District of Nebraska

United States Attorney Joe Kelly announced today that former Omaha Tribal Council Member Doran Morris, Jr. (age 44), was sentenced by United States District Court Judge Robert F. Rossiter, Jr. for his conviction of one count of conversion and misapplication of funds of a health care benefit program in violation of Title 18, United States Code, Section  669.  Morris was sentenced to five years of probation and was ordered to perform 200 hours of community service.   In addition, Morris was ordered to pay restitution in the amount of $13,404.44 which was the amount he personally received. 

According to the Indictment and Plea Agreements, the Omaha Tribe of Nebraska had filed Contract Disputes Act claims against the Indian Health Service, an agency of the United States Department of Health and Human Services.  These claims were filed in 2005 and 2012, and concerned unpaid contract support costs covering the period of 1995-2011.  The total amount of the claims was approximately $8.9 million.  The Indictment alleges that the defendants converted and misapplied funds of a health care benefit program by paying and causing to be paid bonuses or incentives to themselves and several other tribal employees on account of the claim filings.  These bonuses or incentives were paid in October of 2012 even though the claims against the Indian Health Service were not resolved and paid until late 2015.  Funds used to pay the bonuses came from carryover funds from the fiscal year 2012 contract with IHS.  These funds were supposed to be used for providing health care to members of the Omaha Tribe of Nebraska through the Carl T. Curtis Health Education Center. 

Previously, eight other former tribal council members and tribal employees were sentenced for their roles in this offense.  All defendants charged in the Indictment have now been sentenced.

This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services. 

United States Attorney Joe Kelly announced today that Assistant United States Attorney (AUSA) Laurie Kelly, no relation, will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.  AUSA Kelly has been appointed to serve as the District Election Officer (DEO) for the District of Nebraska, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with the United States Department of Justice’s headquarters in Washington, D.C.

United States Attorney Kelly said, “Every citizen must be able to vote without interference or discrimination and to have that vote be counted.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Kelly stated that AUSA/DEO Laurie Kelly will be on duty in this District while the polls are open.  Polling sites are open from 8 A.M. until 8 P.M. in the Central Time Zone, and 7 A.M. until 7 P.M. in the Mountain Time Zone.  AUSA Kelly can be reached by the public at the following telephone number:  (402) 661-3700.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day.  The local FBI field office can be reached by the public at (402) 493-8688.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

Nebraska Secretary of State John Gale reminds voters that, should the need arise, the state’s Election Integrity Unit is on standby for Election Day concerns or complaints.  Anyone may call his office to express concerns or file a formal complaint if necessary.  Nebraskans who wish to contact the Election Integrity Unit may do so by calling (402) 471-2555, or toll-free at (888) 727-0007.  If a voter is unsure about the location of their polling site, they should call their county election office or go online to https://www.votercheck.necvr.ne.gov.

United States Attorney Joe Kelly said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

United States Attorney Joe Kelly announced that Calvin Dugan, age 30 of Lincoln, Nebraska, was sentenced October 25, 2018, in Lincoln, Nebraska, to 63 months in prison by United States District Judge John M. Gerrard, for possession of child pornography.  In addition to his prison term, Dugan will be required to serve 10 years on supervised release and register as a sex offender.  

In May 2017, New Zealand Digital Child Exploitation Team (NZDCET) observed individuals posting images and videos depicting the sexual exploitation of children using an internet website that allows users to create or enter online chatrooms.  NZDCET investigators observed an individual, later identified as Dugan, posting videos and images of child pornography.

In December, 2017, HSI Omaha and the Lancaster County Sheriff’s Office executed a federal search warrant at Dugan’s residence in Lincoln where cellular telephones and other computer storage media were seized for forensic analysis.  When interviewed Dugan admitted to investigators that child pornography would be found on his devices.  Forensic analysis revealed Dugan possessed more than 150 images of child pornography.

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 Department of Homeland Security and the Lancaster County Sheriff’s Department.

United States Attorney Joe Kelly announced that on October 25, 2018, Cristian J. Richards, 28, of Lincoln, was sentenced to 10 years and one month (121 months) in federal prison for distribution of and possession with intent to distribute 50 grams or more methamphetamine.  Richards was also sentenced to five years (60 months) in prison for carrying and possessing a firearm, during, and in furtherance of a drug-trafficking offense.  The sentence for the gun charge will be served consecutive to (after) the sentence for the drug offense.  Following the prison terms, Richards will serve five years on supervised release.

On August 31, 2017, Richards was arrested by members of the Lincoln Lancaster County Narcotics Task Force after he was seen engaging in drug transactions.  In Richards’s backpack, officers found at least 350 grams, (approximately 12 ½ ounces) of actual (pure) methamphetamine; a 9mm handgun; and $5,800 cash.  Richards had an additional $3,041 cash on his person.  As part of a plea agreement, Richards agreed to the forfeiture of $8,841 to the United States of America.

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 17 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.

*          Macario Ahilon-Lorenzo, age 40, of Lexington, Nebraska, is charged with illegal reentry after deportation from on or about September 21, 2018, and on or about September 24, 2018.  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.

*          Eulogio Banda Chavez, age 27, of Omaha, Nebraska, is charged with illegal reentry after deportation on or about June 19, 2018, 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.

*          Alyas Bertucci, age 18, Taylor Morris, age 20, and Dajuan Parker, age 20, are charged with assault in Indian Country resulting in serious bodily injury on or about August 18, 2018.  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.

*          Gustavo Chavez Rivera, age 26, of Bellevue, Nebraska, is charged with illegal reentry after deportation from on or about September 20, 2018.  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.

*          Dawn D. Clover, age 53, of Lincoln, Nebraska, is charged in a six-count Indictment.  Counts 1-5 charges the defendant with Wire Fraud on or about November 3, 2014, and continuing through at least on or about October 3, 2017.  The Indictment alleges Clover defrauded victims of social security disability payments causing losses of $34,622.86.  Count 6 charges the defendant with conversion of another’s social security benefits, beginning in or around July, 2013 and continuing without interruption until in or around October, 2017.  The maximum possible penalty if convicted of Counts 1-5 is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. The maximum possible penalty if convicted of Count 6 is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Donald James Cox, Jr., age 42, of Lincoln, Nebraska, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning on or about January 1, 2018, to on or about August 6, 2018.  The maximum possible penalty if convicted is 10 years’ imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with use of a firearm during a drug trafficking offense on or about August 6, 2018.  The maximum possible penalty if convicted is 5 years’ consecutive imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.  Count III of the Indictment charges the defendant with felon in possession of a firearm on or about August 6, 2018.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about August 6, 2018. 

*          Tristen Lasley, age 21, is charged with strangulation in Indian Country resulting in bodily injury on or about September 10, 2018.  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.

*          Jose Luna-Reyes, age 35, is charged with illegal reentry after deportation from on or about October 10, 2018.  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.

*          Tomas Mendoza-Hernandez, age 53, of Omaha, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about September 28, 2018.  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.

*          Brittany Newton, age 25, of Omaha, Nebraska, is charged with obtaining Oxycodone by fraud on or about August 20, 2018.  The maximum possible penalty if convicted is 4 years’ imprisonment, $250,000 fine, 1-year term of supervised release, and a $100 special assessment. 

*          Luis Alberto Olvera Garcia, age 35, of Omaha, Nebraska, is charged with illegal reentry after deportation from on or about September 10, 2018.  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.

 *          Cesar Pereira Castro, age 30, is charged with illegal reentry after deportation from on or about September 28, 2018.  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.

 *          Seth Perina, age 42, of Fremont, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) beginning on or about September 5, 2018, to on or about September 11, 2018.  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 of the Indictment charges the defendant with use of a firearm during a drug trafficking offense on or about September 11, 2018.  The maximum possible penalty if convicted is Life consecutive imprisonment, $250,000 fine, a 5-year term of supervised release, and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about September 11, 2018.

*          Oscar Pineda-Medina, age 43, of Grand Island, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about October 3, 2018.  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.

*          Elideth Ramirez Cruz, age 27, of Omaha, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about September 18, 2018.  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.

*          Osvaldo Ramirez Hernandez, age 41, of Fremont, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about October 10, 2018.  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 Valle, age 35, of Lincoln, Nebraska, is charged with illegal reentry after deportation from on or about September 20, 2018.  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.

