committed the Gilbert’s Sale Yard burglary and stole the firearms, and further admitted he knew he was prohibited from possessing the firearms because he was a convicted felon. According to the complaint, Patrie has the following prior felony convictions: on September 24, 1991, in the Iowa District Court for Mitchell County of Attempted Burglary in the 2nd degree; on May 28, 1996, in the Iowa District Court for Floyd County of Delivery of Methamphetamine; and on May 27, 2003, in the Iowa District Court for Floyd County, of Burglary 3rd.

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

Patrie appeared today in federal court in Cedar Rapids and was held pending a detention hearing scheduled for July 14, 2013, at 11:00 a.m.

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

The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosive, the Iowa Division of Criminal Investigation, the Charles City Police Department, and the Floyd County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-mj-196.

An man who defrauded investors through his company, Virtual Vision, Inc., pled guilty today in federal court in Cedar Rapids.

Jeffrey J. Kinseth, age 58, from Cedar Rapids, Iowa, was convicted of one count of wire fraud.

In a plea agreement, Kinseth admitted he was the president and principal shareholder of Virtual Vision, Inc. Kinseth admitted that, between March 2008 and September 2009, he solicited and accepted hundreds of thousands of dollars from at least eleven individual investors. Kinseth admitted falsely telling the investors all of their money would be invested through Virtual Vision as a purported pooled investment vehicle. Kinseth admitted he told the investors this, knowing he would, at least at times, fail to invest all of the investors’ money and use some of the money to make payments to earlier investors and for other purposes. Kinseth also admitted that, of the investor funds actually traded, he consistently sustained losses. Kinseth admitted fraudulently concealing his misappropriation and trading losses by creating and issuing false account statements to investors that falsely reflected purported profits from their trading.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Kinseth remains free on bond pending sentencing. Kinseth faces a possible maximum sentence of twenty years’ imprisonment, a fine equal to the greater of twice the gross gain or loss resulting from the offense, or $250,000, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation in cooperation with the Commodity Futures Trading Commission and the Office of the United States Trustee.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-51 LRR.

A man who possessed a firearm after being convicted of a felony offense was sentenced today to ten years in federal prison.

Thaddeus Southall, 31, from Waterloo, Iowa, received the prison term after an April 18, 2013, guilty plea to one count of possession of a firearm by a felon.

At the guilty plea, Southall admitted that on November 2, 2012, he assaulted an individual inside a convenience store in Waterloo, Iowa. As the victim left the store, Southall told the store clerk that he would come back and shoot the clerk if the clerk called the police. Outside the store, Southall again hit the victim who was seated inside a car. As the car drove off, Southall shot and hit the victim’s car. When officers from the Waterloo Police Department arrested Southall a short time later, Southall fought with officers, kicking one police officer in the head.

Southall was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Southall was sentenced to the legal maximum of ten years’ 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.

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, and Firearms.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-2006.

A north-Iowa man who conspired to fabricate grain elevator tickets, committed bankruptcy fraud, and impeded the Internal Revenue laws was sentenced on July 9, 2013, to more than three and one-half years in federal prison.

Michael Recker, age 47, from Arlington, Iowa, was convicted of one count of conspiring to fabricate false grain elevator scale tickets, one count of bankruptcy fraud, and one count of interfering with Internal Revenue laws.

At the plea hearing and in a written plea agreement, Recker admitted that in 2008 and 2009, he bribed an employee of a Northern Iowa grain elevator to create false and fictitious grain elevator scale tickets. During the conspiracy, the employee fabricated eight false grain elevator tickets, accepting thousands of dollars in bribes from Recker in exchange. The grain elevator paid Recker more than $20,000 based on the false grain elevator tickets. Recker also admitted that he had sold a combine at auction for approximately $50,000.00 prior to filing for bankruptcy protection in the United States Bankruptcy Court for the Northern District of Iowa. In bankruptcy documents, Recker did not disclose the proceeds still owed to him by the auction company and when questioned about the proceeds, Recker lied to the court, claiming he never owned the combine or had an interest in its proceeds. Finally, Recker admitted that he tried to obstruct or impede the administration of the Internal Revenue laws by trying to hide and conceal his taxable income by, among other ways, having the checks from the grain elevator fraud made payable to his then-girlfriend and passing them, and the bribes, through a bank account established in her name.

Recker was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Recker was sentenced to 46 months’ imprisonment. A special assessment of $300 was imposed, and he was ordered to make $26,267.24 in restitution to the grain company. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.

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

This case arose in part from work of the North Iowa Bankruptcy Fraud Task Force, which consists of the United States Attorney’s Office, the Office of the United States Bankruptcy Trustee, the Internal Revenue Service Criminal Investigation Division, and the Federal Bureau of Investigation.

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Office of the United States Bankruptcy Trustee, the Internal Revenue Service Criminal Investigation Division, the United States Department of Agriculture Office of Inspector General, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-cr-2027-LRR.

A man who previously had been convicted of Burglary in 2004 was sentenced July 8, 2013, to over 7 years in federal prison.

Johnnie Hawkins, age 27, from Sioux City, Iowa, received the prison term after a March 27, 2013, guilty plea to one count of bank robbery.

Evidence presented by the United States at the guilty plea and two-day sentencing revealed Hawkins had been convicted of burglary in 2004. During the fall of 2012, Hawkins was trafficking and distributing marijuana in and around Sioux City, Iowa. On or about November 8, 2012, Hawkins, knowingly obtained a Colt Defender .40 caliber, semi-automatic handgun and ammunition that he knew was stolen.

On November 10, 2012, Hawkins, robbed the Heritage Bank at 4530 Singing Hills Boulevard, in Sioux City, Iowa, of $5,954.00. Hawkins possessed and brandished the stolen and loaded handgun in furtherance of the bank robbery. Hawkins threatened and physically restrained a bank teller in furtherance of the bank robbery.

Hawkins was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Hawkins was sentenced to 90 months= imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term, and he was ordered to make $5954 in restitution to Heritage Bank. There is no parole in the federal system.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4116.

The case was investigated by officers of the Sioux City, Iowa, Police Department and special agents of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.

A man who distributed child pornography, was a drug user in possession of a firearm, and destroyed evidence was sentenced July 3, 2013, to 66 months in federal prison.

Lennon Slade, age 27, of Rock Rapids, Iowa, received the sentence after a February 14, 2013, guilty plea to one count of distribution of child pornography and one count of destruction of evidence, and a May 30, 2012, guilty plea to one count of being a drug user in possession of a firearm. At the guilty pleas, Slade admitted that he distributed child pornography, that he was a drug user in possession of a firearm, and that he destroyed evidence when officers were attempting to execute a search warrant at his house.

