District of Nebraska

United States Attorney Joe Kelly announced that Alec Eiland, 20, of Lincoln, Nebraska, was sentenced December 5, 2019, in Lincoln to two years in prison by Chief United States District Judge John Gerrard for cyberstalking.  In addition to his prison sentence, Eiland will be required to serve three years on supervised release.  

In the fall of 2018, Eiland engaged in a social media campaign to terrorize two primary victims and their close family members.  Eiland became fixated on the first victim when they were co-workers.  When the victim did not return Eiland’s romantic interest, Eiland took the victim’s image and contact information and posted it online misrepresenting the victim as being interested in forced sexual encounters with strange men.  The victim received numerous threats of sexual assault, and Eiland himself threatened to place a bomb in the victim’s vehicle.  He invited the victim to kill herself to avoid being raped by himself and others.  Eiland engaged in a pattern of surveillance on the victim’s residence and let the air out of the victim’s tires while the victim was at work one day.  Eiland expanded his threats and harassment to the victim’s family, focusing on a young child in the family.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Victor Phillips, 31, of Chicago, Illinois, was sentenced today to 70 months in prison by Senior United States District Judge Laurie Smith Camp for possession with intent to distribute 500 grams or more of cocaine.  There is no parole in the federal system.  In addition to his prison term, Phillips will serve five years of supervised release following his release from prison.

On February 28, 2019, the Nebraska State Patrol conducted a traffic stop.  Upon approaching the vehicle, the officer smelled marijuana. A probable cause search was conducted.  While searching the vehicle, a kilo (or approximately 2.2 pounds) of cocaine was discovered in the back compartment area of the driver's seat.   

This case was investigated by the Nebraska State Patrol.

United States Attorney Joe Kelly announced today that Senior U.S. District Judge Laurie Smith Camp sentenced Otis Brown, III, 18, to 8 years and one day in federal prison to be followed by 5 years of supervised release. There is no parole in the federal system. Brown was also ordered to pay $61,154.00 in restitution. Brown previously pleaded guilty to a Hobbs Act robbery; that is, robbing a business involved in interstate commerce and brandishing a firearm during the robbery.

On October 28, 2018, at approximately 9:33 am, Brown, Billy Adell, and Daewoo Robertson robbed the CVS Pharmacy, 1701 Galvin Road South, Bellevue, Nebraska at gunpoint.  Robertson, Adell, and Brown are from Indianapolis and drove to Bellevue to commit the robbery.  Adell was the driver.  Robertson and Brown went into the store.  Robertson was armed with a Glock .40 caliber handgun that he pointed at employees and a customer while he and Brown zip-tied them.  Robertson and Brown fled the store in Adell’s waiting vehicle, with $60,196.50 in controlled substances.  They were caught shortly thereafter when their car was stopped.  Officers searched the car and found the gun, zip-ties, and a garbage bag with the stolen drugs.  Once the drugs leave the store, they cannot be taken back and resold by CVS and have to be destroyed.  

Adell is currently pending trial.

Robertson was previously sentenced to 9 years’ imprisonment, 5 years of supervised release, and ordered to pay $61,154 in restitution.

The FBI Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives, is responsible for the investigation of the robbery.  The task force was assisted by the Bellevue Police Department.

The United States of America, through its Departments of Justice and State, and the United Kingdom, through its National Crime Agency (NCA), today announced the unsealing of criminal charges in Pittsburgh, Pennsylvania, and Lincoln, Nebraska, against Maksim V. Yakubets, aka online moniker, “aqua,” 32, of Moscow, Russia, related to two separate international computer hacking and bank fraud schemes spanning from May 2009 to the present.  A second individual, Igor Turashev, 38, from Yoshkar-Ola, Russia, was also indicted in Pittsburgh for his role related to the “Bugat” malware conspiracy. The State Department, in partnership with the FBI, announced today a reward of up to $5 million under the Transnational Organized Crime Rewards Program for information leading to the arrest and/or conviction of Yakubets.  This represents the largest such reward offer for a cyber criminal to date.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, U.S. Attorney Joseph P. Kelly for the District of Nebraska, FBI Deputy Director David Bowdich, Principal Deputy Assistant Secretary James A. Walsh of the State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL), and Director Rob Jones of the Cyber Crime Unit  at the United Kingdom’s National Crime Agency (NCA) made the announcement.

“Maksim Yakubets allegedly has engaged in a decade-long cybercrime spree that deployed two of the most damaging pieces of financial malware ever used and resulted in tens of millions of dollars of losses to victims worldwide,” said Assistant Attorney General Benczkowski.  “These two cases demonstrate our commitment to unmasking the perpetrators behind the world’s most egregious cyberattacks.  The assistance of our international partners, in particular the National Crime Agency of the United Kingdom, was crucial to our efforts to identify Yakubets and his co-conspirators.”

“For over a decade, Maksim Yakubets and Igor Turashev led one of the most sophisticated transnational cybercrime syndicates in the world,” said U.S. Attorney Brady. “Deploying ‘Bugat’ malware, also known as ‘Cridex’ and ‘Dridex,’ these cybercriminals targeted individuals and companies in western Pennsylvania and across the globe in one of the most widespread malware campaigns we have ever encountered.  International cybercriminals who target Pennsylvania citizens and companies are no different than any other criminal: they will be investigated, prosecuted and held accountable for their actions.” 

“The Zeus scheme was one of the most outrageous cybercrimes in history,” said U.S. Attorney Kelly.  “Our identification of Yakubets as the actor who used the moniker ‘aqua’ in that scheme, as alleged in the complaint unsealed today, is a prime example of how we will pursue cyber criminals to the ends of justice no matter how long it takes, by tracking their activity both online and off and working with our international partners to expose their crimes.”

“Today’s announcement involved a long running investigation of a sophisticated organized cybercrime syndicate,” said FBI Deputy Director Bowdich. “The charges highlight the persistence of the FBI and our partners to vigorously pursue those who desire to profit from innocent people through deception and theft. By calling out those who threaten American businesses and citizens, we expose criminals who hide behind devices and launch attacks that threaten our public safety and economic stability. The actions highlighted today, which represent a continuing trend of cyber-criminal activity emanating from Russian actors, were particularly damaging as they targeted U.S. entities across all sectors and walks of life. The FBI, with the assistance of private industry and our international and U.S. government partners, is sending a strong message that we will work together to investigate and hold all criminals accountable. Our memory is long and we will hold them accountable under the law, no matter where they attempt to hide.”

“Combatting cybercrime remains a top national security priority for to the United States,” said INL Principal Deputy Assistant Secretary of State Walsh. “The announcements today represent a coordinated interagency effort to bring Maksim Yakubets to justice and to address cybercrime globally.”

“This is a landmark for the NCA, FBI and U.S. authorities and a day of reckoning for those who commit cybercrime,” said NCA Director Jones. “Following years of online pursuit, I am pleased to see the real world identity of Yakubets and his associate Turashev revealed.  Yakubets and his associates have allegedly been responsible for losses and attempted losses totaling hundreds of millions of dollars. This is not a victimless crime, those losses were once people’s life savings, now emptied from their bank accounts.  Today the process of bringing Yakubets and his criminal associates to justice begins.  This is not the end of our investigation, and we will continue to work closely with international partners to present a united front against criminality that threatens our prosperity and security.”

Yakubets and Turashev Indicted in Relation to “Bugat” Malware

A federal grand jury in Pittsburgh returned a 10-count indictment, which was unsealed today, against Yakubets and Turashev, charging them with conspiracy, computer hacking, wire fraud, and bank fraud, in connection with the distribution of “Bugat,” a multifunction malware package designed to automate the theft of confidential personal and financial information, such as online banking credentials, from infected computers.  Later versions of the malware were designed with the added function of assisting in the installation of ransomware. 

According to the indictment, Bugat is a malware specifically crafted to defeat antivirus and other protective measures employed by victims.  As the individuals behind Bugat improved the malware and added functionality, the name of the malware changed, at one point being called “Cridex,” and later “Dridex,” according to the indictment.  Bugat malware was allegedly designed to automate the theft of confidential personal and financial information, such as online banking credentials, and facilitated the theft of confidential personal and financial information by a number of methods.  For example, the indictment alleges that the Bugat malware allowed computer intruders to hijack a computer session and present a fake online banking webpage to trick a user into entering personal and financial information.   

The indictment further alleges that Yakubets and Turashev used captured banking credentials to cause banks to make unauthorized electronic funds transfers from the victims’ bank accounts, without the knowledge or consent of the account holders.  They then allegedly used persons, known as “money mules,” to receive stolen funds into their bank accounts, and then move the money to other accounts or withdraw the funds and transport the funds overseas as smuggled bulk cash.  According to the indictment, they also used a powerful online tool known as a botnet in furtherance of the scheme.