 *          Frederick Alan Voight, of Richmond, Texas, is charged in a 20-count Indictment.  Counts 1-18 charges the defendant with Mail Fraud on or about Jun 25, 2012, and continuing through at least on or about May 3, 2015.  Counts 19-20 charges the defendant with money laundering, beginning in or around February 22, 2013, and continuing until in or around February 28, 2013.  The maximum possible penalty if convicted of Counts 1-18 is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. The maximum possible penalty if convicted of Counts 19-20 is 10 years’ imprisonment for each count, a $2,000,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.

United States Attorney Joseph P. Kelly announced today that former Omaha Tribal Council Chairman Amen Sheridan (age 57), and former Omaha Tribal Council members Mitchell Parker (age 70) and Jeff Miller (age 54) were sentenced on October 16, 2018, by United States District Court Judge Robert F. Rossiter, Jr. for their convictions of one count of conversion and misapplication of funds of a health care benefit program in violation of Title 18, United States Code, Section 669.  Each of these defendants was sentenced to five years of probation and ordered to perform 200 hours of community service.   In addition, these defendants were to pay restitution in the amount they each received.  Amen Sheridan and Mitchell Parker were ordered to pay $13,404.44 apiece.  Jeff Miller was ordered to pay $40,213.32.

According to the Indictment and Plea Agreements, the Omaha Tribe of Nebraska had filed Contract Disputes Act claims against the Indian Health Service, an agency of the United States Department of Health and Human Services.  These claims were filed in 2005 and 2012, and concerned unpaid contract support costs covering the period of 1995-2011.  The total amount of the claims was approximately $8.9 million.  The Indictment alleges that the defendants converted and misapplied funds of a health care benefit program by paying and causing to be paid bonuses or incentives to themselves and several other tribal employees on account of the claim filings.  These bonuses or incentives were paid in October of 2012 even though the claims against the Indian Health Service were not resolved and paid until late 2015.  Funds used to pay the bonuses came from carryover funds from the fiscal year 2012 contract with IHS.  These funds were supposed to be used for providing health care to members of the Omaha Tribe of Nebraska through the Carl T. Curtis Health Education Center. 

Previously, five other former tribal council members and tribal employees were sentenced for their roles in this offense.  Additionally, Doran Morris, Jr. has pleaded guilty and will be sentenced later in October. 

This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services. 

United States Attorney Joe Kelly announced that Becky Neeb, 37, was sentenced on Monday, October 15, 2018, in Omaha, Nebraska, by Chief United States District Judge Laurie Smith Camp for the crime of tax evasion.  Judge Smith Camp sentenced Neeb to 5 years’ probation and ordered Neeb to make restitution to the IRS in the amount of $137,374, representing the total tax loss.

Neeb willfully attempted to evade and defeat the assessment of her individual income tax for years 2011, 2012, and 2013 on her Form 1040 U.S. Individual Income Tax Returns. She evaded the assessment of her income tax liability for those years by under reporting her business receipts and over reporting her business expenses for her business, Top Notch Charms, which she operated in the Westroads Mall in Omaha.

“Tax violations have been erroneously referred to as victimless crimes, but it's the honest law-abiding citizen who is harmed when someone tries to manipulate our nation's tax system,” said Karl Stiften, IRS Criminal Investigation Special Agent in Charge.

This case was investigated by IRS Criminal Investigations.

United States Attorney Joe Kelly announced that Sire English, 26, was sentenced for failing to register as a sex offender.  The Honorable Robert F. Rossiter, Jr., sentenced English to 15 months of imprisonment.  There is no parole in the federal system.  After his release from prison, English will being a five-year term of supervised release.

English was convicted in Pottawattamie County, Iowa, of enticing a minor.  This 2013 conviction required English to register as a sex offender for ten years.  He had registered in Iowa and later in Arkansas before moving to Omaha in December, 2016.  He did not register with the Nebraska Sex Offender Registry and was arrested by the United States Marshal’s Office in June, 2017.

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 Attorney’s 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 Jonathan R. Franklin, 33, was sentenced in federal court today in Omaha, Nebraska, for bank robbery and aiding and abetting the brandishing of a firearm during a crime of violence.  The Honorable Robert F. Rossiter, Jr., sentenced Franklin to 13 years, 5 months of imprisonment.  There is no parole in the federal system.  After completing his term of imprisonment, Franklin will begin a five-year term of supervised release.  Judge Rossiter also sentenced Franklin to 3 years, 1 month of imprisonment for violating supervised release on a prior robbery conviction.  The sentences, totaling 194 months, are to be served one after the other.  He was also ordered to pay $23,100 in restitution.

On November 22, 2017, Franklin, Corita Burnett, James Fentress-Dismuke, and Vincent McGee were involved in robbing the Security Home Bank in Malmo, Nebraska.  Franklin was involved in organizing the participants and planning the robbery.  Fentress-Dismuke went into the bank brandishing a firearm and wearing a black ski mask and gloves.  Franklin was traffic stopped a short time after the robbery and officers found a mask and two loaded handguns in the trunk of his car.

Fentress-Dismuke and McGee have pleaded guilty and are pending sentencing.  Burnett has pleaded not guilty and is pending trial.

U.S. Attorney Kelly observed that today’s sentence, like other recent federal robbery sentences, underscores that violent criminals, especially those using guns, will be vigorously prosecuted and pay a heavy price.

This case was investigated by the Federal Bureau of Investigation Great Plains Robbery Task Force, the Omaha Police Department Robbery Unit, the Saunders County Sheriff’s Department, the Wahoo Police Department, the Yutan Police Department and Nebraska State Patrol.

United States Attorney Joe Kelly announced that Joseph Levering, 38, was sentenced on Friday, October 12, 2018, in Omaha, Nebraska, by United States District Judge Robert F. Rossiter, Jr., for committing a domestic assault as a habitual offender.  Judge Rossiter sentenced Levering to 20 months’ imprisonment.  After completing his term of imprisonment, Levering will begin a three-year term of supervised release.

On January 25, 2018, Levering assaulted his domestic partner on the Winnebago Indian Reservation by punching her in the face twice, causing her to lose consciousness.  At the time of the assault, Levering had four prior convictions for assaulting the same victim.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that on October 12, 2018, Carly J. Pickel, 31 of Lincoln, was sentenced to five years (60 months) in prison for conspiracy to distribute 50 grams or more of methamphetamine mixture between January of 2013 and December of 2016.  Following the prison term, Pickel will serve four years on supervised release.

Information provided to law enforcement indicated that Pickel was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine mixture with her husband, Jason Novotny.   Novotny also pled guilty to conspiracy to distribute methamphetamine.  He is scheduled for sentencing on October 19, 2018.

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

United States Attorney Joe Kelly announced that Nicollas Troy Johnson, 25, formerly of Harwood, North Dakota, was sentenced today in Lincoln, Nebraska, to 7 years in prison by United States District Judge John M. Gerrard, for coercion and enticement of a minor.  In addition to his prison sentence, Johnson will be required to register as a sex offender and serve 60 months on supervised release. 

In July, 2017 the Beatrice Police Department received a report that a 14-year-old girl had left a note at her home stating that she was running away.  The minor’s father also informed the police that his daughter had been messaging someone known as “Nico Johnson” via FaceTime.  After interviewing friends of the victim, police determined that on the morning of July 10, 2017, a dark blue SUV arrived in the area driven by an older looking male, and the minor entered the vehicle and departed the area. The friends did not know the identity of the male.  Through a review of the minor’s Facebook account, as well as open source databases, Beatrice Police investigators determined “Nico Johnson” to be the Nicollas Johnson, residing in Harwood, North Dakota.

Johnson was contacted at his residence in Harwood, North Dakota, and acknowledged being friends with the minor, but denied that the minor was at or had ever been to the residence. A search of his residence was conducted, and the minor was not located.  Later that evening, the minor was located and contacted at a Super 8 Hotel in Fargo, North Dakota.  The minor initially provided false and conflicting information about her identify and the reason she was in North Dakota, but eventually acknowledged her true identity and indicated that Johnson had picked her up in Nebraska and driven her to his home in North Dakota.  Johnson was subsequently arrested and admitted to his relationship with the minor.

This case was investigated by the Beatrice Police Department of Nebraska, along with the Grand Forks Police Department and Cass County Sheriff’s Office of Grand Forks, North Dakota.

United States Attorney Joe Kelly announced that Taylor Michael Wilson, 26, of St. Charles, Missouri, was sentenced today in federal court in Lincoln for violence against a transportation system and possession of an unregistered short barrel rifle.  The Honorable John Gerrard sentenced Wilson to 168 months imprisonment.  There is no parole in the federal system.  After his release from prison, Wilson will be on a five-year term of supervised release.  Wilson was further ordered to make restitution to Amtrak in the amount of $9,350.