Slade was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Slade was sentenced to 66 months’ imprisonment. A special assessment of $300 was imposed, and Slade must also serve a five-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 Attorneys Forde Fairchild and Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, and the Lyon 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 numbers are CR 12-4080 and CR 12-4015.

A man who made false statements for purposes of influencing a financial institution was sentenced July 8, 2013, to two years in federal prison.

Raymond A. Schaefer, 41, from Mason City, Iowa, received the prison term after a March 21, 2013, guilty plea to making a false statement.

At the guilty plea, Schaefer admitted he obtained a promissory note and received a $435,000 FSA (Farm Service Agency) guaranteed line-of-credit through MidWestOne Bank. The note specified that FSA would guarantee 90% of the farm operating line-of-credit for the crop years 2006 through 2010. The terms of the loan required that the principle be paid down to $100 annually prior to advancing money for the next crop year, with accrued interest paid. The terms also required Schaefer to supply accurate periodic financial statements. In late 2007 and early 2008, the bank learned Schaefer was behind on his payments to various other debtors for farm inputs. In preparing the 2008 balance sheet, Schaefer provided information to the bank, misrepresenting the value and existence of his assets, in an attempt to convince the bank that his financial situation was better than it actually was (for example, Schaefer indicated that he had 68,000 bushels of corn and 4,000 bushels of soybeans, when in fact he had none). Schaefer gambled large amounts of money obtained from his FSA line of credit loan and other financing, much of which was previously deposited into his used car business checking account and then withdrawn from the account unbeknownst to his various lenders, including MidWestOne Bank. To fund his gambling, Schaefer depleted the balance of his car lot bank account and his farm account with MidWestOne Bank.

Schaefer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Schaefer was sentenced to 24 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $370,803.89 in restitution, $157,587.43 to MidWestOne Bank and $213,216.46 to Farm Service Agency. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.

Schaefer was released on the bond previously set and is to surrender to the United States Marshal on July 29, 2013.

The case was prosecuted by Assistant United States Attorney Jamie Bowers and United States Attorney Sean Berry. It was investigated by the U.S. Department of Agriculture-Office of Inspector General, the Farm Service Agency, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3047.

An illegal alien from El Salvador who used false identity documents to gain employment and falsely claimed to be an United States citizen was sentenced today to more than thirteen months in federal prison.

Julian Reyes Ferrer-Hernandez, age 27, from Waterloo, Iowa, received the prison term after an April 2, 2013 jury verdict finding him guilty of one count of unauthorized use of a Social Security number not assigned to him, one count of unlawful use and possession of a fake social security card and fake permanent resident card to gain employment in the United States, one count of making a false claim of being a lawful permanent resident alien on an Immigration I-9 form, one count of falsely claiming to be an United States citizen, and one count of making a false statement regarding his employment during an interview with immigration officers.

Evidence at trial showed that on March 14, 2012, Ferrer-Hernandez was arrested in Waterloo, Iowa, for public intoxication. At the time of his arrest, Ferrer-Hernandez provided a Waterloo police officer with six different identity cards, including a fake social security card and a fake lawful permanent resident alien card. The permanent resident number was assigned to a Nigerian. Officers also seized two El Salvadoran identity cards and two fake California ID cards. Ferrer-Hernandez was born in, and is a citizen of, El Salvador.

Testimony showed that Ferrer-Hernandez used the fake social security card and the fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on May 19, 2008, falsely claiming to be a lawful permanent resident alien. Immigration I-9 forms are required to be completed by all employees working within the United States. Ferrer-Hernandez worked in Waterloo, Iowa, continuously from May 2008 through February 2012.

On April 16, 2012, Ferrer-Hernandez was questioned by an officer with Homeland Security. During that interview Ferrer-Hernandez first claimed he was born in El Salvador, then falsely claimed he was a United States citizen born in an unknown city in Texas. Ferrer-Hernandez also falsely stated that he had not been employed in the United States since 2005.

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Ferrer-Hernandez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Ferrer-Hernandez was sentenced to 407 days imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.

Ferrer-Hernandez is being held in the United States Marshal’s custody until he can be turned over to the Department of Homeland Security, Immigration and Customs Enforcement for deportation proceedings.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by officers from the Waterloo Police Department, the Black Hawk County Sheriff’s Office, and the Department of Homeland Security, Immigration and Customs Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-2012.

A man who defrauded local retailers by switching UPC codes on consumer products pled guilty today in federal court in Cedar Rapids.

Jeremy J. Fishnick, age 26, from Lancaster, Wisconsin, was convicted of one count of wire fraud.

In a plea agreement, Fishnick admitted that, between at least July 2012 and November 20, 2012, he using home computer equipment and a printer to create fraudulent UPC codes on adhesive labels. He then entered retail stores and covered real UPC codes on higher-priced models of certain products using the fraudulent UPC codes he created. In so doing, Fishnick caused the items to reflect substantially lower prices when electronically scanned at checkout. Fishnick admitted fraudulently purchasing products from stores in, at least, Dubuque, Iowa, Maquoketa, Iowa, Anamosa, Iowa, Cedar Rapids, Iowa, Coralville, Iowa, Monticello, Iowa, and Prairie Du Chien, Wisconsin. Fishnick also admitted his scheme caused a loss to retailers of more than $30,000.

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

The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Dubuque, Iowa, Police Department; the Maquoketa, Iowa, Police Department; the Anamosa, Iowa, Police Department; the Cedar Rapids, Iowa, Police Department; the Coralville, Iowa, Police Department; the Monticello, Iowa, Police Department; the Vinton, Iowa, Police Department; the Lancaster, Wisconsin, Police Department; and the Prairie Du Chien, Wisconsin, Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-1009 LRR.

A man who was an accessory in robbing a bank in Fort Dodge, Iowa pled guilty June 27, 2013, in federal court in Sioux City.

Christopher Anderson, II, age 26, from Omaha, Nebraska, was convicted of one count of accessory-after-the-fact to bank robbery.