Yakubets was the leader of the group of conspirators involved with the Bugat malware and botnet, according to the indictment.  As the leader, he oversaw and managed the development, maintenance, distribution, and infection of Bugat as well as the financial theft and the use of money mules.  Turashev allegedly handled a variety of functions for the Bugat conspiracy, including system administration, management of the internal control panel, and oversight of botnet operations.

According to the indictment, Yakubets and Turashev victimized multiple entities, including two banks, a school district, and four companies including a petroleum business, building materials supply company, vacuum and thin film deposition technology company and metal manufacturer in the Western District of Pennsylvania and a firearm manufacturer.  The indictment alleges that these attacks resulted in the theft of millions of dollars, and occurred as recently as March 19, 2019.

Yakubets Charged in Relation to “Zeus” Malware

A criminal complaint was also unsealed in Lincoln today charging Yakubets with conspiracy to commit bank fraud in connection with the “Zeus” malware.  Beginning in May 2009, Yakubets and multiple co-conspirators are alleged to have a long-running conspiracy to employ widespread computer intrusions, malicious software, and fraud to steal millions of dollars from numerous bank accounts in the United States and elsewhere.  Yakubets and his co-conspirators allegedly infected thousands of business computers with malicious software that captured passwords, account numbers, and other information necessary to log into online banking accounts, and then used the captured information to steal money from victims’ bank accounts.  As with Bugat, the actors involved with the Zeus scheme were alleged to have employed the use of money mules and a botnet.

Yakubets and his co-conspirators are alleged to have victimized 21 specific municipalities, banks, companies, and non-profit organizations in California, Illinois, Iowa, Kentucky, Maine, Massachusetts, New Mexico, North Carolina, Ohio, Texas, and Washington, identified in the complaint, including multiple entities in Nebraska and a religious congregation.  According to the complaint, the deployment of the Zeus malware resulted overall in the attempted theft of an estimated $220 million USD, with actual losses of an estimated $70 million USD from victims’ bank accounts.  According to the complaint, Yakubets’ role in the Zeus scheme was to provide money mules and their associated banking credentials in order to facilitate the movement of money, which was withdrawn from victim accounts by fraudulent means. 

An individual charged as John Doe #2, also known as “aqua,” was indicted in District of Nebraska in case number 4:11-CR-3074.  The indictment in that case charges that individual and others with conspiracy to participate in racketeering activity, conspiracy to commit computer fraud and identity theft, aggravated identity theft, and multiple counts of bank fraud related to the Zeus scheme.  As alleged, the complaint unsealed today associates use of the moniker “aqua” in the Zeus scheme to Yakubets.

In case number 4:11-CR-3074, two of the co-conspirators of “aqua,” Ukrainian nationals Yuriy Konovaleko and Yevhen Kulibaba, were extradited from the United Kingdom to the United States.  Konovalenko and Kulibaba both pleaded guilty in 2015 to conspiracy to participate in racketeering activity and have completed prison sentences that were imposed.  Konovalenko and Kulibaba were previously convicted in the United Kingdom, after an investigation conducted by the Metropolitan Police Service, for their role in laundering £3 million GBP on behalf of the group responsible for the Zeus malware.

State Department $5 million USD Reward

The U.S. Department of State’s Transnational Organized Crime (TOC) Rewards Program is offering a reward of up to $5 million for information on Yakubets.  Cyber threats are a top national security threat to the United States, and the Department of State’s TOC Rewards Program is one of the many tools used by U.S. authorities to bring significant cybercriminals to justice.  Congress established the TOC Rewards Program in 2013 to support law enforcement efforts to dismantle transnational criminal organizations and bring their leaders and members to justice.  The U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs manages the program in coordination with other U.S. federal agencies.

In addition to NCA, the law enforcement actions taken related to these two prosecutions were assisted by the efforts of law enforcement counterparts from The Netherlands, Germany, Belarus, Ukraine, and the Russian Federation.

The FBI’s Pittsburgh and Omaha Field Offices led the investigations of Yakubets and Turashev with assistance by the FBI’s Major Cyber Crimes Unit and Global Operations and Targeting Unit.  The prosecution in Pittsburgh is being handled by Assistant U.S. Attorney Shardul S. Desai of the Western District of Pennsylvania, and the prosecution in Lincoln is being handled by Senior Counsel William A. Hall, Jr., of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Steven A. Russell of the District of Nebraska.  The Criminal Division’s Office of International Affairs provided significant assistance throughout the criminal investigations.  The Department’s National Security Division also provided investigative assistance.  

The details contained in the indictment, criminal complaint and related pleadings are merely accusations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

United States Attorney Joe Kelly announced that United States District Judge Brian C. Buescher sentenced Dale Clayton Gaver III, 31, to a 60-month term of imprisonment today.  Gaver, of Omaha, pleaded guilty to Conspiracy to Distribute Cocaine and Marijuana. After completion of his prison term, Gaver will begin a four-year term of supervised release. 

In early 2019, investigators determined that Gaver was distributing cocaine, marijuana, and tetrahydrocannabinol (“THC”) cartridges used in vaping devices.  During the search of his residence, investigators seized quantities of cocaine and marijuana, as well as $44,202.00 stashed in various places throughout the house.  The cash was ordered forfeited to the United States at sentencing.

Gaver was interviewed and admitted to receiving multi-ounce quantities of cocaine on multiple occasions, which he then distributed to customers within the Omaha metropolitan area.

The case was primarily investigated by the Drug Enforcement Administration, Omaha Field Division, the Federal Bureau of Investigation, the Internal Revenue Service, and the Omaha Police Department.

United States Attorney Joe Kelly announced that Wild Willy’s Fireworks, LLC (“Wild Willy’s”), a corporation with its principal office in Springfield, Nebraska, was sentenced in federal court today in Omaha for Falsifying Records in a Federal Investigation.  United States District Judge Brian C. Buescher sentenced Wild Willy’s to three years of probation and a $35,000 fine.  Wild Willy’s, through its representative and owner, Dan Williams, pleaded guilty to the crime on August 21, 2019. 

On January 17, 2017, an Occupational Safety and Health Administration (“OSHA”) inspector traveled to Wild Willy’s facility in Springfield to conduct a workplace inspection.  Dan Williams was not present when the inspector arrived.  The inspector was not permitted to enter the Wild Willy’s facility.  Williams spoke with the inspector over the telephone and agreed that the inspector would return the next day on January 18, 2017.  Williams then traveled to the facility and instructed employees to perform tasks in preparation for the inspection.  Williams contacted a forklift operator trainer to conduct forklift training for individuals at Wild Willy’s. 

When the forklift trainer arrived, Williams advised him that there was insufficient time to perform the forklift training.  Williams instructed the trainer to complete certificates for four individuals stating that each of them received the forklift training.  The trainer completed certificates for the four individuals.  Each of the certificates were back dated to September 28, 2015.  Although each of the certificates indicated that forklift training occurred on September 28, 2015, none of the individuals received forklift training on that date. 

On January 18, 2017, an OSHA representative requested copies of the forklift training certificates.  An employee of Wild Willy’s emailed OSHA copies of the falsified certificates.  Each of the certificates falsely represented that the individuals listed received forklift training on September 28, 2015.

The case was investigated by the United States Department of Labor - Office of Inspector General. 

United States Attorney Joe Kelly announced today that Devontez Bobo, 26, of Omaha, was sentenced to 72 months’ imprisonment by United States District Judge Brian C. Buescher for transportation with intent to promote prostitution, distribution of cocaine, and felon in possession of a firearm. There is no parole in the federal system.  Bobo was ordered to serve three years on supervised release after the completion of his prison term.

On or about September 6, 2018, using an internet website identified as skipthegames.com, an adult female was advertised as an escort available in Sioux City, Iowa.  Bobo transported the female from Omaha, Nebraska to a hotel in Sioux City, Iowa, for the purpose of engaging in prostitution.  Sioux City Police officers identified Bobo, his vehicle, and the female at the hotel.  A Sioux City Police officer, acting in an undercover capacity, contacted the female using the telephone number advertised.  After providing the officer with the hotel room number, the officer arrived and was allowed entry to the room by the female for purposes of engaging in commercial sex.  Sioux City Police officers entered the room and placed the female into custody.  Hotel paperwork obtained by law enforcement revealed that Bobo rented the room where the female was detained. Sioux City Police officers subsequently encountered and arrested Bobo as he drove his vehicle away from the hotel. 

In November 2018, Bobo sold one ounce of powder cocaine and a Colt .32 caliber revolver to a confidential informant who was monitored in real time by law enforcement surveillance units. 

This case was investigated by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Omaha Police Department, and the Sioux City Police Department in Iowa.