Wilson boarded an Amtrak train in California on October 19, 2017.  He remained on the train as it traveled into Nebraska.  Near Furnas County, Nebraska, Wilson, armed with a handgun, broke into the engine compartment of the train.  He cut the lights to the passenger compartment and disabled the train.  Some passengers panicked and attempted to escape through the windows.

Train conductors subdued Wilson.  During the struggle, Wilson declared that he was the conductor.  He stated that he was “trying to save the train from black people.”  Wilson was restrained until law enforcement arrived, confiscated his gun and took him into custody.

Wilson claims membership in the Nationalist Socialist Movement.  A search of his residence in Missouri recovered the unregistered short barrel rifle, a copy of Mein Kampf and a play Wilson wrote about taking over America.

At sentencing the government produced evidence that Wilson participated in the riots at Charlottesville, Virginia.

When imposing sentence, Judge Gerrard stated about the day that Wilson disabled the Amtrak train, “On that day, October 21, 2017, you were a gun-toting, angry…white supremacist.” and that “Fortunately for Wilson and for others, Wilson was caught while committing this particularly senseless and violent act.” 

United States Attorney Joe Kelly stated that today’s sentence sends an important message.  Racially motivated crimes will not be tolerated.  Hate crimes such as this will be aggressively pursued to the full extent permitted by the law.  He commended the Federal Bureau of Investigation, the Furnas and Harlan County Sheriff’s Offices and Assistant United States Attorney Lesley Woods for their hard work.

“The FBI remains steadfast in our commitment to keep our country and its people safe.  This is the perfect example of what a unified partnership between different agencies and the U.S. Attorney’s Office should look like,”  FBI Omaha Special Agent in Charge Randall Thysse said.

United States Attorney Joe Kelly announced that on October 4, 2018, Bryant Omonttez Williams, 38 of Lincoln, was sentenced to 21 years and 10 months (262 months) in prison for conspiracy to distribute 500 grams or more of methamphetamine mixture and 50 grams or more of actual methamphetamine between July of 2016 and September of 2017.  Following the prison term, Williams will serve five years on supervised release.

Information provided to law enforcement indicated that Williams was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine mixture and at least 150 grams (over five ounces) of actual/pure methamphetamine.  In January of 2017, Williams was a passenger in a vehicle that was stopped by the Lincoln Police Department.  When Williams got out of the vehicle, he threw a baggie containing approximately three grams of methamphetamine on the ground and tried to spread it over the pavement with his foot.  In March of 2017, officers saw Williams engaged in what appeared to be a drug transaction.  He ran when officers tried to contact him but left a baggie containing approximately three grams of methamphetamine on the seat of the car he had been driving.  In August of 2017, Williams’s co-defendant, Nicole Kemp, was arrested for driving on a suspended license.  Her car was searched. A safe containing 528 grams of methamphetamine mixture, including at least 460 grams of actual methamphetamine, was found in the car.  Kemp said the safe belonged to Williams and said she did not know there were drugs in her car.  In September of 2017, Williams sold methamphetamine twice to a confidential informant for a total of approximately seven grams and was found in possession of an additional three grams.

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

United States Attorney Joe Kelly announced that Manuel Torres-Zapien, age 23, was sentenced in federal court Monday in Omaha, Nebraska, for one count of bank theft.  The Honorable Laurie Smith Camp sentenced Mitchell to three years’ probation.    

Torres-Zapien was formerly employed by Rochester Armored Car.  On September 5, 2017, while employed as a driver, he took a bag of currency bound for a Bucky’s Gas Station ATM.  The money belonged to Security National Bank.  Rochester was supposed to have 61 bags of currency that day and when they checked their logs they discovered there were only 60.  Torres-Zapien admitted to taking the bag containing $20,000 and returned it in full. 

The case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced today that on October 1, 2018, United States Magistrate Judge Susan M. Bazis fined Gerald Wojtalewicz, age 68 of Omaha, Nebraska, $7,500 following his misdemeanor conviction for failing to comply with federal lead-based paint disclosure requirements under the Residential Lead-Based Paint Hazard Reduction Act of 1992. 

An investigation conducted by the EPA Criminal Investigation Division determined that between November 2012 and December 2015 Wojtalewicz owned and leased an Omaha residence that contained lead-based paint.  Wojtalewicz was responsible for ensuring compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992.  Investigators determined Wojtalewicz failed to provide his tenant with lead-based paint warnings and related disclosures required under that Act.

Along with other Federal agencies, the EPA is a participant in the Federal Lead Strategy, an initiative by the Presidential Task Force on Environmental Health Risks and Safety Risks to Children.  EPA pursues both civil and criminal enforcement of lead-based paint violations, to deter noncompliance and promote a level playing-field among regulated businesses and landlords.

“If tenants are to make sound choices concerning their place of residence, it is essential they have sound information,” said Special Agent in Charge Jeff Martinez of EPA’s criminal enforcement program in Nebraska.  “Landlords and owners who fail to notify prospective tenants about the hazards of lead poisoning put those tenants at serious risk.”

 EPA has also launched a Campaign on Lead, a multi-pronged approach aimed at eliminating childhood exposure to lead in water, soil, air and other sources, as well as in paint.

            United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 29 indictments charging 30 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.

*          Daniel Argueta-Espinoza, age 23, of O’Neill, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with misuse of a social security number as his own on or about July 24, 2017.  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.  Count II charges the defendant with fraud and misuse of visas & other documents on or about July 24, 2017.  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.

*          Joel Avila-Sanchez, a/k/a Joel Avila, a/k/a Luis Alvarado, age 53, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with identity theft on or about August 7, 2017.  The maximum possible penalty if convicted is 15 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count II charges the defendant with falsely representing a Social Security number on or about August 12, 2017.  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. 

*          Santos A. Cortez-Sanchez, age 52, of O’Neill, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with misuse of a social security number on or about May 18, 2014.  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.  Count II charges the defendant with fraud and misuse of visas and other documents on or about May 18, 2014.  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.

*          Misael Cruz-Escobar, age 33, of Sioux City, Iowa, is charged with illegal reentry after deportation on or about July 12, 2018.  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.

*          Jose Angel De Anda-Urenda, age 23, of Emerson, Nebraska, is charged with illegal reentry after deportation on or about August 29, 2018.  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.

*          Devron Franklin, age 30, of Omaha, is charged with felon in possession of a firearm on or about July 2, 2017. 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.

*          Israel Gaytan-Cruz, age 37, of Omaha, is charged in a two-count Indictment.  Count I charges the defendant with illegal reentry after deportation following a felony conviction on or about September 14, 2018.  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 resisting or impeding certain officers or employees of Homeland Security on or about September 14, 2018.  The maximum possible penalty if convicted is 1 year imprisonment, a $100,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Curtis R. Gills, age 61, and Cardella L. Gills, age 61, of Omaha, are charged in a six-Count Indictment.  Count I charges the defendants with conspiracy to defraud the U.S. beginning on or about April 1, 1991 and continuing until November, 2016.  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 each.  Count II charges the Curtis with theft of Government Property on or about January 1, 1994 and continuing until November 1, 2016.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 years term of supervised release, and a $100 special assessment.  Count III charges the Curtis with false statements to a Government Agency on or about August 24, 2016.  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.  Count IV charges the defendants with false statements to a Government Agency on or about August 24, 2016.  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 each.  Count V charges the defendants with conspiracy to defraud the U.S. beginning on or about April 11, 1995 and continuing until June, 2016.  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 each.  Count VI charges the Curtis with theft of Government Property on or about August 28, 2013 and continuing until May, 2017.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 years term of supervised release, and a $100 special assessment.

*          Flor De Maria Gonzalez-De Paz, age 39, of O’Neill, Nebraska, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Melvin Hilario Gregorio-Mendez, age 26, of Lexington, Nebraska, is charged with illegal reentry after deportation on or about August 28, 2018.  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.

*          Ashley R. Jimenez, age 32, of Sterling, Colorado is charged in a two-count Indictment with distribution of 5 grams or more of methamphetamine (actual) on or about March 4, 2018 and on or about March 20, 2018.  The maximum possible penalty if convicted is 40 years imprisonment for each count, $5,000,000 fine for each count, 4 year term of supervised release for each count, and a $100 special assessment for each count. 

*          Marilyn K. Johnson, age 66, of Omaha, is charged with wrongfully obtaining individually identifiable health information on or about November 15, 2016.  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.