Information presented by the United States at the plea hearing revealed that on February 7, 2013, Anderson, drove another party to a location near a bank in Fort Dodge, Iowa. After robbing the bank, the other party returned to Anderson’s car, appeared to be in a hurry, appeared to be holding a bag, and urged Anderson to drive away quickly. Based on these observations Anderson concluded the other party had just committed a robbery. Anderson then drove the other party to Omaha, Nebraska, in order to help the bank robbery escape arrest, prosecution and imprisonment for the Fort Dodge, Iowa, robbery. Anderson was given $1,000 and he concluded this money was stolen and given to him in exchange for his help.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Anderson remains free on bond previously set pending sentencing. Anderson faces a possible maximum sentence of not more than 10 years’ imprisonment, a $125,000 fine, a $100 in special assessment, and up to five years of supervised release following any imprisonment.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-3021.

This case was investigated by officers of the Fort Dodge, Iowa, Police Department, the Omaha, Nebraska Police Department, and Special Agents of the Department of Justice’s Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.

Michael Clayton, age 43, from Omaha, Nebraska, has been charged with one count of bank robbery. The charges are contained in an Indictment filed on May 22, 2013, in United States District Court in Sioux City.

The Indictment alleges that, on or about February 7, 20132, Clayton robbed the C.S. Bank in Fort Dodge, Iowa.

If convicted Clayton faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 3-years of supervised release following any imprisonment.

Clayton appeared on June 12, 2013 in federal court in Sioux City and was held without bond. Clayton’s next appearance will be his trial which is set for August 5, 2013.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 13-3022.

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

The case was investigated by the Fort Dodge Police Department and the DOJ’s Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Forde Fairchild.

The Cedar Rapids Safe Streets Task Force continues to make Cedar Rapids safer. United States Attorney Sean R. Berry reported the Task Force’s recent accomplishments at a press conference held at the Cedar Rapids Police Department. Other participants in the press conference included Linn County Attorney Jerry Vander Sanden, Federal Bureau of Investigation Special Agent in Charge Thomas Metz, and Cedar Rapids Police Chief Wayne Jerman.

“The Safe Streets Task Force targets the most dangerous criminal offenders in our area – with a special focus on those who unlawfully use and possess firearms” said Berry. “This focus helps ensure the public’s law enforcement resources are put to their best and most efficient use.”

In June 2009, following a spike in violent crime in the Cedar Rapids area, federal, state and local law enforcement agencies met to share intelligence regarding local gang activity and to assess the need for a formal task force to combat gang, drug, and violent criminal activity. As a result, the Cedar Rapids Safe Streets Task Force was formed in September of 2009. The task force acts as a repository for gang related intelligence in the Cedar Rapids area and coordinates federal, state and local resources to target the worst and most dangerous offenders in the area.

The task force today is led by the Federal Bureau of Investigation and composed of representatives from the Cedar Rapids Police Department and the Sixth Judicial District Department of Correctional Services. Task force personnel work closely with the Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; United States Marshals Service; Iowa Division of Criminal Investigation; Marion Police Department; Linn County Sheriff’s Office; and Iowa Department of Inspections and Appeals. Task force cases are prosecuted by the United States Attorney’s Office and the Linn County Attorney’s Office.

Resources from the Safe Streets Task Force are available to all law enforcement agencies with related investigations, whether or not those agencies are members of the task force.

According to Special Agent in Charge Thomas Metz of the FBI, “the Cedar Rapids Safe Streets Task Force combines federal law enforcement’s national perspective and resources with local law enforcement’s experience and familiarity in the local community. This formula has worked well in other parts of the country since 1992 and has been an effective means of addressing local gang, drug and violent crime here in Cedar Rapids.”

“I am committed to keeping the streets of Cedar Rapids safe,” said Cedar Rapids Police Chief Wayne Jerman. “One way we will do this is by holding offenders accountable. If someone commits a crime in Cedar Rapids with a weapon, expect to be arrested and prosecuted to the fullest extent. It is through partnerships with the Department of Corrections and the FBI, that we can form the Safe Streets Task Force and arrest those that violate our gun laws. And with prosecution from the United States Attorney’s and Linn County Attorney’s offices, we are able to hold offenders accountable to the fullest extent. The Cedar Rapids Police Department will not tolerate violence, especially violence with the use of a firearm in Cedar Rapids.”

Linn County Attorney Jerry Vander Sanden said, “through a collaborative teamwork approach, the Cedar Rapid's Safe Streets Task Force has demonstrated great success in apprehending and prosecuting violent offenders which makes our community a safer place in which to live. The Linn County Attorney’s Office is grateful to be a part of this effort and we are committed to promoting the objectives of the task force by concentrating our resources on the vigorous prosecution of those who commit crimes of violence.”

In recent weeks, the task force’s work has resulted in the following matters in federal court in Cedar Rapids:

Recent Arrests and Indictments

● On June 27, 2013, Clyde Bell Jr. was arrested on charges of unlawfully possessing a .25 caliber semi-automatic handgun. Bell allegedly possessed the handgun on or about April 23, 2013 following a felony conviction in Cook County, Illinois, for aggravated unlawful use of a weapon, and following a misdemeanor conviction in Linn County, Iowa, for domestic abuse assault causing injury. The case file number is CR 13-34.

● On June 27, 2013, Dustin Whitford was indicted on charges of unlawful possession of a .360 caliber pistol. Whitford allegedly possessed the pistol on or about June 19, 2013, following a felony conviction for possession of drug precursors in Linn County, Iowa. Whitford is in law enforcement custody pending his first appearance in federal court. The case file number is CR 13-50.

● On June 27, 2013, Ramius Hardiman made his first appearance in federal court on charges of unlawfully possessing a 9 millimeter pistol. Hardiman allegedly possessed the pistol on or about May 8, 2013 following a felony conviction in Linn County, Iowa, for involuntary manslaughter. The case file number is CR 13-37.

● On or about June 27, 2013, Demetrius Hardiman was arrested on charges of unlawfully disposing of a 9 millimeter pistol to Ramius Hardiman, knowing and having reasonable cause to believe Ramius Hardiman had been convicted of a crime punishable by imprisonment for a term exceeding one year. Demetrius Hardiman allegedly gave the pistol to Ramius Hardiman on or about May 8, 2013. The case file number is CR 13-37.

● On or about June 27, 2013, Eric Lavell Johnson was arrested on charges of unlawfully possessing two .22 caliber firearms. Johnson allegedly possessed the firearms on or about February 19, 2013 while Johnson was an unlawful user of marijuana. Johnson has also been charged with possession of marijuana with intent to distribute on or about February 19, 2013. The case file number is CR 13-39.