United States Attorney Joe Kelly announced that Alexander M. Kingston, 27, formerly of Locust, North Carolina, was sentenced today in Lincoln, Nebraska, to 10 years in prison by United States Senior District Judge Richard G. Kopf for enticement of a minor.  In addition to his prison sentence, Kingston will also serve 10 years on supervised release and be required to register as a sex offender. 

In March of 2019, Lincoln Police Department Task Force Officers learned that a 14-year-old female met Kingston on a chatting website for teenagers. The minor communicated with Kingston through this website and other social media accounts.

Kingston offered to drive to Lincoln, Nebraska to pick her up. Officers learned Kingston was also talking to the minor through her friend’s social media account. Officers were granted access to the friend’s account, and continued the conversation with Kingston in an undercover capacity.  Kingston believed that he was communicating with a 14-year-old female.

Kingston told the undercover officer he would drive from Kentucky and pick up the minor and take her to another state where she would live with him.  Kingston then negotiated a meeting place in Lincoln, Nebraska. Kingston indicated he wanted to meet with the minor in a hotel room in Lincoln, Nebraska.  

Through several search warrants to social media sites, Kingston was identified and located as living in Monroe, North Carolina.

On April 19, 2019, Kingston arrived at the pre-determined meeting site located in Lincoln to meet with the minor and her friend. Kingston got out of a vehicle with North Carolina license plates and was approached and arrested by Lincoln Police Department Officers. Kingston was holding a cellphone at the time of his arrest. The cellphone was observed to be open to an Instagram conversation between Kingston and the undercover officers.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue minors. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force.

United States Attorney Joe Kelly announced that Jeffrey T. Ehlers, 60, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 84 months in prison by Chief United States District Judge John M. Gerrard, for possession of child pornography.  In addition to his prison sentence, Ehlers will be required to serve 12 years on federal supervised release and register as a sex offender. 

In September of 2017, the Bellevue police department received a call for service from a group home leader. The caller reported that one of the foster children, a female minor, was having an inappropriate relationship with an adult male. The defendant Jeffrey T. Ehlers became a subject of interest in the investigation of the complaint.

On February 27, 2018, officers with the Nebraska State Patrol (NSP) went to Ehlers home.  Ehlers consented to speak with the officers and through the course of his interaction with NSP officers, Ehlers admitted that child pornography might be found on the electronic devices in his home. Ehlers provided consent for the officers to seize and search his electronic devices including desktop and laptop computers. Upon examination of Ehlers’ devices more than 600 image files containing child pornography were found including videos and images of prepubescent minors engaged in sexually explicit conduct.

Additionally, there were files documenting Yahoo Messenger conversations between Ehlers and other Yahoo Messenger users. The messages contained content indicating that Ehlers was sending and receiving files containing child pornography with other Yahoo Messenger users.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Nebraska State Patrol. 

United States Attorney Joe Kelly announced that Juan Pablo Sanchez-Delgado and his wife, Magdalena Castro-Benitez were sentenced today, November 27, 2019, by Chief United States District Court Judge John M. Gerrard for their roles in a conspiracy to harbor illegal aliens across north central Nebraska.  Chief Judge Gerrard described the conspiracy as “one of the most egregious financial crimes,” that he had seen before sentencing Sanchez-Delgado to the maximum allowable time by statute, 120 months in federal prison.  The Court also sentenced Sanchez-Delgado to a $150,000 fine and approved a preliminary order of forfeiture based on ICE seizures of over $130,000 in cash along with 3 Las Vegas residences owned by both Sanchez-Delgado and Castro-Benitez.   The residences have an estimated worth in excess of 1.5 million dollars.  Castro-Benitez was sentenced to 30 months in federal prison for serving as Sanchez Delgado’s “money manager.”   Both defendants were ordered to serve a term of three years of supervised release each to follow their respective terms of imprisonment.

The conspiracy as a whole resulted in hundreds of undocumented workers being harbored and financially exploited by Sanchez-Delgado and his wife for years leading up to their arrests by Homeland Security Investigations on August 8, 2018.  Several of the workers testified at a recent trial that Sanchez-Delgado was wrongfully taking money from their paychecks, not paying them for all of the hours they worked, and indicated that Sanchez-Delgado would take income tax withholdings and Social Security and Medicare withholdings form their paychecks but not actually pay that money in to state and federal taxation authorities.  Another worker testified that Sanchez-Delagdo charged him $300 a month for utilities for a one bedroom apartment because the worker could not get the utilities in his own name.  Some workers were not paid their wages at all, and all of the workers were charged money to cash their checks at Sanchez-Delgado’s grocery store, where they were also forced to buy food from him.  At the same time that undocumented workers were being defrauded, Sanchez-Delgado and his wife, Castro-Benitez, were acquiring expensive homes in Las Vegas with the proceeds of the harboring scheme and hoarding cash generated by the conspiracy at their various residence and business locations.

Sanchez-Delgado and his wife conducted over 9 million dollars in financial transactions with the money generated by this conspiracy, and they received over 5 million dollars from labor contracts with agricultural businesses like O’Neill Ventures, LLC, the first company to partner with Sanchez-Delgado at the inception of this conspiracy and a tomato plant located in O’Neill, Nebraska.  A human resources officer for the tomato plant, Mayra Jimenez, was recently convicted by a jury at trial for her own participation in the conspiracy and for her efforts to aid Sanchez-Delgado in harboring undocumented workers at the plant.  Corporate emails admitted at trial revealed that Jimenez was aware that Sanchez-Delgado was not paying in taxes on his workers to government authorities and that his workers were likely paid less than lawful workers at the plant.

The victims will be allowed additional time to provide the United States Attorney’s Office and the Court with the money owed to them as restitution for these crimes, and Chief Judge Gerrard will determine the final restitution to be paid to the workers on a future date.

This case was investigated by Immigration and Customs Enforcement and Homeland Security Investigations.

United States Attorney Joe Kelly announced today that on November 25, 2019, Senior United States District Court Judge Laurie Smith Camp sentenced Christopher Charles Heinz, age 30, of Romulus, Michigan, to 54 months’ imprisonment, placed him on supervised release for three years, and ordered him to make restitution in the amount of $22,126 for his conviction for the fraudulent use of Social Security numbers and aggravated identity theft.

From December 2017 through June 2018, Heinz and another used stolen identifications of credit worthy individuals to purchase high-end cellphones at retail stores in Kearney, Holdrege, Norfolk, Beatrice, Columbus, Grand Island, Hastings, Ainsworth and O’Neill, Nebraska. Heinz provided counterfeit driver’s licenses and Social Security numbers belonging to actual people to stores to qualify for credit.

This case was investigated by the Federal Bureau of Investigation, the Social Security Administration - Office of Inspector General, the Nebraska States Patrol, Sheriff’s Offices of Brown County and Holt County Nebraska and the Police Departments in Lexington, Kearney, Holdrege, Norfolk, Beatrice, Columbus, Grand Island and Hastings.

United States Attorney Joe Kelly announced that on November 20, 2019, Senior United States District Court Judge Richard G. Kopf sentenced Jeremy Deen, 34, of Lincoln, Nebraska, to 120 months’ imprisonment for possession of methamphetamine with intent to distribute.  Following the prison term, Deen will serve five years on supervised release. 

Investigators were conducting surveillance at an apartment complex in Lincoln, Nebraska.  During their surveillance on August 31, 2018, investigators observed Deen walking near a detached garage.  Deen had active warrants for his arrest, so investigators contacted him.  Investigators located more than 55 grams of methamphetamine inside the backpack Deen was wearing, in addition to other drug paraphernalia.  A search warrant was later served of the detached garage.  Investigators found a stolen motorcycle, ammunition, and another 1.6 grams of methamphetamine.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Joe Kelly announced that Lydia Moraa Matunda, 33, was sentenced today by the United States Magistrate Judge Susan M. Bazis for one count of Assaulting, Resisting, or Impeding Certain Officers or Employees and one count of Willful Injury or Depredation of Property of the United States. Both counts are misdemeanors. Matunda was sentenced to 10 months’ imprisonment for Count I and one month imprisonment for Count II to be served consecutively.  Matunda also received a one-year term of supervised release upon her release from prison.  The Kenyan national’s immigration removal proceeding is still active.

On July 11, 2019, Deportation Officers with the United States Department of Homeland Security, Immigration and Customs Enforcement, were investigating the whereabouts of Matunda.  Matunda, who was in the course of immigration removal proceedings, had her bond rejected by the Board of Immigration Appeals and was ordered to be returned to Immigration and Customs Enforcement custody.     