*          Brad Lee Martin, a/k/a Casey Lee Kagy, age 44, of Omaha, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) from on or about March 8, 2018 to on or about March 18, 2018.  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. 

*          Christian Molina, age 25, of El Paso, Texas, is charged with possession with intent to distribute 1 kilogram or more of heroin on or about July 2, 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. 

*          Diego Morales Xorxe, age 43, is charged with illegal reentry after deportation following a felony conviction on or about August 22, 2018.  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.

*          Johana Morales-Ruano, age 23, of O’Neill, is charged with falsely representing a Social Security number as his own on or about December 2, 2016.  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. 

*          Connie Estrella Moreno, age 61, is charged with possession with intent to distribute 1 kilogram or more of heroin on or about September 13, 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. 

*          Dwight Morris, Jr., age 36, of Macy, Nebraska is charged in a two-count Indictment.  Count I charges the defendant with domestic assault on or about August 15, 2018.  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 being a domestic habitual offender on or about August 15, 2018.  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.

*          Javon Murry, age 26, of Omaha, is charged with the attempted bank robbery of Mutual 1st Federal Credit Union on or about August 30, 2018.  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. 

*          Maurice J. Paola, age 23, of Las Vegas, Nevada, is charged in a two-count Indictment.  Count I charges the defendant with interference with flight crew members and attendants on or about September 3, 2018.  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.  Count II charges the defendant with assault on board an aircraft on or about September 3, 2018.  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.

*          Francisco Perez Ramos, age 22, of O’Neill, Nebraska, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Lino Margarito Quintana-Morales, age 32, of Scottsbluff, Nebraska, is charged with illegal reentry after deportation on or about May 25, 2018.  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.

*          Juan Isabel-Quishan, age 41, of Grand Island, Nebraska, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Carlos Ely Ramos Gonzalez, age 49, is charged with illegal reentry after deportation on or about August 30, 2018 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.

*          Jose Angel Romero-Hernandez, age 43, of O’Neill, Nebraska, is charged with fraud and misuse of a social security number on or about June 12, 2014.  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.

*          Roman Saquiche-Sifuentes, age 67, of O’Neill, Nebraska, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Domingo Velasquez, age 34, of Omaha, is charged with illegal reentry after deportation on or about August 24, 2018.  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.

*          Roberto Vergara Gonzalez, age 50, of O’Neill, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with false representation of a social security number on or about April 14, 2014.  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.  Count II charges the defendant with fraud and misuse of visas and other documents on or about March 21, 2016.  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.

*          Chasstady Rose Walker, age 34, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about August 27, 2018.  The maximum possible penalty if convicted is not less than 40 years imprisonment, a $5,000,000 fine, not less than a four year term of supervised release, and a $100 special assessment. 

United States Attorney Joe Kelly announced that Christopher Littlebeaver, 24, was sentenced today in Omaha, Nebraska, by Chief United States District Judge Laurie Smith Camp, for sexually abusing a minor.  Judge Smith Camp sentenced Littlebeaver to 40 months’ imprisonment.  After completing his term of imprisonment, Littlebeaver will begin a five-year term of supervised release.

On October 9, 2017, Littlebeaver knowingly engaged in a sexual act with a 15-year old minor on the Winnebago Indian Reservation. 

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced today that Michael Correia, 30, of New Bedford, Massachusetts, was sentenced in federal court in Omaha for receiving child pornography. Chief Judge Laurie Smith Camp sentenced Correia to 66 months of imprisonment. There is no parole in the federal system. After his release from prison, Correia will serve a five-year term of supervised release and will be required to register as a sex offender.

On August 10 and August 19, 2016 agents with the FBI Cyber Crimes Task Force noticed an IP address sharing child pornography associated with a building in which Correia was a tenant. They observed a file depicting an 8-year-old girl being sexually assaulted. A federal search warrant was served on Correia’s residence on February 23, 2017. A single video of child pornography was found on a device in the apartment. Other forensics determined that the device had been used to view other images and videos of child pornography.

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 Attorney’s 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 Cyber Crime Task Force (CCTF).

United States Attorney Joe Kelly announced that Aaron O. Leyva was arrested Saturday on a federal warrant.  Today, the indictment against Leyva has been unsealed.  Leyva is charged with twice distributing five grams or more of actual methamphetamine in March of 2018.  Last week, on September 20, 2018, several law enforcement agencies arrested a dozen people in the Grand Island area on drug trafficking charges.  Leyva was part of the same investigation, but he was not located until this weekend.  Leyva will have his initial appearance in front of U.S. Magistrate Judge Cheryl R. Zwart in Lincoln this week.

This case was investigated by the Central Nebraska Drug and Safe Streets Task Force, which consists of the following agencies: The Grand Island Police Department, Nebraska State Patrol, Hall County Sheriff’s Office, Kearney Police Department, Buffalo County Sheriff’s Office, Hastings Police Department, Adams County Sheriff’s Office, The Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Hall County Attorney’s Office, and the United States Attorney’s Office.

United States Attorney Joe Kelly announced today that former Omaha Tribal Council members Rodney Morris, (age 64), Forrest Aldrich (age 68) and Tillie Aldrich (age 49), and former Omaha Tribe employees Jessica Webster (age 48) and Barbara Freemont (age 66) were sentenced by United States District Court Judge Robert F. Rossiter, Jr., for their convictions of one count of conversion and misapplication of funds of a health care benefit program in violation of Title 18, United States Code, Section  669.  Each of these defendants were sentenced to five years of probation and were ordered to perform 200 hours of community service.   In addition, these defendants were to pay restitution in the amount they each received.  Rodney Morris, Forrest Aldrich and Tille Aldrich were ordered to pay $13,404.44 apiece while Barbara Freemont and Jessica Webster were ordered to pay $89,000 apiece.

According to the Indictment and Plea Agreements, the Omaha Tribe of Nebraska had filed Contract Disputes Act claims against the Indian Health Service (IHS), an agency of the United States Department of Health and Human Services.  These claims were filed in 2005 and 2012, and concerned unpaid contract support costs covering the period of 1995-2011.  The total amount of the claims was approximately $8.9 million.  The Indictment alleges that the defendants converted and misapplied funds of a health care benefit program by paying and causing to be paid bonuses or incentives to themselves and several other tribal employees on account of the claim filings.  These bonuses or incentives were paid in October of 2012 even though the claims against the Indian Health Service were not resolved and paid until late 2015.  Funds used to pay the bonuses came from carryover funds from the fiscal year 2012 contract with IHS.  These funds were supposed to be used for providing health care to members of the Omaha Tribe of Nebraska through the Carl T. Curtis Health Education Center. 

Four other former tribal council members have pleaded guilty and will be sentenced later in October.  These council members are Amen Sheridan, Doran Morris, Jr., Mitchell Parker, and Jeff Miller.

This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services. 

United States Attorney Joe Kelly announced that Arthur Marr, 41, was sentenced today in Omaha, Nebraska, by United States District Judge Robert F. Rossiter, Jr., for committing a domestic assault as a habitual offender.  Judge Rossiter sentenced Marr to 5 years’ probation.

On January 27, 2018, Marr assaulted his domestic partner on the Omaha Indian Reservation by striking and punching her.  At the time of the assault, Marr had two prior convictions for assault of an intimate partner or spouse.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Kevin Mitchell, age 32, was sentenced in federal court today in Omaha, Nebraska, for one count of robbery.  The Honorable Robert F. Rossiter, Jr., sentenced Mitchell to 151 months of imprisonment.  There is no parole in the federal system.  After completing his term of imprisonment, Mitchell will begin a three-year term of supervised release. 

On January 17, 2018, Mitchell, brandishing a machete, robbed the Walgreen’s at 3001 Dodge Street in Omaha, Nebraska.  While waiving the machete, he scratched the clerk’s arm and stated “see it’s sharp” before demanding cash from the store’s safe.  He obtained $4,300 from the store that Omaha Police Officers recovered a short time later.  Mitchell was tracked to 3021 Burt Street and was located with $2,690 in his pocket.  An additional $1,682 was found in a ceiling tile in the lower level of an apartment building. 

U.S. Attorney Joe Kelly remarked that Mitchell having two prior robbery convictions contributed to Judge Rossiter giving the 12 ½ year sentence.  Repeat violent offenders will be pursued vigilantly by federal authorities. 

The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.

United States Attorney Joe Kelly announced that Jon C. Carr was sentenced on September 20, 2018, for distributing child pornography in federal court in Omaha. The Honorable John M. Gerrard sentenced Carr to 84 months of imprisonment. There is no parole in the federal system. After his release from prison, Carr will begin a 5-year term of supervised release. He was further ordered to pay $3,000 in restitution to the victims depicted in the images.