● On or about June 26, 2013, Rhamond Bolden was arrested on charges of unlawfully possessing a 9 millimeter pistol and ammunition. Bolden allegedly possessed the firearm and ammunition on or about April 7, 2013 while Bolden was an unlawful user of marijuana. The case file number is CR 13-40.

● On June 26, 2013, Austin Curtis was indicted on charges of unlawfully possessing a 9 millimeter pistol while being a fugitive from justice. Curtis allegedly possessed the firearm on or about April 22, 2013. Curtis is in law enforcement custody pending his first appearance in federal court. The case file number is CR 13-46.

● On June 26, 2013, Colby Palmer was indicted on charges of unlawfully possessing a .357 magnum revolver, .357 magnum ammunition, and a .22 caliber pistol. Palmer allegedly possessed the firearms and ammunition on or about June 6, 2013 following felony convictions for burglary and interference with the official acts of a correctional officer inflicting bodily injury in Linn County, Iowa. Palmer is in law enforcement custody pending his first appearance in federal court. The case file number is CR 13-41.

● On June 26, 2013, Daevon Evans was indicted on charges of unlawfully possessing a 9 millimeter pistol. Evans allegedly possessed the pistol on or about June 23, 2013 while Evans was an unlawful user of marijuana. Evans is in law enforcement custody pending his first appearance in federal court. The case file number is CR 13-43.

● On June 4, 2013, William Robison was indicted on charges of unlawfully possessing a 9 millimeter handgun with an obliterated serial number and unlawful possession of 9 millimeter ammunition. Robison allegedly possessed the firearm and ammunition on or about April 18, 2013 while Robison was an unlawful user of marijuana. Robison is in law enforcement custody pending his first appearance in federal court. The case file number is CR 13-35.

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

Recent Convictions and Sentences

● On June 4, 2013, Kelsey Beckett was sentenced to 30 months’ imprisonment for possession of a firearm with an obliterated serial number. Beckett’s co-defendant, Andre Kase, was sentenced on May 9, 2013, to 71 months’ imprisonment for being a felon in possession of a firearm. Beckett and Kase were arrested together on October 8, 2012, after a neighbor reported they were attempting to break into a house in Cedar Rapids. Both were found to be in possession of loaded firearms. The case file number is CR 12-55.

● On May 21, 2013, Gregory Givens was convicted by a jury of one count of being a felon in possession of a firearm, and one count of possession of crack cocaine with intent to distribute. Evidence at trial showed that, on October 7, 2010, Givens was stopped by a Cedar Rapids police officer for a traffic violation. Givens was found to have a large quantity of marijuana and a box of 9 millimeter ammunition in the car. A December 22, 2010, search warrant at Givens’ residence produced additional marijuana and crack cocaine. Givens had previously been convicted in Cook County, Illinois, of felony possession of cocaine with intent to deliver. The case file number is CR 12-55.

● On May 7, 2013, Kevin Herring was sentenced to 90 months’ imprisonment for being a felon and domestic abuser in possession of a firearm. The sentence followed Herring’s guilty plea for possessing an assault rifle on March 24, 2012. Herring had three prior convictions for domestic abuse assault and one prior conviction for domestic abuse assault causing bodily injury; all in Linn County, Iowa. Herring also had one prior conviction for felony possession of a controlled substance from Cook County, Illinois. The case file number is CR 12-93.

Request for Public Assistance

Law enforcement is also seeking the public’s assistance in locating the following person in connection with federal weapons charges:

● Name: Andre Corbett
Age: 24
Height: 5 ft. 10 in.
Weight: 220 lbs.

Last known address: 11 Glenbrook Dr. SE # 204, Cedar Rapids
[photo at http://www.justice.gov/usao/ian/press/Jun_13/Corbett_Andre.pdf]

Anyone who knows the whereabouts of this person is asked to call the Cedar Rapids Police Department at 286-5491, or Linn County Crime Stoppers at 1-800-CS-Crime (272-7463) to report information anonymously. Persons can also provide information via text message by sending a text to CRIMES (274637) and, in the message/subject area, type 5227 along with the information.

A man who conspired to distribute methamphetamine was sentenced June 13, 2013, to ten years in federal prison.

Gabriel Ginger, 26, from Spencer, Iowa, received the prison term after a January 30, 2013, guilty plea to one count of conspiring to distribute methamphetamine.

At the guilty plea, Ginger admitted his involvement in a conspiracy from about 2010 through August 2011 that distributed more than 50 grams of actual (pure) methamphetamine. On July 21, 2011, law enforcement officers executed a search warrant at Ginger’s residence and seized over 10 grams of methamphetamine which Ginger planned to distribute to others.

Ginger was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Ginger was sentenced to 120 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.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4049.

A man who distributed and received child pornography was sentenced June 26, 2013, to eighteen years in federal prison.

Jeffrey Huygens, age 47, of Sioux City, Iowa, received the sentence after a February 25, 2013, guilty plea to one count of distributing child pornography and one count of receiving child pornography. At the guilty plea, Huygens admitted he knowingly used the Internet to distribute and receive child pornography. Huygens also admitted that, in 1990, in Island County, Washington, he was convicted of Child Molestation in the First Degree.

Huygens was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Huygens was sentenced to 216 months’ imprisonment. A special assessment of $200 was imposed, and Huygens 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 Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4094.

A man who distributed child pornography was sentenced June 25, 2013, to fifteen years in federal prison.

Chad Carver, age 28, of Sioux City, Iowa, received the sentence after a February 28, 2013, guilty plea to one count of distributing child pornography. At the guilty plea, Carver admitted he knowingly used the Internet to distribute child pornography.

Carver was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Carver was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed, and Carver 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 Iowa Division of Criminal Investigation and the Federal Bureau of Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4079.

There will be a press conference held on Friday, June 28, 2013, at 1:00 p.m., at the Cedar Rapids Police Department, 505 First Street SW, in Cedar Rapids. United States Attorney Sean Berry and other law enforcement officials, including those from the Federal Bureau of Investigation and the Cedar Rapids Police Department, will discuss the Cedar Rapids Safe Streets Task Force and will announce several new arrests and indictments in federal firearms cases.

The Cedar Rapids Safe Streets Task Force is a federal, state, and local law enforcement initiative aimed at addressing gang-related and violent crime in the Cedar Rapids area.

Press releases and interview opportunities will be available.

A man who conspired to manufacture and distribute methamphetamine was sentenced June 19, 2013, to eleven years in federal prison.