When Deportation Officers located Matunda at an apartment in Bellevue, Nebraska, she fled from Deportation Officers in her car at a high rate of speed.   At the time she fled, Matunda was wearing a GPS ankle bracelet as a condition of her immigration bond.  The GPS ankle bracelet allowed Deportation Officers to quickly locate Matunda at a nearby gas station.  When the Deportation Officers arrived at the gas station, Matunda had cut off the GPS ankle bracelet, however, she was still at that location.  Matunda was taken into custody.   

This case was investigated by the United States Department of Homeland Security, Immigration and Customs Enforcement.

United States Attorney Joe Kelly announced that Erica File, 34, was sentenced today in federal court in Omaha for theft by a bank employee. The Honorable Laurie Smith Camp sentenced File to twelve months and one day of imprisonment. There is no parole in the federal prison system. After her release from prison, File will serve a five-year term of supervised release. File was also ordered to pay $12,143 in restitution to the bank, who reimbursed the unauthorized withdrawals.

In December 2017, federal agents began investigating suspicious withdrawals from an account at First Nebraska Bank in Fremont, Nebraska. The investigation showed that between August 2017 and December 2017, Erica File, a bank employee during that time period, and her husband, Marcus File, acted together to make unauthorized withdrawals from a customer’s account.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Angela Vandervoort, 42, was sentenced today to 87 months in prison by United States District Judge Robert F. Rossiter, Jr. for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. In addition to her prison term, Vandervoort will serve five years of supervised release following her release from prison.  She will also forfeit $3,969 in U.S. currency.

Law enforcement received a tip that Angela Vandervoort and Jason Sprinkel (co-defendants) were selling methamphetamine out of their residence in Omaha, Nebraska.  Law enforcement obtained a search warrant for the residence. On January 18, 2018, officers saw Vandervoort and Sprinkel leave their residence and proceed to a gas station.  Officers detained Vandervoort and Sprinkel while other officers simultaneously executed the search warrant on their residence.

As a result of the search, approximately 93 grams of actual methamphetamine was found inside the residence. Inside of the vehicle, officers located an additional 155 grams for a total of 248 grams of actual methamphetamine and $3,969 in United States currency. Vandervoort admitted to agreeing to sell, and having sold methamphetamine with Sprinkel, for approximately a three-month period prior to her arrest. 

In November, 2018, Sprinkel was sentenced to a term of 87 months’ imprisonment and 5 years of supervised release following his release from prison.

This case was investigated by the Omaha Police Department.

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 10 indictments charging 10 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Roman Amador-Villeda, age 35, is charged with illegal reentry after deportation on or about October 31, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Doroteo Chama Albino, age 33, is charged with illegal reentry after deportation on or about November 7, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Fortino Fonseca Lopez, age 42, is charged with illegal reentry after deportation following a felony conviction on or about October 17, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Gustavo Adolfo Gonzales, age 38, is charged with illegal reentry after deportation on or about October 30, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Oslin Guillen-Molina, age 48, is charged with illegal reentry after deportation on or about October 29, 2019, following an aggravated felony conviction.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Ramiro Hernandez-Gaspar, age 38, is charged with illegal reentry after deportation on or about October 23, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Bernard Jackson, age 44, of Walthill, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with Strangulation, on October 30, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with domestic assault by a habitual offender, on October 30, 2019.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Josue Osuna-Salazar, age 25, is charged in a two-count Indictment.  Count I charges the defendant with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine on or about April 1, 2019, and continuing to on or about August 18, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about April 15, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.     

*          Gregorio Roblero Perez, age 39, is charged with illegal reentry after deportation on or about November 4, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Edward Williams, age 18, of Lincoln, Nebraska, is charged with unlawful user in possession of a firearm on or about September 19, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

 

 

United States Attorney Joe Kelly announced that Greg Reichert, 57, of McGrew, Nebraska, was sentenced today to 72 months in prison by Senior United States District Judge Laurie Smith Camp for possession with intent to distribute five grams or more of methamphetamine (actual). In addition to his prison term, Reichert will serve four years of supervised release following his release from prison.

Law enforcement made three controlled buys of methamphetamine (½ oz., ¾ oz., and 1 oz.) from Reichert in August, 2017. On September 1, 2017, Reichert was arrested in possession of 20 grams of methamphetamine.  He had previously arranged to sell the drugs.

This case was investigated by the Nebraska State Patrol.

United States Attorney Joe Kelly announced that the Grand Jury in the District of Nebraska has returned a seven-count indictment against Titus Miller, 26, of Lincoln.  The Indictment charges Miller with the sexual exploitation of five children between August 17, and October 15, 2019.

The first five counts of the Indictment charge the production of child pornography.  Each of these offenses are punishable by a mandatory minimum term of 15 years’ and a maximum of 30 years’ imprisonment, a fine of up to $250,000, and a mandatory assessment of $50,000.  After release from any imprisonment, Miller would be subject to a term of supervised release of not less than five years and up to life.  Counts 6 and 7 charge Miller with distributing child pornography.  Both counts are punishable by a mandatory minimum of five years’ and a maximum of 20 years’ imprisonment, a fine not to exceed $250,000, and a term of supervised release of not less than five years and up to life.

Miller’s next court appearance is scheduled for November 13, 2019, at 3:30 pm before Magistrate Judge Cheryl R. Zwart in Lincoln.  A preliminary examination will not be held as the Grand Jury has found of probable cause in returning the Indictment.  A finding of probable cause is not a finding of guilt and Miller is presumed innocent of these charges.

United States Attorney Kelly expressed his appreciation to the Federal Bureau of Investigation and the Lincoln Police Department for their quick actions in obtaining a criminal complaint and search warrant immediately upon receiving notification of children being placed at risk of being sexually abused.

"Today’s indictment is evidence of our continued resolve to find those that prey on children in our community," said Special Agent in Charge Kristi Johnson. "We appreciate our partnership with the United States Attorney’s Office, the Lincoln Police Department, and the Lancaster County Attorney in this very important investigation."

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

United States Attorney Joe Kelly announced that Bryant Freemont, Jr., age 19, was sentenced today in federal court in Omaha, Nebraska for Robbery in Indian Country.  United States District Court Judge Robert F. Rossiter, Jr., sentenced Freemont to 18 months of imprisonment.  There is no parole in the federal system.  After completing his term of imprisonment, Freemont will begin a three-year term of supervised release. 

On the morning of July 14, 2018, Freemont approached the victim, an emergency medical technician, in the parking lot outside of the Carl T. Curtis Medical Center in Macy, Nebraska.  The victim had just completed her shift and was in her vehicle preparing to drive home.  Freemont demanded money from the victim and stated that he had a gun.  After the victim initially did not provide any money, Freemont reached into his waistband.  The victim thought Freemont was pulling out a firearm.  The victim then gave Freemont all the money she had on her–$20.  Freemont then fled the scene.  Freemont later admitted to law enforcement to committing the robbery and stated that he did not actually have a firearm.

The case was investigated by the Federal Bureau of Investigation.   

United States Attorney Joe Kelly announced that Alex R. Ives, 31, of Omaha, Nebraska, was sentenced today in federal court to 37 months’ imprisonment by United States District Court Judge Robert F. Rossiter, Jr. for bank robbery.  There is no parole in the federal system.  After his release from prison, Ives will serve a three-year term of supervised release.  Ives was ordered to pay restitution in the amount of $9,073.

On February 4, 2019, Ives entered Bank of the West at 8707 West Center Road in Omaha with a blue scarf covering his face.  He demanded money from multiple tellers.  Ives left the bank with approximately $13,769.99, including some $20 bait bills.  On February 13, 2019, Ives contacted the Omaha Police Department stating he was responsible for the robbery.  Omaha Police officers responded to his location and placed him under arrest.

This case was investigated by the Federal Bureau of Investigation and the Omaha Police Department.

 

United States Attorney Joe Kelly announced that Brenda K. Harmon, 36, of Omaha, Nebraska, was sentenced today to 135 months in prison by United States District Court Judge Robert F. Rossiter, Jr. for conspiracy to distribute and possess with intent to distribute methamphetamine. In addition to her prison term, Harmon will serve 5 years of supervised release following her release from prison. 

Beginning in January 2018, law enforcement officers began investigating Harmon for distributing methamphetamine.  Undercover officers were able to buy directly from Harmon, and did so on a number of occasions.  At the time of her arrest on April 27, 2018, Harmon was in possession of more than 100 grams of pure methamphetamine.

The Omaha Police Department was the investigating agency.

United States Attorney Joe Kelly announced that on November 1, 2019, Giel Riak, 21, of Omaha, was sentenced to 66 months in federal prison by United States District Judge Judge Robert F. Rossiter, Jr. for distribution of marijuana and selling two handguns in connection with drug trafficking.  There is no parole in the federal system.  Riak was ordered to serve five years on supervised release after the completion of his prison term.  Riak is also subject to deportation following imprisonment. 