The investigation began with a cyber-tip from AOL. AOL reported that an IP address traced to Carr’s residence distributed an image during an online chat. That image depicted the genitalia of a 2- to 4-year-old girl and was determined to be child pornography.

A search warrant was served on Carr’s Omaha residence. Two hundred images of child pornography were recovered from his phone. A dropbox link was observed. A search warrant for Carr’s dropbox account recovered more than 50 videos and images of child pornography with victims as young as 2 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 Attorney’s 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 Cyber Crime Task Force (CCTF).

 

United States Attorney Joe Kelly announced that United States District Judge Robert F. Rossiter, Jr., sentenced Alberto Martinez-Salcido today to a term of time served following a 13-month period of incarceration.  He received a two-year term of supervised release.  Martinez-Salcido pleaded guilty to Conspiracy to Commit Money Laundering and Use of Facilities in Interstate Commerce in Aid of Racketeering, both felony offenses.

Defendant, then residing in California, and a co-conspirator residing in Nebraska laundered more than $14,000.00 of funds derived from the sale of controlled substances in Nebraska through bank accounts in the U.S. and Mexico.  U.S. Immigration and Customs Enforcement has filed a detainer in the case.

This was a joint investigation led by the Omaha Division of Drug Enforcement Administration, Omaha Division, assisted by the Federal Bureau of Investigation Safe Streets Task Force, and additional state and local partners.

Justin C. McCoy, 30, was sentenced in federal court today in Omaha, Nebraska, for three counts of robbery and for brandishing a firearm during a crime of violence.  The Honorable John M. Gerrard sentenced McCoy to 194 months of imprisonment.  There is no parole in the federal system.  After completing his term of imprisonment, McCoy will begin a four-year term of supervised release.

On January 13, 2018, McCoy, brandishing a firearm, robbed the Scooter’s at 766 Gold Coast Drive in Papillion, Nebraska.  He threatened an employee through the drive-through window and obtained $550.00.

On January 14, 2018, McCoy robbed Valentino’s Pizza at 5070 Leavenworth in Omaha.  He waived a firearm at the two employees before taking $75.00

The same day McCoy robbed the Bucky’s at 11955 Pacific Street in Omaha.  Brandishing a firearm, he demanded money.  He obtained $155.00

U.S. Attorney Joe Kelly noted that the use of a firearm to rob three businesses of a total of $780.00 resulted in more than 16 years of imprisonment.  Criminals using firearms will not be tolerated and those criminals will be aggressively pursued by federal authorities.

This case was investigated by the Federal Bureau of Investigation Great Plains Robbery Task Force, the Omaha Police Department, and the Sarpy County Sheriff’s Office.

United States Attorney Joseph P. Kelly announced that on September 20, 2018, United States District Judge John M. Gerrard sentenced Bernardo Williams-Jauregui, of Campeche, Mexico, to a 120-month term of imprisonment, to be served in the U.S. Bureau of Prisons.  He received a four-year term of supervised release. Williams-Jauregui pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine, Reentry of a Removed Alien after a prior felony conviction, and Use of Facilities in Interstate Commerce in Aid of Racketeering, all felony offenses.

On October 2, 2016, Williams-Jauregui entered the United States unlawfully through the U.S./Mexico border in California and made his way east to Omaha, arriving in the local area on approximately October 5, 2016.  Williams-Jauregui conspired with other parties in Omaha and in Mexico to distribute methamphetamine in the Omaha area, and began trafficking methamphetamine almost immediately upon arrival.

On October 17, 2016, investigators seized a 21-pound load of methamphetamine that had recently arrived in Omaha and was intended for distribution in the local area.  Investigators arrested three of Williams-Jauregui’s associates on October 17, 2016.  U.S. Immigration and Customs Enforcement arrested Williams-Jauregui on February 28, 2017.  Williams-Jauregui had been removed from the United States to Mexico by immigration authorities on multiple prior occasions.

This was a joint investigation led by the Omaha Division of Drug Enforcement Administration, Omaha Division, assisted by the Federal Bureau of Investigation Safe Streets Task Force, the Iowa Division of Narcotics Enforcement, the Omaha Police Department, the U.S. Marshals Service, and U.S. Immigration and Customs Enforcement.

Today, the Central Nebraska Drug and Safe Streets Task Force conducted a multiple agency operation in the Central Nebraska region that led to the federal arrests of 12 individuals for charges including possession of methamphetamine with intent to distribute, distribution of methamphetamine, and conspiracy to distribute methamphetamine.  One defendant was also arrested on a state charge of distribution of cocaine.  The operation included the execution of 4 federal search warrants and 1 state search warrant in Grand Island, which resulted in the recovery of a significant amount of U.S. Currency, over 2 pounds of methamphetamine, and a yet to be determined amount of cocaine.  Court appearances for defendants arrested on federal charges will occur in Lincoln. 

The Central Nebraska Drug and Safe Streets Task Force consists of the following agencies: The Grand Island Police Department, Nebraska State Patrol, Hall County Sheriff’s Office, Kearney Police Department, Buffalo County Sheriff’s Office, Hastings Police Department, Adams County Sheriff’s Office, The Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Hall County Attorney’s Office, and the United States Attorney’s Office.

Other law enforcement agencies involved in the operation include the Aurora Police Department and the Merrick County Sheriff’s Office. 

Arrested Individuals:

Rodrigo Bolanos

Juan Corado Arriaza

Gustavo Cruz Hernandez

Jose Donato

Daniel Espinoza-Garcia

Arturo Javier Garcia

Judith Leyva-Reynoso

Erick Lozano

Miguel Luna

Juan Medina

Miguel Mendez

Manuel Sanchez

Lynie Chanthavong

United States Attorney Joe Kelly announced today that the Honorable Laurie Smith Camp, Chief United States District Court Judge, sentenced Jorge Alberto Sainz Navarrete, 32, today to life imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.  He was also sentenced to 240 months for two counts of conspiracy to commit money laundering and one count of laundering of monetary instruments.  All sentences are to run concurrently.  Sainz Navarrete was convicted following a jury trial in Omaha, Nebraska, that concluded on June 15, 2018.

Sainz Navarrete had previously been convicted in the District of Minnesota of possession with intent to distribute 50 grams or more of actual methamphetamine.  He was sentenced to a term of imprisonment in that earlier case, following which he was removed from the United States to Mexico. 

The Nebraska case was investigated by the Drug Enforcement Administration, the Omaha Police Department, the Douglas County Sheriff’s Office, the Sarpy County Sheriff’s Office, and the Iowa Division of Narcotics Enforcement.

United States Attorney Joe Kelly announced today that on September 14, 2018, United States District Court Judge Robert F. Rossiter, Jr., sentenced Sherman Clemons, age 36, of Oakland, California, for his conviction for Credit Union Fraud. Clemons was sentenced to twenty-four months’ imprisonment, a five-year term of supervised release, and ordered to pay restitution in the amount of $33,000.

Clemons and others unjustly enriched themselves by obtaining cash advances from various financial institutions in Nebraska and Kansas through the use of insufficiently funded Visa prepaid debit cards and counterfeit identification documents. As a result of the defendant’s fraudulent scheme, various financial institutions, including Centris Credit Union in Bellevue, Nebraska, suffered losses of approximately $33,000.

This case was investigated by Bellevue Police Department.

United States Attorney Joe Kelly announced that Domonic L. Harris, 44, of Lincoln, Nebraska, was sentenced September 14, 2018, in Lincoln, Nebraska, to nine months in prison by United States District Judge John M. Gerrard, for illegal transactions with an access device.  In addition to his prison sentence, Harris will also serve two years on supervised release and pay $3,688.27 in restitution.   

In 2017, while Harris was a mailman for the U.S. Postal Service, a victim reported to the postal service that an unknown person had completed a fraudulent change of address on his/her behalf.  The victim was notified that all mail was being delivered to the fraudulent address, including a Chase Bank credit card to which charges totaling over $1,000 had been made.  One of the charges was to a RedBox Rental Service location at a Walgreen’s on North 48th.  Surveillance video showed a silver Ford Explorer in the parking lot with the front wheel missing the hubcap.  Investigation of that vehicle by law enforcement led officers to Harris.  

A search warrant was obtained and executed at Harris’s residence in Lincoln.  Stolen mail from 45 persons was found.  Investigation determined that Harris had received at least 12 credit cards in the victims’ names and charged approximately $6,000 on these cards.