Randy Feauto, 31, from Fort Dodge, Iowa, received the prison term after a February 22, 2013, guilty plea to one count of conspiracy to manufacture and distribute methamphetamine and one count of possession of a firearm by a felon. On February 6, 2012, Feauto was convicted of delivery of a simulated controlled substance in the Iowa District Court for Buena Vista County.

At the guilty plea, Feauto admitted his involvement from about 2009 through September 2012, in a conspiracy to manufacture and distribute 50 grams or more of actual (pure) methamphetamine in the Fort Dodge, Iowa, area. On two occasions in May 2011, Feauto distributed over 2 grams of actual (pure) methamphetamine to an individual cooperating with law enforcement. Feauto possessed a .380 auto handgun in connection with his drug trafficking offenses. On August 17, 2012, in Fort Dodge, Iowa, law enforcement officers executed a search warrant at Feauto’s residence and officers seized the firearm from between the mattress and box spring in Feauto’s bedroom. Officers also seized a quantity of MSM (a known cutting agent for methamphetamine), marijuana and digital scales.

Feauto was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Feauto was sentenced to 132 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Webster County Sheriff’s Office, Fort Dodge Police Department, and Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3046.

Brian Skou, age 26, of Fort Dodge, Iowa, has been indicted on federal child pornography charges. The charges are contained in an Indictment unsealed June 19, 2013, in United States District Court in Sioux City.

The Indictment alleges that, between 2007 and 2012, Skou received and possessed child pornography.

If convicted on all charges, Skou faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, $750,000 in fines, a $300 special assessment, and at least 5 years and up to life on supervised release following any imprisonment.

Skou appeared on June 19, 2013, in federal court in Sioux City and was released on bond. Skou’s next appearance for trial is set for August 5, 2013.

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 Webster County Sheriff’s Office and the Fort Dodge 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 13-3019.

A man who conspired to distribute methamphetamine was sentenced June 13, 2013, to ten years in federal prison.

Ricardo Ballesteros, 29, from Spencer, Iowa, received the prison term after a September 13, 2012, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Ballesteros admitted his involvement in a conspiracy that distributed more than 10 pounds of mixed methamphetamine from 2010 through August 2011. On two occasions in June 2011, Ballesteros aided and abetted the distribution of more than 13 grams of actual (pure) methamphetamine to an individual cooperating with law enforcement.

Ballesteros was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ballesteros was sentenced to 120 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.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4048.

A man who sold heroin to a person who overdosed and died from using the heroin pled guilty on June 13, 2013, in federal court in Cedar Rapids.

Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, was convicted of distribution of heroin resulting in death. At the plea hearing, Briggs admitted that on July 3, 2013, he sold $100 worth of heroin to an individual identified as S.R., and that S.R. died as a result of using that heroin.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Briggs remains in custody of the United States Marshal pending sentencing. Briggs 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 up to a lifetime term of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by the Platteville, Wisconsin, Police Department, and the Dubuque, Iowa, Drug Task Force.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 2:13-CR-01004-LRR.

A man who possessed child pornography was sentenced June 13, 2013, to nine years in federal prison.

James Sumner, age 50, from Cedar Rapids, received the sentence after a March 15, 2013, jury verdict finding him guilty of three counts of possession of child pornography.

Sumner was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sumner was sentenced to 108 months’ imprisonment. A special assessment of $300 was imposed, and Sumner 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 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 12-92.

A man who conspired to distribute methamphetamine was sentenced June 11, 2013, to 10 years in federal prison.

Troy Fulkerson, 42, from Fort Dodge, Iowa, received the prison term after a January 15, 2013, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine.

At the guilty plea, Fulkerson admitted his involvement in a conspiracy from about 2011 through October 2012 that distributed more than 150 grams of actual (pure) methamphetamine in the Fort Dodge, Iowa, area. Fulkerson also admitted to distributing more than 19 grams of methamphetamine during four separate transactions to individuals cooperating with law enforcement. On October 1, 2012, law enforcement officers executed a search warrant at Fulkerson’s residence, and seized over 30 grams of actual (pure) methamphetamine which Fulkerson admitted he planned to distribute to others. At the time the search warrant was executed, Fulkerson resided within 1000 feet of a protected location, the Holy Rosary School Park in Fort Dodge.

Fulkerson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Fulkerson was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.

Fulkerson 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 was investigated by the Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, Webster County Sheriff’s Office, Clay County Sheriff’s Office, Story County Sheriff’s Office, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3049.

Chad Root, 41, from Waukon, Iowa, has been charged with possessing firearms as a felon, attempting to manufacture methamphetamine, conspiring to manufacture methamphetamine, and possession of pseudoephedrine. The charges are contained in a Superseding Indictment filed on June 5, 2013 in United States District Court in Cedar Rapids.

The Superseding Indictment alleges Root possessed ten different firearms, including one with an obliterated serial number, after having been convicted of multiple felony offenses, including Burglary in the Second Degree, Possession of Burglary Tools, Attempted Burglary in the Second Degree, Unauthorized Possession of Offensive Weapons, Possession of a Firearm as a Felon, and Possession of Methamphetamine with Intent to Deliver. The Superseding Indictment also alleges that, for a period of about one year, Root agreed and conspired with others to manufacture methamphetamine, and that Root was attempting to manufacture methamphetamine on April 29, 2013. An affidavit filed in the case alleges the firearms were located in Root’s residence during the execution of a search warrant on April 29, and that Root was located in the garage with an active “one-pot” methamphetamine lab.

If convicted, Root faces a mandatory minimum sentence of 10 years’ imprisonment, a possible maximum sentence of life imprisonment, a fine of up to $8,000,000, $400 in special assessments, and at least 8 years and up to a lifetime term of supervised release following any imprisonment.

Root first appeared on April 30, 2013 in federal court in Cedar Rapids pursuant to a criminal complaint, and was ordered detained pending trial. Trial is currently set for September 9, 2013.

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 Justin Lightfoot and was investigated by Iowa Division of Narcotics Enforcement, the Iowa State Patrol, the Decorah Police Department, the Monona Police Department, the Waukon Police Department, the Postville Police Department, and the Allamakee County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-1007.

Dennis Schuller, D.D.S., a Cedar Rapids dentist, has agreed to pay $100,000 to resolve allegations that he violated the False Claims Act by improperly billing the Medicaid system for certain x-rays and exams, medically unnecessary procedures, and other medically unnecessary items.