On December 7, 2018, Riak sold a confidential informant marijuana and two 9mm handguns.  During this buy, the informant’s vehicle was equipped with audio and video recording equipment, which captured the drug and guns sale.

This case was part of a Project Safe Neighborhood initiative and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department as part of a larger operation to make controlled purchases of firearms and narcotics, specifically targeting members of the Trip Set and African Pride gang.

United States Attorney Joe Kelly announced that Rodney Lee Owen, age 57, of Blue Springs, Missouri, was sentenced today in federal court in Omaha, Nebraska, for violations of the Lacey Act.  United States Magistrate Judge Michael D. Nelson sentenced Owen to five years’ probation for trafficking wildlife, a misdemeanor.  Owen was ordered to pay a fine in the amount of $25,000 and restitution in the amount of $25,000.  During his term of probation, Owen will not be permitted to hunt, trap, assist or be present with anyone engaged in those activities at any location or conduct or affiliate with any filming, recording, or television or media productions related to hunting.

A joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division determined that in the fall of 2015, 2016, and 2017, Owen traveled to Hidden Hills Outfitters, a commercial big game guiding and outfitting business located near Broken Bow, Nebraska, to conduct wildlife hunts.  During the hunts, Owen and Hidden Hills Outfitters owners and employees had knowledge regarding the presence of bait at the proposed hunting locations.   Under Nebraska state law, it is illegal to hunt within 200 yards of bait.    

In 2015, 2016, and 2017, Owen hunted or took record-book deer within baited areas managed by Hidden Hills Outfitters including a 2015 white-tailed deer named “3-Way,” a 2016 white-tailed deer named “Dirty Harry,” and a 2017 mule deer named “Inline.”  Owen initially wounded the 2017 mule deer with a bow during archery season. The following day Owen accompanied a Hidden Hills Outfitters owner and guide recovering only the deer head, cape, and antlers, and wasting the edible meat after witnessing the Hidden Hills Outfitters owner and guide unlawfully killing the deer with a rifle.  Prior to the 2017 mule deer hunt, Owen also unlawfully killed a pronghorn without a valid permit. 

Owen, assisted by others, recorded and submitted video recordings associated with some of the hunts to Drury Outdoors, a commercial hunting video production company, for inclusion on Drury Outdoors television shows, of which, the 2015 and 2016 hunts were featured on Drury Outdoors Dream Seasons 13 and 14 shows.  The wildlife illegally taken by Owen was also subsequently transported from Nebraska to Missouri.

Owen paid Hidden Hills Outfitters for the guiding and outfitting services provided for the hunts.   As part of a negotiated payment, Hidden Hills Outfitters only charged Owen approximately half the standard Hidden Hills Outfitters rate in exchange for Owen naming and promoting Hidden Hills Outfitters upon the video recordings obtained from the hunt, intended for commercial video production.

Today’s conviction marks the first formal sentencing in the ongoing prosecution of numerous defendants related to violations committed by owners, guides, and clients of Hidden Hills Outfitters.  To date, nineteen defendants have pleaded guilty and have been sentenced and ordered to pay a total of $101,700 in fines and restitution for underlying violations related to deer taken within baited areas; deer, pronghorn, and wild turkeys taken with weapons or firearms prohibited during their respective hunting seasons; deer taken during closed season hours, from the road, or without a valid permit; and mule deer taken within the Mule Deer Conservation Area.

The operation was a joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division.

United States Attorney Joe Kelly announced that Sonia K. Frear, 48, of Norfolk, Nebraska, was sentenced today to 92 months in prison by Senior United States District Court Judge Laurie Smith Camp for possession with intent to distribute methamphetamine. There is no parole in the federal system. In addition to her prison term, Frear will serve 5 years of supervised release following her release from prison. 

On April 17, 2018, law enforcement conducted a probation check on Frear.  Frear had 42 grams of methamphetamine on her, and a safe with 280 grams of methamphetamine was also located in her residence.  Frear admitted to her involvement in distributing methamphetamine.

The Nebraska State Patrol and the SNARE Drug Task Force were the investigating agencies.

United States Attorney Joe Kelly announced that Harley A. McGraw, 26, of Norfolk, Nebraska, was sentenced on October 25, 2019, to 188 months in prison by United States District Court Judge Robert R. Rossiter, Jr. for conspiracy to distribute and possess with intent to distribute methamphetamine. There is no parole in the federal system.  In addition to his prison term, McGraw will serve 5 years of supervised release following his release from prison. 

On October 8, 2017, law enforcement conducted a traffic stop on McGraw, who had 12.4 grams of methamphetamine in his possession.  In addition, several witnesses provided information implicating McGraw as a distributor of methamphetamine in the Norfolk, Nebraska, area.  The evidence showed that McGraw distributed at least 5 kilograms but not more than 15 kilograms of methamphetamine from at least December 2017 until he was arrested in October 2018.

The Nebraska State Patrol and the SNARE Drug Task Force were the investigating agencies.

 

United States Attorney Joe Kelly announced that on October 24, 2019, following a four-day jury trial in federal court in Omaha, Jack Eugene Knight, age 53, was convicted of two counts of receipt of child pornography and two counts of possession of child pornography.  Knight is being held in federal custody pending sentencing. 

The evidence at trial established that a November 2017 CyberTip from the National Center for Missing and Exploiting Children led federal law enforcements agents from the Department of Homeland Security to investigate Knight for committing federal child exploitation offenses.  As part of the investigation, on August 22, 2018, federal agents executed a search warrant of Knight’s van which is where Knight was living at the time.  Agents seized two cellular telephones, one laptop, and multiple external storage devices.  Knight admitted to agents to collecting child pornography and told agents that child pornography would be located on the devices inside of his van.  Knight also told agents that he had a storage unit in Lincoln, Nebraska which contained more devices containing child pornography.  Agents traveled to Lincoln and collected three laptops from the defendant’s storage unit in Lincoln.

On September 24, 2018, after conducting initial forensics of some of Knight’s devices, agents arrested Knight in Valley, Nebraska.  At the time of the arrest, Knight had a new cellular phone that he obtained after the August 22, 2018 search warrant.  Knight admitted that additional child pornography would be located on this new cellular phone.  Agents seized the new cellular phone for forensic analysis. 

Agents conducted forensics analysis of Knight’s devices.  Among Knight’s laptops, cell phones, and external storage devices, agents located more than 8,000 images of child pornography and 3,000 videos of child pornography.  The images included children under the age of 12 and prepubescent minors engaging in sex acts. 

Knight has prior convictions for attempted sexual assault of a child (1996- Lancaster County, Nebraska), Third Degree Sexual Assault of a Child (2013- York County, Nebraska), and Possession with Intent to Distribute Visual Depiction of Sexually Explicit Acts (2013- York County, Nebraska).  Knight is a registered sex offender in the state of Nebraska.

Knight’s two convictions for receipt of child pornography both carry a mandatory minimum of 15 years in prison and a maximum of 40 years.  Knight’s two convictions for possession of child pornography both carry a mandatory minimum of 10 years in prison and a maximum of 20 years.  Knight will be sentenced on January 17, 2020.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The case was investigated by the Department of Homeland Security-Homeland Security Investigations. 

United States Attorney Joe Kelly announced that on October 24, 2019, Senior United States District Judge Richard G. Kopf, sentenced Hersel Raymar Bradley, 41, of Lincoln, to 19 years and seven months, (235 months) in prison.  Bradley pled guilty to a charge of conspiracy to distribute, and possess with intent to distribute, 500 grams or more of methamphetamine, 5 grams or more of methamphetamine actual and 500 grams of cocaine in July of 2019.  Information provided to law enforcement indicated Bradley was responsible for the distribution of at least 15 kilograms (approximately 33 pounds) of methamphetamine mixture, at least 20 grams (approximately ¾ ounce) of methamphetamine actual and at least 500 grams (approximately 18 ounces) of cocaine in the Lincoln area between August of 2016 and August of 2018.  Following the prison term, Bradley will serve five years on supervised release.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 18 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Craig A. Harbaugh, 44, a Dodge County Sheriff’s Deputy, is the subject of a 15-count Indictment.  Counts 1 through 13 charge Wire Fraud between October 2014 and October 2019.  It is alleged that Harbaugh and his company, Tactical Solutions Gear, LLC, defrauded a bank and six victims of $10,979,214.  The remaining counts charge Harbaugh with Bank Fraud resulting from the same scheme.  Harbaugh was arrested and had his initial appearance on October 23, 2019 in federal court in Omaha.