This case was investigated by the Office of Inspector General for the United States Postal Service and the Lincoln Police Department. 

United States Attorney Joe Kelly announced that on September 14, 2018, Alberto Giovanni Zamora, 34, of Oxnard, California, was sentenced to 10 years (120 months) in prison for possession with intent to distribute one kilogram or more of a mixture or substance containing heroin.  Following the prison term, Zamora will serve five years on supervised release.

On August 25, 2017, a Seward County Sheriff’s Sergeant patrolling I-80 stopped a car driven by Zamora’s co-defendant, Juan Jesus Nava, for following too closely. Zamora was the passenger and owner of the car. Both Nava and Zamora gave verbal consent to search. During a search of the car, 15 packages of heroin, weighing approximately 24 ½ pounds, (approximately 11 kilograms), were found.  Photos were obtained which showed Zamora driving the car across the border into the United States from Mexico on August 22, 2017. 

Nava pled guilty to misprision of a felony for failing to notify Seward County deputies that Zamora was transporting heroin.  Nava was sentenced in May of 2018 to 27 months in prison.

This case was investigated by the Seward County Sheriff’s Department and the Drug Enforcement Administration, (DEA).

United States Attorney Joe Kelly announced that Sharon Williams-Combs, 47, of Omaha, Nebraska was sentenced Friday, September 7, 2018, in Omaha, Nebraska, by United States District Judge Robert F. Rossiter, Jr., for preparing and filing false tax returns. In April Ms. Williams-Combs was found guilty of fourteen counts of preparing false tax returns following a jury trial.  Ms. Williams-Combs ultimately was convicted of five counts of preparing false tax returns. Ms. Williams-Combs was sentenced to five years of probation and ordered to pay restitution in the amount of $12,188.00.

Ms. Williams-Combs worked for Jackson Hewitt, inside a Walmart, for several years as a tax preparer. During her time with Jackson Hewitt, she assisted clients in preparing and filing false tax returns, claiming that clients had personal business income, from a business such hairdressing or babysitting, when in fact the client did not have such a business, or did not have the income in the amounts included on the fraudulent tax returns.

“Tax return preparers have a duty to their clients to prepare tax returns that comply with the law and are accurate,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “We want to make sure taxpayers don't pay good money for bad advice.”

United States Attorney Joe Kelly announced that Robert E. Sanford, age 37, of Omaha, Nebraska, was sentenced September 7, 2018, by the Honorable Robert F. Rossiter, Jr., for bank robbery. Sanford received a sentence of 12 ½ years’ imprisonment, three years of supervised release and was ordered to pay $4,315.00 in restitution. 

On December 26, 2017, Sanford went to the Bank of West at 4724 South 24th Street in Omaha.  He was wearing sunglasses and had his hands in his pockets when he demanded $10,000.  The teller feared he had a weapon and gave him $4,315.00 that was in her drawer. 

Although Sanford did not have a gun, he had two prior robbery convictions and was sentenced as a career offender.  

The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.

United States Attorney Joe Kelly announced an initial appearance before Magistrate Judge Cheryl R. Zwart was held today for Maurice J. Paola, age 23, of Las Vegas, Nevada. Paola was recently charged by criminal complaint with one count of interfering with flight crew members and attendants which occurred on or about September 3, 2018. The penalty for the charged offense is a maximum of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release. Paola will next appear before Magistrate Judge Zwart at 2:00 p.m. on Monday, September 10, 2018, for a detention hearing.

The case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced today that on August 31, 2018, United States District Court Judge Robert F. Rossiter, Jr., sentenced Daniel Kinnison, age 63, of Verdigre, Nebraska, for his conviction for tax evasion. Kinnison was sentenced to eighteen months’ imprisonment, a three-year term of supervised release, and ordered to pay restitution in the amount of $607,210 to the IRS.  During the years 2002 through 2005 the Defendant, a participant in multi-level marketing companies, evaded the payment of Federal Income Taxes totaling more than $607,000 by concealing and placing his assets including real estate and salaried income in other individuals’ names in order to defeat the IRS’s ability to collect on said taxes. Additionally, he falsely stated to the IRS that he had no income generating employment during the period 2009 to the Present.

Karl Stiften, Special Agent in Charge of IRS Criminal Investigations, said, “Today’s sentence is a reminder that there are substantial consequences for this type of criminal behavior.”

This case was investigated by the Criminal Investigation Division of the IRS.

United States Attorney Joe Kelly announced that Mark Martin Ackerman, 32, of Crete, Nebraska, was sentenced in federal court in Lincoln, Nebraska, on August 30, 2018, for 15 counts of wire fraud.  The Honorable Richard G. Kopf, Senior United States Court Judge, sentenced Ackerman to 10 years of imprisonment.  There is no parole in the federal system.  After his release from prison, Ackerman will begin a three-year term of supervised release.

Over the course of five years, Ackerman embezzled $1,400,000 from Vertical Horizons Contracting, Inc., a closely held corporation based in Lincoln, Nebraska.  Ackerman was the office manager for VHC for ten years.  Ackerman was ordered to pay more than $2,000,000 in restitution, with a portion of that money having already been paid to the Court.  Ackerman was further ordered to forfeit numerous luxury vehicles and his home in Crete.  It was determined that Ackerman purchased these assets with the stolen money from the small, family-owned business.  These assets will be sold for the benefit of victim restitution.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Jeremiah Wolfe, 20, Lawrencia Merrick, 22, and Natasha Wolfe, 39, were sentenced Friday, August 24, 2018, in Omaha, Nebraska, by United States District Judge Robert F. Rossiter, Jr., for the killing of William I. Redhorn, 39, in Winnebago, Nebraska in April of 2017. Jeremiah Wolfe and Merrick were both sentenced to fifteen years for second degree murder and Natasha Wolfe, Jeremiah’s mother, was sentenced to 14 years for conspiracy to commit second degree murder.  There is no parole in the federal system. All three were given 5 years of supervised release to begin upon completion of their prison terms.

On April 23, 2017, Jeremiah Wolfe, Lawrencia Merrick, Natasha Wolfe and a juvenile were sitting inside a Chevy Tahoe parked in the lot of the Ho Chunk Incorporated building on the Winnebago Indian Reservation. They were using their phones while connected to the building’s free wireless internet. At nearly 5:00 a.m., William Redhorn was outside the building, looking for cigarettes. After verbally engaging Mr. Redhorn, all of the occupants inside the Chevy Tahoe got out of the car, approached Mr. Redhorn, and assaulted him. Mr. Redhorn turned to run away from the group, but was caught by Jeremiah Wolfe. Merrick caught up to Jeremiah Wolfe and the two proceeded to repeatedly hit and punch Mr. Redhorn. Jeremiah Wolfe put Mr. Redhorn’s neck into an arm-bar hold while Merrick continuously hit Mr. Redhorn. Natasha Wolfe struck Mr. Redhorn in the head three times with a flashlight. Mr. Redhorn lost consciousness and Jeremiah Wolfe let him go. Merrick then kicked Mr. Redhorn who fell face down after the assault, and never got back up.  Jeremiah Wolfe and Merrick had no prior contact with Mr. Redhorn and did not know who he was. Only Natasha Wolfe knew who Mr. Redhorn was, but did not have a relationship of any kind with him. Mr. Redhorn’s body was discovered several hours later when a local resident on his way to church drove by the scene.

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

United States Attorney Joe Kelly announced that on August 24, 2018, United States District Robert F. Rossiter, Jr., sentenced Juan Carlos Camacho to imprisonment for 108 months, to be followed by a 3-year term of supervised release.  Camacho was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of Title 21, United States Code, Section 846.  On January 18, 2018, in Hall County, Nebraska, a Nebraska State Trooper stopped a black Ford Expedition for a traffic violation.  Defendant was a passenger in the vehicle.  Investigators searched the Expedition and recovered approximately 55 pounds of methamphetamine.  Investigators subsequently executed a search warrant at an apartment in Hastings, Nebraska.  Among the items seized from the apartment were narcotics packaging material, a scale, police scanners, ledgers, $17,820 in United States Currency, and an AR-15 firearm. 

The case was investigated by the Central Nebraska Drug and Safe Streets Task Force.

United States Attorney Joe Kelly announced that on August 24, 2018, United States District Robert F. Rossiter, Jr., sentenced Leonides Carreno to imprisonment for 70 months, to be followed by a 4-year term of supervised release.  Carreno was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of Title 21, United States Code, Section 846.  On December 13, 2016, investigators used a confidential source to purchase approximately 1 pound of methamphetamine from defendant in exchange for $5,000.00.  Investigators conducting surveillance observed and recorded the transaction, which occurred in Omaha, Nebraska.  The transaction was arranged telephonically through a third party. 