Specifically, the government alleged that, between August 1, 2008, and June 30, 2010, Dr. Schuller improperly billed for visits performed exclusively by a hygienist as well as medically unnecessary debridements and scalings. In addition, the government claimed Dr. Schuller improperly charged the Medicaid system for certain single tooth x-rays, medically unnecessary occlusal guards, and medically unnecessary doses of desensitizing medication. The claims settled by the agreement are allegations only; there has been no admission or judicial determination of liability.

“This settlement is an important step in furthering our district’s healthcare fraud enforcement program,” said Sean Berry, United States Attorney for the Northern District of Iowa. “Citizens are encouraged to report potential fraudulent conduct by healthcare providers to help our office ensure fair and efficient health systems throughout the district.”

The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Services. False claims act cases also arise under the qui tam, or whistleblower provisions of the False Claims Act. Under those provisions, a private party may file suit on behalf of the United States for false claims and share in any recovery.

A Waterloo man who shot another individual in October 2012 was sentenced today to more than 21 years in federal prison.

Amos Dee Deering, Sr., age 31, from Waterloo, Iowa, received the prison term after a February 25, 2013 guilty plea to possessing a firearm in furtherance of a drug trafficking crime, possession with intent to distribute crack cocaine, and being unlawfully in possession of a firearm as a felon, domestic abuser, and drug user.

Evidence at an earlier hearing showed that in the early morning of October 19, 2012, Deering fought with another individual at a residence in the 400 block of Lane Street in Waterloo, Iowa. During the fight Deering shot the other individual in the upper torso. After fleeing the scene of the shooting, Deering drove to Singing Bird Lake park, but left the park only a few minutes later. Deering’s car was stopped and he was detained on suspicion of drunk driving. Officers returned to the park and, under a bush, found a discarded sock containing a pistol and some crack cocaine. Forensic tests later matched the firearm found inside the sock to a shell casing found at the scene of the shooting. Deering had previously been convicted of first degree burglary, felony eluding, and domestic abuse causing bodily injury.

Deering was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Deering was sentenced to 261 months’ imprisonment. A special assessment of $300 was imposed. He must also serve an eight-year term of supervised release after the prison term. There is no parole in the federal system.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 6:13-CR-02002-LRR.

Methamphetamine Lab Caused Fire at House Occupied by Sleeping Child

A man whose house caught fire from an illegal methamphetamine lab was sentenced today to more than 23 years in federal prison.

Rory Lee Zirkelbach, age 43, from Dubuque, Iowa, received the prison term after a February 28, 2013, guilty plea to one count of manufacturing methamphetamine within 1000 feet of a protected location following a prior felony drug conviction.

The evidence at a prior detention hearing showed that on May 31, 2012, Zirkelbach attempted to make methamphetamine on the second floor of his residence on Jackson Street in Dubuque. The methamphetamine lab caught fire. A passing bus driver stopped his bus in front of the house and yelled at a neighbor standing on the front porch that the house was on fire. The neighbor reentered her half of the burning house to rescue her sleeping minor child. During the investigation of the fire, officials found the remnants of the methamphetamine lab which caused the fire. This residence was within 1,000 feet of Fulton Elementary School and Comiskey Park, both protected locations. Zirkelbach was convicted in 1998 of possession with intent to deliver amphetamine and possession with intent to deliver cocaine.

Zirkelbach was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Zirkelbach was sentenced to 235 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $40,803.64 in restitution for damages resulting from the fire. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.

Zirkelbach 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 Dubuque Drug Task Force consisting of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-1001.

A professional rodeo clown who grew marijuana for over six years was sentenced on May 29, 2013, to twenty years in federal prison.

Rory Meeks, 55, from Marion, Iowa, received the prison term after a March 8, 2013, jury verdict finding him guilty of conspiracy to manufacture marijuana.

The evidence at trial showed that Meeks, who worked as a rodeo clown and bullfighter in local and national rodeos, conspired with others to grow marijuana in rural Jones County from 2004 through 2011. Each spring, Meeks planted marijuana along corn and soybean fields in secluded spots throughout Jones County and then tended the plants throughout the summer. Meeks and others harvested the plants in the fall, processed the plants at a house in Jones County, and then sold the marijuana over the fall and winter. The jury found that Meeks was involved in growing over 1000 marijuana plants between 2004 and 2011.

Meeks conviction was his second drug trafficking conviction in federal court. In 1987, a jury found Meeks guilty of three charges involving cocaine trafficking. Following that conviction, a Federal District Court Judge sentenced Meeks to ten years’ imprisonment and imposed a $10,000 fine.

On his latest conviction, Meeks was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Meeks was sentenced to twenty years’ imprisonment. Because this was Meeks’ second felony drug conviction and due to the amount of marijuana involved, Meeks was subject to a mandatory minimum sentence of twenty years in prison. A special assessment of $100 was also imposed. Meeks must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Drug Enforcement Administration, the Jones County Sheriff’s Office, and the Monticello Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-91-LRR.

United States Attorney Sean R. Berry, Cedar Rapids Police Department Captains Steve O’Konek, Bernie Walther and Tom Jouker, and Cedar Rapids Police Department Lieutenant Craig Furnish announced today the sentencing of Lucas Robinson, age 24, from Cedar Rapids. Robinson was sentenced to 42 years in federal prison for one count of sexual exploitation of children, one count of possession of child pornography, and one count of extortion.

Between 2009 and 2012, Robinson victimized at least twelve minor females as part of his offenses. Robinson met most of his victims online and then later communicated with them by mobile telephone. His victims were between the ages of 12 and 15 and they lived in 7 different states in addition to Iowa. In order to obtain additional sexually explicit images of his victims, Robinson threatened to distribute sexually explicit images they already had sent to him. He threatened to distribute the images on websites, to a parent, to their friends, and to others they knew from school. Robinson convinced one female victim to share her Facebook password with him, and later told her that he had her password and could send sexually explicit images of her to her friends. Robinson extorted one of his victims to meet with him and have sex with him.

Robinson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Robinson was sentenced to 42 years in prison to be followed by a 15-year term of supervised release after the prison term. There is no parole in the federal system. Robinson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

“Now that kids are home for the summer, parents need to keep in mind the dangers their children face on the Internet. Sexual predators are searching the Internet for children and can use social networking sites like Facebook to learn about and make contact with your child,” said United States Attorney Berry. “The Internet can be a wonderful resource for kids, but sadly, it is often used to prey on them.”
“Parents need to teach their children to use the Internet safely,” said Berry. “Children need to know that, by following certain rules, they can protect themselves while ‘surfing the net.’” Berry suggested parents to tell their children to:

• Never post their name, address, telephone number, school name, parent’s name, or any other personal information.