*          Jose G. Aguilera Negrete, age 27, and Andrea Gall, age 20, of Grand Island, Nebraska, are charged in a four-count Indictment.  Count I charges both defendants with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about October 4, 2019.  The maximum possible penalty if convicted is Life imprisonment each, $10,000,000 fine each, 5-year term of supervised release each, and a $100 special assessment each.  Count II charges Aguilera Negrete with distribution of 5 grams or more of methamphetamine (actual) on or about December 5, 2018.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Count III charges Aguilera Negrete with distribution of 50 grams or more of methamphetamine (actual) on or about December 11, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Count IV charges Aguilera Negrete with distribution of 50 grams or more of methamphetamine (actual) on or about December 19, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.   

*          Merlin Calles-Jovel, age 28, is charged with illegal reentry after deportation on or about October 10, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Adelfo Diaz-Castelan, age 28, is charged with illegal reentry after deportation on or about September 24, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Demontrae Dixon, age 21, is charged with user in possession of a firearm on or about August 16, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Merrill Johnston, age 35, of North Platte, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about September 13, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with felon in possession of a firearm on or about September 13, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about September 13, 2019.    

*          Juan Antonio Lopez Ambrocio, age 41, is charged with illegal reentry after deportation on or about April 15, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Warren Mackey, age 65, of Niobrara, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with Aggravated Sexual Assault of a child under the age of 12, from on or about August 4, 2019.  The maximum possible penalty if convicted is 30 years-Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with Abusive Sexual Contact from on or about August 4 2019.  The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. 

*          Zachary R. Macomber, age 27, of Annapolis, Minnesota, and Drake L. Banks, age 28, of St. Louis, Missouri, are charged with felon in possession of a firearm by a prohibited person on or about September 19, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment each, a $250,000 fine each, a 3-year term of supervised release each, and a $100 special assessment each. 

*          Felipe Samuel-Gomez, age 33, is charged with illegal reentry after deportation following a felony conviction on or about October 3, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Skyler F. Sanders, age 33, of Omaha, is charged with possession with intent to distribute 28 grams or more of crack cocaine on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 3-year term of supervised release, and a $100 special assessment. 

*          Jose Feliciano Tovar-Quintero, age 41, and Wilfredo Diaz-Lopez, age 36, are charged in a three-count Indictment.  Count I charges both defendants with conspiracy to distribute 50 grams or more of methamphetamine (mixture) on or about September 4, 2019 and continuing to on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment each, $5,000,000 fine each, 4-year term of supervised release each, and a $100 special assessment each.  Count II charges Diaz-Lopez with possession with intent to distribute of 50 grams or more of methamphetamine (mixture) on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count III charges Tovar-Quintero with possession with intent to distribute of 50 grams or more of methamphetamine (mixture) on or about October 3, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about October 3, 2019. 

*          Elmer Eduvi Vasquez Fuentes, age 38, is charged with illegal reentry after deportation on or about September 16, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Johnnie White, age 33, of Heatwell, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with distribution of 50 grams or more of methamphetamine (mixture) on or about May 14, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with distribution of methamphetamine (mixture) on or about May 10, 2019.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.

 

United States Attorney Joe Kelly announced that Dwight Morris, 37, was sentenced today in federal court in Omaha for Domestic Assault by a Habitual Offender. The Honorable Laurie Smith Camp sentenced Morris to 24 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Morris will serve a three-year term of supervised release.

In August 2018 the female victim reported to law enforcement that Morris had physically abused her over a period of days, including striking her face and body and choking her. Officers observed bruising on various parts of the victim’s body consistent with her reports. Morris has two previous convictions for crimes, which, if subject to federal jurisdiction, would constitute domestic assault.

This case was investigated by Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Derrica Pitts, 25, of Bridgeport, Nebraska, was sentenced today to 37 months in prison by Senior United States District Judge Laurie Smith Camp for possession with intent to distribute heroin and methamphetamine. In addition to her prison term, Pitts will serve three years of supervised release following her release from prison.

On February 27, 2019, law enforcement set up a purchase of an ounce of heroin and an ounce of methamphetamine in Sidney, Nebraska, with Pitts.  She agreed to sell the heroin and methamphetamine for $1,350 and was then arrested.

This case was investigated by the Nebraska State Patrol.

United States Attorney Joe Kelly announced that Senior United States District Judge Richard G. Kopf sentenced Angelo Benjamin Ybarra today to ten years and one month, (121 months), in prison for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine between July of 2017 and March of 2019.  Information provided to law enforcement indicated Ybarra, 39, of Lincoln, was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine in the Lincoln area during that time-frame.  

On March 11, 2019, a search warrant was executed at Ybarra’s Lincoln residence.  During that search, officers found more than 26 ounces of methamphetamine, a handgun and more than $15,000 in cash.

Following the prison term, Ybarra will serve five years on supervised release.  Ybarra will also forfeit $15,867.01 in cash to the United States of America.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

 

United States Attorney Joe Kelly announced that on October 17, 2019, Chief United States District Judge John M. Gerrard sentenced Hannah Pauly to a term of imprisonment of 70 months.  Pauly, 24, of Kearney, Nebraska, pleaded guilty to Conspiracy to Distribute Methamphetamine. 

In January 2019, investigators received information from the Nebraska State Penitentiary regarding possible drug activity involving defendant’s brother, Dustin Pauly, who was then an inmate at the Penitentiary.  Investigators determined that the defendant accepted a parcel containing several pounds of methamphetamine at her residence in Kearney, Nebraska.  The delivery of the parcel was coordinated by Dustin Pauly while he was incarcerated.  Investigators obtained a warrant to search the residence and recovered five bundles of methamphetamine in varying quantities totaling close to five pounds.  Defendant and her roommate, Jose Santos-Zepeda, were arrested and indicted by the Grand Jury with Dustin Pauly.  On August 15, 2019, Chief Judge Gerrard sentenced Dustin Pauly to a term of imprisonment of 262 months as a result of his role in the methamphetamine delivery.

The case was primarily investigated by the Nebraska State Patrol, the Kearney Police Department, and the Central Nebraska Drug and Safe Streets Task Force.

United States Attorney Joe Kelly announced that Paul Sellon, age 63, of Hamburg, Iowa, was sentenced today in federal court in Lincoln for Theft of Government Money. Senior United States District Judge Richard G. Kopf sentenced Sellon to 24 months’ imprisonment. There is no parole in the federal system. Sellon will begin a 3-year term of supervised release upon his release from prison. Sellon was also ordered to pay $314,121.00 in restitution to the United States Department of Education.

Sellon was the Superintendent of Santee Community Schools on the Santee Sioux Nation Reservation in Santee, Nebraska from 2010 to 2014. Sellon’s duties as Superintendent included administering the development and maintenance of a positive educational program and recommending and implementing the school district’s professional development plan and staff training. Sellon caused Santee Community Schools to contract with an educational consulting business owned and operated by an associate of Sellon. This educational consultant was paid to provide services to the Santee Community Schools with funds from the American Recovery and Reinvestment Act School Improvement Grant. As a precondition to this educational consultant being hired by Santee Community Schools, Sellon informed the consultant that the consultant would have to pay Sellon a portion of the proceeds he would receive from the School Improvement Grant. From 2012 to 2013, Sellon received $314,121.00 of the School Improvement Grant funds as a result of this kickback arrangement.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Brian Joseph Bowder, 41, of Lincoln, was sentenced today to 23 years and seven months in federal prison by Chief United States District Judge John M. Gerrard for conspiracy to distribute and possess with the intent to distribute actual (pure) methamphetamine, methamphetamine mixture and marijuana between August of 2017 and July of 2018.  Following the prison term, Bowder will serve 10 years on supervised release.

Information provided to law enforcement indicated that Bowder was responsible for the distribution of at least 5 grams of methamphetamine actual, at least 5 kilograms (11 pounds) of methamphetamine mixture and less than a kilogram of marijuana in the Lincoln area during that time-period.  Bowder admitted as part of his plea agreement that he possessed a firearm in connection with this offense.  

Between December of 2017 and February of 2018, an undercover officer made six purchases of methamphetamine from Bowder for a total of more than 30 grams.  Purity analysis on two of those purchases showed at least 11 grams of actual (pure) methamphetamine.  During one purchase, Bowder also provided a small amount of marijuana to the undercover officer. 

In February of 2018, Bowder was contacted by Lincoln Police officers and was found in possession of drug paraphernalia.  At that time, he admitted he was selling methamphetamine and marijuana.  A search warrant was executed at his residence.  During the search, officers found a small amount of methamphetamine and packaging materials. 

On two occasions in July of 2018, Bowder was contacted by LPD officers and was found in possession of small amounts of methamphetamine.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney for the District of Nebraska Joe Kelly announced that U.S. District Judge Donovan Frank, District of Minnesota, sentenced Javonn T. Lewis, 24, this week to 6 years, 10 months’ imprisonment for his involvement in two robberies.  Lewis previously pleaded guilty to the robberies; one in Omaha and one in Edina, Minnesota. He was also ordered to pay $81,057 in restitution and will be required to serve 3 years of supervised release after his release from prison. 