The case was investigated by the Drug Enforcement Administration, Omaha Field Division.

United States Attorney Joe Kelly announced that on August 23, 2018, United States District John M. Gerrard sentenced Rita K. Scott to probation for a term of 1 year with special conditions for making false statements to a federal agent in violation of Title 18, United States Code, Section 1001(a)(2).  Scott filed a false claim contesting the forfeiture of a truck titled to Scott but used by her son, Chris Hicks, during unlawful transactions involving guns and drugs.  An ATF investigation revealed that Hicks purchased the truck with $17,000.00 cash and asked the prior owner to send the title to Scott.  Scott later called an ATF agent asking for the location and status of the truck, and claimed she purchased the truck for $12,000.00 earned jointly with her husband.   

The case was investigated by the Omaha office of the Bureau of Alcohol, Tobacco, and Firearms.

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 40 indictments charging 40 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.

*          Antonio Aguilar Escobar a/k/a Tony Aguilar, age 45, is charged with illegal reentry after deportation on or about July 25, 2018 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.

*          David Bichama-Garcia, age 43, is charged with illegal reentry after deportation following a felony conviction on or about July 31, 2018.  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.

*          Jose Naveli Bonilla-Manuelas, age 26, is charged with illegal reentry after deportation on or about July 25, 2018.  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.

 *          Aaron Jason Burkholder, age 42, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 5, 2018.  The maximum possible penalty if convicted is NLT 20 years NMT Life imprisonment, NMT $20,000,000 fine, NLT 10 year term of supervised release, and a $100 special assessment. 

*          Roberto Cadena, age 67, of San Bernardino, California, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about July 25, 2018.  The maximum possible penalty if convicted is NLT 10 years NMT Life imprisonment, NMT $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. 

*          Ismael Cardoza Amaya, age 33, is charged with illegal reentry after deportation following a felony conviction on or about July 16, 2018.  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.

*          Demetrio Chilel Lopez a/k/a Heiner Lopez Bartolon, age 26, is charged with illegal reentry after deportation following a felony conviction on or about July 12, 2018.  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.

*          Miguel Chipuiai-Juarez a/k/a Angel Davila-Ramirez, age 56, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Omar Fernando Contreras Figueroa, age 31, is charged with illegal reentry after deportation following a felony conviction on or about June 8, 2018.  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.

*          Sean C. Cortez, age 36, of Omaha, is charged in a three Count Indictment.  Count I charges the defendant with bank robbery taking $851.00 from First National Bank on or about July 14, 2018.  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.  Count II charges the defendant with bank robbery taking $444.00 from U.S. Bank on or about July 13, 2018.  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.  Count III charges the defendant with Hobbs Act robbery taking US currency by force from an employee at Phillips 66 Select Mart on or about July 8, 2018.  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.

*          Arturo Cortes Rojas, age 29, is charged with illegal reentry after deportation on or about July 11, 2018.  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.

*          Phillip Marlowe Donovan, age 32, is charged in a three-count Indictment.  Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about July 11, 2018.  The maximum possible penalty if convicted is NMT 10 years-NMT Life imprisonment, NMT $10,000,000 fine, NLT 5 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 July 11, 2018.  The maximum possible penalty if convicted is NMT 10 years imprisonment, NMT $250,000 fine, NMT a 3 year term of supervised release and $100 special assessment. Count III charges the defendant with commission of a felony while on release on or about July 11, 2018.  The maximum possible penalty if convicted is NMT 10 years imprisonment, NMT $250,000 fine, NMT a 3 year term of supervised release and $100 special assessment. 

*          Jose Ramiro Echeverria Montoya, age 29, is charged with illegal reentry after deportation on or about July 23, 2018.  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.

*          Miguel Espericueta-Vega, age 56, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Gilberto Felix-Aguirre, age 51, is charged with illegal reentry after deportation following a felony conviction on or about August 7, 2018.  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.

*          Tony C. Flowers, Sr., age 52, of Omaha, is charged with felon in possession of a firearm on or about June 4, 2018. The maximum possible penalty if convicted is NMT 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Antonio Gallardo-Mayo, age 21, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Juan Garcia Martinez a/k/a Mark Anthony Garcia, age 50, is charged with illegal reentry after deportation on or about June 3, 2018 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.

*          Walter Garcia Reynoso, age 46, is charged in a two-count Indictment.  Count I charges the defendant with illegal reentry after deportation following a felony conviction on or about July 26, 2018.  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.  Count II charges the defendant with failure to register as a sex offender on or about July 26, 2018.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.

*          Zenon Garcia-Reyes, age 31, is charged with illegal reentry after deportation on or about July 19, 2018.  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.

*          Robert Harry Goodman, Jr., age 65, of Arcata, California is charged with interstate trafficking in aid of racketeering between on or about May 6, 2018, and on or about May 9, 2018.  The maximum possible penalty if convicted is NMT 5 years imprisonment, NMT $250,000 fine, NMT 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 May 9, 2018.

*          Christopher Harper, age 43, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about June 22, 2018.  The maximum possible penalty if convicted is 40 years imprisonment, a  $5,000,000 fine, 4 year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with felon in possession of a firearm on or about June 22, 2018.  The maximum possible penalty if convicted is 10 years imprisonment, $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count III of the Indictment charges the defendant with use of a firearm during a drug trafficking offense on or about June 22, 2018.  The maximum possible penalty if convicted is 5 years-Life consecutive imprisonment, $250,000 fine, a 3 year term of supervised release and $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about June 22, 2018. 

*          Paul Brooks Leetch, age 40, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 29, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. 

*          James Maynard, age 26, is charged in a two-count Indictment.  Count I charges the defendant with conspiracy to distribute 50 grams or more of methamphetamine (actual) beginning on or about May 1, 2018 and continuing to on or about July 11, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.  Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about July 11, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. 

*          Diego Mejia-Ortiz, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Ramiro Aguirre Miyamoto, age 23, of Omaha, is charged with possession with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine on or about April 8, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. 

*          John Nichols, age 53, of Omaha, and Jesus Vega-Moraila, age 49, of Omaha, are charged in a three-count Indictment.  Count I charges Nichols and Vega-Moraila with conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine beginning on or about October 1, 2017 and continuing to on or about April 26, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.  Count II charges Nichols with possession with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine on or about March 2, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges Nichols with felon in possession of a firearm on or about March 2, 2018.  The maximum possible penalty if convicted is 10 years imprisonment, NMT $250,000 fine, a 3 year term of supervised release and $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about March 2, 2018. 

*          Richard D. Peacock, age 37, of Omaha, is charged in an eleven-count Indictment.  Each count charges the defendant with knowingly making false statements while employed at Occupational Safety and Health Administration (OSHA) between January 14, 2015 and March 3, 2016.  The maximum possible penalty if convicted is 5 years imprisonment for each count, a $250,000 fine for each count, a 3 year term of supervised release for each count, and a $100 special assessment for each count. 

*          Garrett Calvin Pete, age 53, of Billings, Montana, is charged with felon in possession of a firearm on or about June 5, 2018. 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.

*          Carey Dean Phillips, Jr., age 24, of Sioux City, Iowa, is charged with failure to register as a sex offender on or about June 25, 2018.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.

*          Jesus Ramos Ramos, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Sergio Rodriguez Ruiz, age 31, is charged with illegal reentry after deportation on or about August 7, 2018 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.

*          Oscar Eulacio Sandoval, age 41, of San Diego, California, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about July 5, 2018.  The maximum possible penalty if convicted is 40 years imprisonment, $5,000,000 fine, NLT 4 year term of supervised release, and a $100 special assessment. 

*          Nahum Silva Avila, age 40, of Omaha, is charged with illegal reentry after deportation on or about July 18, 2018.  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.

*          Manuel Solis-Castro, age 44, of Ainsworth, Nebraska, is charged with illegal reentry after deportation on or about August 8, 2018.  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.

*          Rodolfo Tizol Gomez, age 41, is charged with illegal reentry after deportation on or about August 7, 2018.  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.

*          Kristie Trejo, age 44, is charged in a three-count Indictment.  Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 30, 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 II charges the defendant with distribution of 5 grams or more of methamphetamine (actual) on or about March 13, 2018.  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 the defendant with distribution of 5 grams or more of methamphetamine (actual) on or about March 29, 2018.  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. 