• Never post or send pictures of themselves without permission from their parents.

• Never agree to meet face to face with someone they’ve met online without permission from their parents.

• Never respond to messages that have bad words, talk about their bodies, or seem scary or strange.

• Always tell their parents if they find something scary or threatening on the Internet.

Berry advised that parents should also monitor their children’s access to and use of the Internet. Parents should:

• Monitor their children when they’re online and monitor the time they spend online. Keep the computer in a common area of the house. If a child quickly changes the screen or becomes uneasy or defensive when a parent walks into the room, this could be a sign that the child is involved in something he or she should not be.

• Make sure that access to the Internet at school and at friends’ houses is monitored by adults.

• Watch for unexplained changes in their child’s behavior or attitude.

• Watch for unusual telephone calls or mail addressed to their child.

• Save any threatening e-mails or pornographic material received by their child and provide it to law enforcement officers.

“By paying attention and insisting on some common sense rules, parents can go a long way toward protecting their children from Internet predators like Lucas Robinson,” Berry said.

The Robinson case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department, the Benton County Sheriff’s Office, and the Iowa Internet Crimes Against Children Task Force. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-0089. The 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.”

A man who posted a false statement on Facebook claiming a consumer product was contaminated was sentenced today to five years in federal prison.

Luke A. Truesdell, age 40, from Cedar Rapids, Iowa, received the prison term after a February 8, 2013 guilty plea to one count of communicating false information that a consumer product had been tainted and one count of making a false statement to the United States Food and Drug Administration (FDA).

In a plea agreement, Truesdell admitted that, on January 26, 2012, shortly after he was fired from his job in Linn County, Iowa, he called the FDA and made a false statement. Truesdell told the FDA he was a Hepatitis B carrier and then falsely claimed he had bled into batches of an FDA regulated consumer product manufactured by his former employer. Truesdell also admitted that, on January 27, 2012, he posted similar, false information on the Facebook page of one of his former employer’s customers.

Truesdell was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Truesdell was sentenced to five years’ imprisonment and ordered to make $17,721 in restitution his former employer. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. In announcing the sentence, Judge Reade said, “we all know when you put something on the internet, you are posting it to the world.” Judge Reade added that this type of criminal activity “can result in consumer fear and panic.”

“This case demonstrates the blatant misuse of social media to intentionally cause financial harm to business entities manufacturing FDA regulated products,” said Special Agent in Charge Patrick J. Holland of FDA’s Office of Criminal Investigations, Kansas City Field Office. “The FDA will continue to aggressively pursue perpetrators of such acts, and ensure that they are punished to the full extent of the law.”

Truesdell 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 United States Food and Drug Administration Office of Criminal Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-8 LRR.

A man who conspired to manufacture and distribute methamphetamine pled guilty May 23, 2013, in federal court in Sioux City.

David Robley, 52, from Early, Iowa, were convicted of conspiring to manufacture and distribute methamphetamine.

At the plea hearing, Robley admitted his involvement in a conspiracy from about 2010 through January 2013 that manufactured and distributed more than 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs obtained in the investigation, starting in January 2010 through December 2012, Robley acquired at least 102.24 grams of pseudoephedrine for the manufacture of methamphetamine.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Robley was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Robley faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4007.

A man who had a firearm hidden under his seat during a traffic stop in Waterloo was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.

Delvonn Battle, 31, from Des Moines, Iowa, was convicted of possessing a firearm as a felon. The verdict was returned this afternoon following about one hour of jury deliberations.

The evidence at trial showed that Battle was riding in the passenger seat of a vehicle pulled over by Waterloo police officers just before midnight on January 13, 2012. The vehicle was driven by Ryan Marshall. A third occupant was in the rear passenger seat. All three occupants were from Des Moines. Based on inconsistent statements by the three occupants and other suspicious behavior, officers searched the vehicle. A loaded Ruger 9 millimeter pistol was found directly under Battle’s seat.

State crime lab evidence showed that the pistol located under Battle’s seat was the exact same firearm used in a shooting at a gas station in Des Moines just one month earlier. Battle was identified by an eyewitness as the shooter in the gas station shooting.

The driver of the vehicle, Ryan Marshall, was convicted of transporting a firearm as a felon earlier this year following a state jury trial in Black Hawk County. Marshall was not charged in the federal case.

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

The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Waterloo Police Department Violent Crime Apprehension Team (VCAT), and the Des Moines Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-2005.

A Cedar Rapids man with two prior drug trafficking convictions under different names was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.

Gregory Givens, age 29, from Cedar Rapids, Iowa, was convicted of one count of possession of ammunition by a felon and one count of possession of crack cocaine with the intent to distribute. The verdict was returned this afternoon following about two and one-half hours of jury deliberations.

The evidence at trial showed that on October 7, 2010, Givens was stopped by a Cedar Rapids police officer for a traffic violation. When conducting the traffic stop, officers smelled, then recovered a large quantity of marijuana and a box of 9mm ammunition from inside the car. Givens provided the police officer a false name and identification and lied about his criminal history. Later investigation showed Givens had twice been convicted in 2002 in Cook County, Illinois, under two different names, of felony possession of cocaine with intent to deliver.

The evidence also showed that on December 22, 2010, Cedar Rapids police officers executed a search warrant at an apartment where Givens was staying. As officers entered a bedroom, they found Givens with his hand in between the mattress and the headboard of the only bed in the room. During the search of the bedroom, officers found a large quantity of marijuana inside the mattress where Givens had his hand and crack cocaine on the floor where Givens was standing. Givens again provided a different false name to officers when he was arrested. Givens’ identity on all of his convictions and arrests was confirmed through fingerprint analysis.

Givens previously pled guilty to possession of marijuana with intent to deliver in Iowa District Court for the marijuana found on October 7 and December 22, 2010.

During his trial, Givens refused to acknowledge the jurisdiction of the United States District Court, refused to participate in his trial, and refused to be in the courtroom.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Givens remains in custody of the United States Marshal pending sentencing. On the ammunition conviction, Givens faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment. On the crack cocaine conviction, Givens faces a possible maximum sentence of 30 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and not more than life on supervised release following any imprisonment.

This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, and Firearms and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-55.

A Minnesota man who interfered with a federal prosecutor while engaged in his official duties was sentenced on May 16, 2013, in federal court in Davenport.