On March 11, 2018, the Walgreens Pharmacy at 1701 South Street, Lincoln, Nebraska was robbed by Lewis.  He entered the pharmacy, threatened to kill the pharmacist and then took more than $20,000 worth of controlled substances.  He was not immediately caught.  A couple weeks later, empty pill bottles from the Walgreens were found on the grounds of a Lincoln hotel and Lewis’s fingerprints were found on one of the bottles. 

On July 17, 2018, Lewis robbed a Walgreens Pharmacy in Edina, Minnesota by threatening employees with a replica firearm. Approximately $51,000 of controlled substances were taken.

Lewis was arrested in Minnesota.  The FBI was able to link the two cases.  The U.S. Attorney’s office for the District of Nebraska coordinated with the U.S. Attorney’s Office from the District of Minnesota for Lewis to enter his guilty plea in Minnesota.   

The Lincoln Police Department and the FBI Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives were responsible for the investigation.

United States Attorney Joe Kelly announced that Agustin Jaime Enriquez-Jimenez, 44, of Omaha, Nebraska, was sentenced today for possession with intent to distribute 50 grams or more of actual methamphetamine.  Senior United States Senior District Judge Laurie Smith Camp sentenced Enriquez-Jimenez to 70 months’ imprisonment. There is no parole in the federal system.  In addition to his prison term, Enriquez-Jimenez will serve five years of supervised release following his release from prison.  He must also forfeit to the United States Government $10,229 in U.S. currency.

Using a confidential informant, Omaha Police Officers made three one-ounce controlled buys of methamphetamine from Enriquez-Jimenez. Officers also seized more than ten ounces of methamphetamine and $10,229 in U.S. currency during a search of his residence on October 16, 2018.

This case was investigated by the Omaha Police Department.

United States Attorney Joe Kelly announced that Gary Fellows, 45, was sentenced today in federal court in Omaha for his role in the armed robbery of a United States Postal Service tractor-trailer operator. In April, Fellows entered pleas of guilty to charges of Hobbs Act Robbery and Use of a Firearm in Furtherance of a Crime of Violence. Today the Honorable Laurie Smith Camp sentenced Fellows to 300 months’ imprisonment. There is no parole in the federal prison system. After serving his sentence, Fellows will began a five-year term of supervised release.

At 9:30 p.m. on December 14, 2018, while at the United States Post Office Distribution Center in Grand Island, Nebraska, a postal employee was approached by a masked man brandishing a handgun. The masked man forced the victim into the passenger seat of the victim’s tractor-trailer at gunpoint, covered the victim’s head, and bound his hands. Fellows then drove the tractor-trailer to a rest area off Interstate 80 where the men further restrained the victim and removed remittance bags from the trailer. They entered a pick-up truck and fled the scene. The loss to the United States Post Office from the robbery was $68,507.04. At the time of the robbery, Fellows was employed as a tractor-trailer operator for the United States Postal Service out of Omaha, Nebraska. Fellows has a prior federal court conviction for bank robbery.

“The sentencing today serves as yet another example of the unending dedication of the U.S. Postal Inspection Service to protect the employees of the United States Postal Service. When someone violently kidnaps and robs one of our employees, we stop at nothing to identify those responsible,” said Bill Hedrick, Inspector in Charge of the Denver Division of the United States Postal Inspection Service, which covers Nebraska. “We are proud of the work done by the Postal Inspectors and our law enforcement partners, U.S. Postal Service Office of Inspector General, Nebraska State Patrol, Grand Island Police Department, Hall County Sheriff’s Department and the United States Attorney’s Office, to bring these perpetrators to justice.”

Co-defendants, Sidney Britt and Joshua Britt, are scheduled to be sentenced on November 18, 2019, for their roles in the robbery.

This case was investigated by Bryce Husak of the Postal Inspection Service, the U.S. Postal Service Office of Inspector General, the Nebraska State Patrol, the Hall County Sheriff’s Office, and the Grand Island Police Department.

United States Attorney Joe Kelly announces that Seth Perina, age 43, was sentenced today in federal court in Omaha, Nebraska, for possession with intent to distribute methamphetamine and marijuana. Perina was also sentenced for possession of a firearm in furtherance of drug trafficking. Senior United States District Court Judge Laurie Smith Camp sentenced Perina to 90 months of imprisonment. The sentence included 60 months’ imprisonment because Perina possessed firearms in connection with the drug charge. After completing his term of imprisonment, Perina will begin a 3-year term of supervised release.

On September 11, 2018, law enforcement officers executed a search warrant on Perina’s Fremont, Nebraska, residence. Inside, officers located Perina and a safe containing more than 50 jars of marijuana, drug packaging materials, $12,200 in cash, and more than 7 grams of actual methamphetamine. A gun case containing ammunition and two .22 caliber handguns were found behind the safe.       

This case was investigated by III CORPS Drug Task Force.

United States Attorney Joe Kelly announced that Brooklyn Pohl, age 37, of Wisconsin, was sentenced today in federal court by United States District Court Judge Robert F. Rossiter, Jr.  Pohl received a sentence of 10 years’ imprisonment.  There is no parole in the federal system.  After her release from prison, she will begin a five-year term of supervised release.

On November 22, 2016, law enforcement made contact with a 16-year-old minor who was found to be by herself at a truck stop in Gretna, Nebraska.  Investigators with the Nebraska State Patrol determined that between November 18, 2016, and November 22, 2016, Brooklyn Pohl and the minor female traveled from Illinois to Iowa and Nebraska.  While traveling together, Pohl transported and advertised the minor for the purpose of engaging in prostitution in the States of Iowa and Nebraska.  Pohl and the minor stayed together at various motels in Iowa and Nebraska, posting online advertisements offering to perform sex acts for money.  Pohl, using her cell phone as well as the cell phone of the minor, advertised the minor’s picture on Backpage.com to solicit commercial sex.  After posting the minor’s picture and advertisement on Backpage.com, Pohl would assist the minor with negotiating the price of the commercial sex acts with potential customers. 

As a result of the Backpage.com advertisements, the minor engaged in numerous commercial sex acts in Iowa and Nebraska.  Oftentimes, Pohl would remain in the motel room while the minor engaged in sex acts with customers.  Pohl used at least some of the money from the minor’s commercial sex acts to purchase a vehicle in Iowa, which Pohl then used to transport herself and the minor to Nebraska, where they continued to advertise and engage in sex acts. 

This case was investigated by the Nebraska State Patrol, Federal Bureau of Investigation, the Nebraska Attorney General’s Office, and the Sheboygan Police Department, Sheboygan, Wisconsin.

 

United States Attorney Joe Kelly announced that United States District Court Judge Robert F. Rossiter, Jr. sentenced Rolley D. Bennett, Jr., age 53, of Omaha, Nebraska, to a jail term of 12 months and 1 day for the willful failure to pay withholding and F.I.C.A taxes.  There is no parole in the federal system.  Once released from prison, Bennett will begin a 3-year term of supervised release.  Bennett was ordered to pay restitution in the amount of $31,576.19 to the Internal Revenue Service.

Bennett, while the controller of Diesel Power Equipment Company, headquartered in Omaha, during the period of 2013 and 2014, failed to pay approximately $879,000 in payroll trust fund taxes to the Internal Revenue Service.

Diesel Power was a business that engaged in the distribution and repair of diesel engines, generators, pumps, parts and accessories, primarily to the mining, railroad, industrial equipment, and agricultural irrigation industries. Bennett’s failure to make the payroll trust fund tax payments in 2013 and 2014 resulted in Diesel Power ultimately going out of business. Bennett took steps to willfully conceal the nonpayment of Diesel Power employment taxes including creating cash flow reports, which reported the employment tax liabilities had been paid and creating journal entries in the company’s general ledger, which accrued the employment tax liabilities and their associated payments.

“As the individual who controlled the finances, Mr. Bennett was entrusted to collect and turn over all IRS withholding taxes,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation.  “Failure to remit those employment taxes resulted in the loss of tax revenue to the government and the possible loss of future social security or Medicare benefits for the employees.”

This case was investigated by the Criminal Investigation Division of the Internal Revenue Service.

United States Attorney Joe Kelly announced that Manazheega Cleveland, age 20, was sentenced today by United States District Court Judge Robert F. Rossiter, Jr. to 54 months’ imprisonment for an armed robbery of the Pony Express gas station on the Omaha Nation Indian Reservation. Cleveland will also be on supervised release for a period of three years when he is released from prison.  

When he was 18 years old, Cleveland entered the Pony Express gas station, along with a juvenile who brandished a shotgun at the store clerk, and demanded cash from the register. The store clerk complied and the two were able to get away on foot with just over $1,300. Cleveland will also be required to pay restitution for the stolen amount.