*          Augustine Valadez-Briceno, age 36,  is charged with illegal reentry after deportation following a felony conviction on or about July 13, 2018.  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.

*          Arildo Vieira De Santana, age 39, of Lincoln, is charged in a two-Count Indictment.  Count I charges the defendant with misuse of a social security number on or about July 19, 2018.  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.  Count II charges the defendant with fraud and misuse of visas & other documents on or about July 19, 2018.  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 Valerie M. Stevens, 36, formerly of Lincoln, Nebraska, was sentenced Tuesday in Lincoln, Nebraska, to 15 months in prison by United States Senior District Judge Richard G. Kopf, for wire fraud.  In addition to the prison sentence, Ms. Stevens will also be required to pay restitution in the amount of $222,322.43 and serve three years on supervised release.

From January, 2011, until October, 2016, Valerie M. Stevens served as the office manager for Lincoln Family Wellness, P.C.  During this period of time Stevens was given use of a Pinnacle Bank Visa card, in the name of Lincoln Family Wellness.  The credit card was billed to Lincoln Family Wellness and Stevens at their business address in Lincoln, Nebraska.  Stevens was provided the credit card for the exclusive purpose of paying for office expenditures and was aware that she was not authorized to use the Visa credit card for the purchase of personal items. 

During this period of her employment, Stevens made numerous unauthorized charges to the Visa card, to pay for personal expenses for herself and others.  Once the Visa card bills were received in the office, Stevens would then pay for these unauthorized personal credit card charges by using the proceeds of Lincoln Family Wellness, P.C.  In total, Stevens charged over $130,000 in personal expenses on the Visa credit card.  

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that Bailey Marie Boswell, 24, and Aubrey Clifton Trail, 51, were sentenced today in Lincoln, Nebraska, by United States District Judge John M. Gerrard, for interstate transportation of stolen property.  Boswell received a sentence of 5 years, while Trail was sentenced to 10 years in prison.  Restitution in the total amount of $407,782 was also ordered to be paid to the two victims in this case.  Both were also given 3 years of supervised release.

Beginning in December, 2015, through November, 2017, Trail was falsely representing himself as “Alan Russell,” and approached the victims in this scheme with a proposal to jointly purchase a rare gold coin and share in the profits from the “sale” of that coin.  Trail falsely represented the value of the gold coin to be far in excess of the price to be paid by “Russell” and the victim.  Trail then requested money from the victims in order to help the “sale” of the coin to purchasers that he claimed to have, when in reality there was never a “sale” and the coin was not a gold coin of such high value. 

In an attempt to make the victims believe that the “sale” of the coin was legitimate, in February, 2017, Trail and Boswell set up false documents and websites and Boswell falsely portrayed herself as a broker.   Through the course of the scheme, Trail and Boswell would travel from Nebraska to Kansas to pick up money and property from the victims, all under the guise that such money and property was to aide in the “sale” of the gold coin.  In total, Trail and Boswell received more than $400,000 in money and property from the victims which they used for personal use.

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

United States Attorney Joe Kelly announced that on August 1, 2018, Rodney P. Mazzulla, 58, of Lincoln, Nebraska, was sentenced to 26 years (312 months) in federal prison for conspiracy to distribute and possess with intent to distribute 50 grams or more of actual (pure) methamphetamine and two counts of possession with intent to distribute actual (pure) methamphetamine.  Sentences for all three charges will run concurrent (at the same time) with each other.  Following the prison term, Mazzulla will serve five years on supervised release.

A Lincoln jury convicted Mazzulla of the three charges in April of 2018. 

During April of 2017, two search warrants were executed at a large storage garage in southwest Lincoln.  Mazzulla was living in a camper inside the garage.  On April 2, 2017, officers found 49 grams of pure methamphetamine, and on April 22, 2017, an additional 210 grams of pure methamphetamine were found.  Witnesses testified that Mazzulla had been involved in the distribution of large amounts of methamphetamine since as early as sometime in 2015.  In addition, in July of 2015, Mazzulla was found in possession of a small amount of methamphetamine and told officers he had been obtaining ounce quantities of methamphetamine once or twice a week for about a year, much of which he sold to his employees at a tree service business in Cheney, Nebraska.

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

United States Attorney Joe Kelly announced that on July 13, 2018, Jason Edward Boonie, 40, of Omaha, Nebraska, was sentenced to nine years and 10 months (118 months) in prison for conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine and 500 grams or more of a mixture containing methamphetamine.  Following the prison term, Boonie will serve five years on supervised release. 

Information provided to law enforcement indicated Boonie was responsible for the distribution of at least 50 grams (approximately 1 ¾ ounces) of actual (pure) methamphetamine and at least 500 grams (approximately 18 ounces) of methamphetamine mixture in the Lincoln area between February of 2014 and December of 2016.  On September 15, 2016, one of Boonie’s associates was stopped by the Nebraska State Patrol and was found in possession of 59 grams of methamphetamine mixture, which the State Patrol Crime Laboratory later found contained at least 53 grams of actual methamphetamine.  The associate said she bought the methamphetamine from Boonie just prior to her arrest. On September 29, 2016, Boonie was arrested on outstanding warrants in Omaha.  His car was searched, and over 167 grams of methamphetamine mixture was found.

In February of 2018, Boonie was sentenced to three years in state prison in Douglas County for possession of methamphetamine due to his September 29, 2016 arrest.  Boonie’s sentence on the federal conspiracy charge will run concurrent with (at the same time as) the remainder of that state sentence.

This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Omaha Police Department, and the Nebraska State Patrol.

United States Attorney Joe Kelly announced today that Lucas J. Lacy, 32, was sentenced in federal court in Omaha for Failing to Register as a Sex Offender.  The Honorable Laurie Smith Camp, Chief Judge, sentenced Lacy to 18 months’ imprisonment.  After his release from prison, Lacy will be under a 10-year term of supervised release.

In February 2009, Lacy was sentenced to 60 months’ imprisonment for receiving and distributing child pornography.  After his release from prison, he began a five-year term of supervised release.  During the course of supervision, his release was revoked and he was sent back to prison for nine months. 

On November 7, 2017, Lacy was arrested in Omaha, Nebraska.  He had failed to register his address with the Nebraska Sex Offender Registry.

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 Attorney’s 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.

Sex Offender Registry violations are investigated by the United States Marshal Service.

An Omaha man was sentenced to 180 months in prison today for distribution of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Joe Kelly of the District of Nebraska.

Lawrence R. Quignon, 51, pleaded guilty to distribution of child pornography on April 23.  U.S. District Court Judge Laurie Smith Camp of the District of Nebraska sentenced Quignon to 15 years in prison and also ordered him to serve 10 years of supervised release.

Quignon was identified via an investigation by the Nebraska State Patrol into a National Center for Missing and Exploited Children (NCMEC) CyberTipline report regarding an individual uploading child pornography onto an online chat service.  During the execution of a search warrant at his home, Quignon admitted to uploading images of child pornography through the online chat service.  Quignon was previously convicted of first degree sexual assault in the State of Nebraska, and is required by Nebraska law to register as a sexual offender for life.

This case was investigated by the FBI Cyber Crimes Task Force and Nebraska State Patrol.  Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael Norris of the District of Nebraska prosecuted the case.

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 U.S. Attorneys’ Offices and 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.justice.gov/psc.

United States Attorney Joe Kelly announced today that U.S. Magistrate Judge Susan M. Bazis sentenced Curtina Morris, 48, of Macy, Nebraska, on July 11, 2018, to 12 months’ imprisonment after her conviction of misdemeanor assault.

In March of 2017, Curtina Morris stabbed her daughter in the abdomen after an argument at her home in Macy within the Omaha Nation Indian Reservation. Her daughter was not seriously injured. 

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Joe Kelly announced that on July 13, 2018, Travis Scott Ruhl, 38, of Grand Island, Nebraska, was sentenced by United States District Judge John M. Gerrard to six years and five months (77 months) in prison for distribution of five grams or more of methamphetamine actual.  Following the prison term, Ruhl will serve five years on supervised release. 

On March 24, 2017, a confidential informant, working with the Central Nebraska Drug & Safe Streets Task Force, purchased approximately 13 grams of a substance from Ruhl for $550 in the garage of Ruhl’s residence in Grand Island, Nebraska.  The Nebraska State Patrol Crime Laboratory found the substance contained at least 5.9 grams of actual (pure) methamphetamine.

This case was investigated by the Central Nebraska Drug & Safe Streets Task Force.