Timothy Demuth, age 51, from Plymouth, Minnesota, was sentenced by United States District Court Judge John A. Jarvey to serve a one-year term of probation. Demuth was also ordered to perform 200 hours of community service; was fined $2000; and was ordered to pay a special assessment of $25.

At the sentencing hearing, Demuth apologized for his actions, including for making physical contact with the Southern District of Iowa (SDIA) Assistant United States Attorney (AUSA) who prosecuted Demuth’s son, Scott Demuth, in SDIA criminal case number 09-CR-00117. Demuth admitted previously that following the sentencing of his son, on February 14, 2011, he bumped shoulders with the AUSA, and then intentionally stepped directly in front of the AUSA, thereby opposing, impeding, intimidating, and interfering with the AUSA as the AUSA attempted to exit the courtroom.

Demuth and his wife both told the court at Demuth’s sentencing hearing that Demuth had not intended to make physical contact with the AUSA. However, the AUSA who prosecuted Demuth’s son described for the court Demuth’s actions in intentionally bumping and “squaring off” against the AUSA.

In sentencing Demuth, Judge Jarvey found the AUSA’s description of the incident to be more credible. The court noted that the offense went to the “integrity of the judicial system,” and that all participants in the criminal justice process, including judges, attorneys, and other court officers, needed to know that they could do their jobs without intimidation. The court stated the offense was therefore “very serious” and could not be excused because Scott Demuth’s sentencing was stressful to the family.

The case was prosecuted by Northern District of Iowa Assistant United States Attorney Richard L. Murphy and was investigated by the United States Marshals Service.

Court file information is available at https://ecf.iasd.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-00105.

A woman who conspired to manufacture and distribute methamphetamine was convicted by a jury May 16, 2013, after a three-day trial in federal court in Sioux City.

Shirley Schmitt, 54, from Early, Iowa, was convicted of one count of conspiracy to manufacture and distribute methamphetamine and one count of possession of pseudoephedrine with intent to manufacture methamphetamine. The verdict was returned following about three hours of jury deliberations.

The evidence at trial showed that Schmitt conspired to manufacture and distribute 50 grams or more of actual (pure) methamphetamine from 2010 through July 2012. According to pseudoephedrine purchase logs obtained in the investigation, starting in July 2010 Schmitt acquired (by purchase or other means) at least 98 grams of pseudoephedrine for the manufacture of methamphetamine. Schmitt also had others obtain at least 400 grams of pseudoephedrine and other items for her to manufacture methamphetamine in exchange for methamphetamine. On June 28, 2012, Schmitt received pseudoephedrine from an undercover law enforcement officer and agreed to manufacture methamphetamine for the officer.

Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Schmitt remains free on bond previously set pending sentencing. On the conspiracy conviction, Schmitt faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment. On the possession of pseudoephedrine conviction Schmitt faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a special assessment of $100, and up to three years of supervised release.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Sac County Sheriff’s Office, Buena Vista County Sheriff’s Office, Storm Lake Police Department and Iowa Division of Criminal Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4076.

A man who conspired to manufacture and distribute methamphetamine was sentenced May 10, 2013, to more than five years in federal prison.

Rodney Brock, 43, from Storm Lake, Iowa, received the prison term after a February 7, 2013, guilty plea to conspiring to manufacture and distribute methamphetamine.

At the guilty plea, Brock admitted his involvement in a conspiracy from about July 2011 through October 2012 that manufactured and distributed at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs obtained in the investigation, starting in July 2011 through October 2012 Brock himself acquired at least 34.9 grams of pseudoephedrine for the manufacture of methamphetamine, and associates of Brock acquired at least 55 grams of pseudoephedrine for the manufacture of methamphetamine by Brock. On July 5, 2012, law enforcement officers executed a search warrant at Brock’s residence and seized a number of items indicative of methamphetamine manufacturing.

Brock was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Brock 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.

Brock 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 was investigated by the Storm Lake Police Department, Buena Vista County Sheriff’s Office, Clay County Sheriff’s Office, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4097.

A woman who conspired to distribute methamphetamine was sentenced May 10, 2013, to ten years in federal prison.

Christina Fulkerson, 39, from Fort Dodge, Iowa, received the prison term after a January 25, 2013, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine.

At the guilty plea, Fulkerson admitted her involvement in a conspiracy from about 2011 through October 2012 that distributed more than 150 grams of actual (pure) methamphetamine in the Fort Dodge, Iowa, area. Fulkerson also admitted to distributing more than 19 grams of methamphetamine during four separate transactions with individuals cooperating with law enforcement. On October 1, 2012, law enforcement officers executed a search warrant at Fulkerson’s residence and seized over 30 grams of actual (pure) methamphetamine which Fulkerson admitted she planned to distribute to others. Fulkerson’s residence was within 1000 feet of a protected location, Holy Rosary School Park.

Fulkerson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Fulkerson was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3049.

Timothy Koenck, age 53, of Fenton, Iowa, has been indicted on federal child sexual exploitation charges. The charges are contained in an Indictment unsealed April 22, 2013, in United States District Court in Sioux City.

The Indictment alleges that, between 2010 and 2012, Koenck enticed a minor to engage in sexual activity, traveled across a state line to engage in illicit sexual conduct, received child pornography, and possessed child pornography, after having been convicted of enticement of a minor and possession of child pornography in 2001-2002.

If convicted on all charges, Koenck faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, $1,750,000 in fines, $700 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.

Koenck appeared on April 22, 2013, in federal court in Sioux City and was held without bond. Koenck’s next appearance for trial is set for July 1, 2013.

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 Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, the Kossuth County Sheriff’s Office, and the Mower County, Minnesota, 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 13-3016.

A Spencer, Iowa, couple who conspired to manufacture and distribute methamphetamine pled guilty May 8, 2013, in federal court in Sioux City.

Vicki Shannon, 50, and John Gekas, 46, from Spencer, Iowa, were convicted of conspiring to manufacture and distribute methamphetamine.

At the plea hearing, Shannon and Gekas each admitted their involvement in a conspiracy from about 2010 through January 2013 that manufactured and distributed more than 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs obtained in the investigation, starting in January 2010 through December 2012, Gekas acquired at least 96.48 grams of pseudoephedrine and starting in August 2010 through January 2013, Shannon acquired at least 136.9 grams of pseudoephedrine for the manufacture of methamphetamine.

Sentencing before United States District Court Judge Mark W. Bennett will be set after presentence reports are prepared. Shannon and Gekas were taken into custody by the United States Marshal after the guilty pleas and will remain in custody pending sentencing. Each face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4007.