This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Stacy Kretchmer, 43, of Omaha, Nebraska, was sentenced on October 4, 2019, to 24 months in prison by United States District Judge Robert F. Rossiter, Jr. for possession with intent to distribute 50 grams or more of actual methamphetamine. In addition to her prison term, Stacy Kretchmer will serve two years of supervised release following her release from prison. 

On August 24, 2018, as part of a DEA wiretap investigation, investigators intercepted communications that Kretchmer was going to transport methamphetamine on behalf of a drug trafficking organization.  Kretchmer was stopped on the way to meet coconspirators and 730 grams of actual methamphetamine were seized.

This case was investigated by the Drug Enforcement Administration.

United States Attorney Joe Kelly announced that Casey Kountze, age 41, was sentenced in federal court today in Omaha, Nebraska, for distribution of child pornography.  Senior District Court Judge Laurie Smith Camp sentenced Kountze to 66 months’ imprisonment.  There is no parole in the federal system.  After completing his term of imprisonment, Kountze will begin a five-year term of supervised release. 

Between September 1, 2017, and September 17, 2017, Kountze distributed videos of child pornography by making the videos available on the internet for other individuals to view.  Following an investigation, law enforcement officers executed a search warrant at Kountze’s Omaha residence on February 16, 2018.  Officers collected Kountze’s laptop computer which contained about 311 images of child pornography on the hard drive.  The child pornography images included children under the age of 12 and prepubescent children engaging in sex acts.   

The case was investigated by the Douglas County Sheriff’s Office and the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Cyrus A. Free, an enrolled member of the Winnebago Tribe of Nebraska, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to life imprisonment for sexually abusing a child on the Winnebago Indian Reservation. Free will be required to register as a sex offender for the remainder of his life. 

Free, age 51, sexually abused the minor victim from approximately eight years old to fourteen. Free had a previous conviction for sexually abusing a child.

This case was investigated by the Winnebago Police Department and Special Agent Jeffrey Howard with the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Tamesha Parker, 27, of Omaha, Nebraska, was sentenced today to 27 months in prison by Senior United States District Judge Laurie Smith Camp for being a felon in possession of a firearm. In addition to her prison term, Parker will serve three years of supervised release following her release from prison.

On October 13, 2017, dispatch received a call about two suspicious vehicles. Officers arrived and observed that one of the vehicles was running but unoccupied.  An independent witnesses reported observing Parker operating the vehicle prior to contact with the officers.  The other vehicle had three occupants, one of whom was Parker.  She initially gave officers a fictitious name, then fled when officers attempted to confront her.  An inventory search was conducted of the vehicle.  Officers located a purse on the passenger seat which contained a handgun.  Parker later admitted to knowing the gun was in her purse and to being a felon at the time. 

This case was investigated by the Omaha Police Department.

United States Attorney Joe Kelly announced that John Howard, 43, of North Platte, Nebraska, was sentenced today to 46 months in prison by Senior United States District Judge Laurie Smith Camp for conspiracy to distribute and possess with intent to distribute five grams or more of actual methamphetamine. In addition to his prison term, Howard will serve four years of supervised release following his release from prison.

Between September, 2017, and October, 2017, Howard sold methamphetamine to a confidential informant and to an undercover officer in North Platte.  

This case was investigated by the North Platte Police Department.

 

United States Attorney Joe Kelly announced that Marcus File, 36, was sentenced today in federal court in Omaha for his role in a bank theft. The Honorable Laurie Smith Camp sentenced File to four months’ imprisonment. There is no parole in the federal prison system. After his release from prison, File will serve a three-year term of supervised release. His sentence will run consecutive to state sentences for delivery and possession of controlled substances.

In December 2017, federal agents began investigating suspicious withdrawals from an account at First Nebraska Bank in Fremont, Nebraska. The investigation showed that between August 2017 and December 2017, Marcus File and his wife, Erica File, a bank employee, acted together to make unauthorized withdrawals from a customer’s account. Marcus File has been ordered to pay restitution to the bank, who reimbursed the unauthorized withdrawals. Co-defendant Erica File is scheduled to be sentenced on November 18, 2019.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Phong T. Duong, age 49, and Oanh T. Pham, age 46, both of Lincoln, Nebraska, were sentenced today in federal court in Omaha, Nebraska, for violations of the federal Lacey Act.  United States District Court Judge Robert F. Rossiter, Jr., sentenced Duong to two years’ probation for conspiring to traffic wildlife, a felony. Judge Rossiter sentenced Pham to two years’ probation for the illegal taking, transport, and selling of fish, a misdemeanor. Both were ordered to pay restitution in the amount of $16,000.

A joint investigation conducted by the U.S. Fish and Wildlife Service, Nebraska Game and Parks Commission, and Kansas Department of Wildlife, Parks and Tourism determined that Duong, and his spouse, Pham operated a business out of their Lincoln, Nebraska, residence that sold wildlife and fish to customers located in Nebraska. 

At various times between May 2013 and July 2016, Duong and Pham obtained fish, typically consisting of crappie, white bass, and wiper, from the Kirwin National Wildlife Refuge, and other reservoirs, located in the State of Kansas, in violation of Kansas wildlife laws. To avoid detection and evade law enforcement, Duong and Pham would routinely change fishing locations upon the Kirwin National Wildlife Refuge, and other reservoirs, stash fish at off-site locations, and utilized “straw fishermen” including minor children and others to conceal fish taken in excess of the established possession limits.  Duong and Pham regularly transported the illegally taken fish from the State of Kansas to the State of Nebraska.  Upon arrival in the State of Nebraska, the fish would be cleaned and bagged at Duong and Pham’s residence.  Duong and Pham would then sell the fish to customers located in Nebraska for a profit.

“The U.S. Fish and Wildlife Service is committed to protecting native species and their habitats for the continuing benefit of the American people," said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “Overfishing impacts local economies and fish populations. It also deprives law abiding citizens and others who enjoy outdoor recreation activities related to these resources. We will continue to work with our partners to vigorously investigate and apprehend those involved with the unlawful acquisition, sale, and exploitation of our nation's natural resources. Together, we will ensure that our country's wildlife and wild places are protected for generations to come.”

This case was investigated by the U.S. Fish and Wildlife Service, Nebraska Game and Parks Commission, and Kansas Department of Wildlife, Parks and Tourism.

United States Attorney Joe Kelly announced that United States District Court Judge Robert F. Rossiter, Jr. sentenced Crete Core Ingredients L.L.C. on September 26, 2019, to pay a fine in the amount of $100,000 following the company’s misdemeanor conviction for violating the federal Clean Water Act.  Crete Core Ingredients., a Crete, Nebraska-based company, specializes in processing animal materials and byproducts for the pet food industry.

Investigation by the Environmental Protection Agency Criminal Investigation Division determined that on June 19, 2013, Crete Core Ingredients was issued a wastewater discharge permit by the Nebraska Department of Environmental Quality.  The permit authorized the discharge of wastewater from the Crete Core Ingredients facility to the City of Crete’s publicly owned water treatment facility.  The permit set forth limits on the amount of certain pollutants that were allowed to enter the water treatment facility.  The permit further provided that in the event of a permit violation, Crete Core Ingredients was subject to penalties and sanctions as provided by the federal Clean Water Act.  

On or about August 5, 2014, Crete Core Ingredients exceeded its wastewater discharge permit, thus violating the federal Clean Water Act.  On August 5, 2014, wastewater flow data from Crete Core Ingredients to the City of Crete’s publicly owned water treatment facility showed a discharge of certain pollutants over twice the daily maximum that was permitted under the permit issued.

This case was investigated by the Environmental Protection Agency Criminal Investigation Division.

United States Attorney Joe Kelly announced that Cody Metter, 31, formerly of Scottsbluff, Nebraska, was sentenced today in Lincoln, Nebraska, to 87 months in prison by Chief United States District Judge John M. Gerrard for receipt of child pornography.  There is no parole in the federal prison system.  In addition to his prison term, Metter will be required to serve 12 years on supervised release and register as a sex offender. Metter was also ordered to pay $4,000 in restitution.

In March of 2018 the National Center for Missing and Exploited Children (NCMEC) reviewed a CyberTip submitted by Snapchat, regarding a child pornography video uploaded on their platform.  Agents with the Federal Bureau of Investigation were able to identify Metter as the account holder of the originating IP address that uploaded the video.

A federal search warrant was executed on Metter’s home in Scottsbluff in August of 2018, and computer equipment was seized.  Forensic examination of the computer equipment located approximately 1,700 videos and more than 25,000 images of child pornography.  Metter admitted that he had been receiving and downloading child pornography since he was 11 years old. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Omaha FBI’s Child Exploitation and Human Trafficking Task Force.