FEDERAL DISTRICT ARCHIVE
District of Nebraska
Press releases recorded for this federal judicial district.
Nebraska Woman Sentenced in Health Care Fraud CaseRead the Press Release
Acting United States Attorney Robert C. Stuart and Nebraska Attorney General Doug Peterson announced that Chandra Wrightsell, 47, of Omaha Nebraska, was sentenced today by Senior United States District Judge Richard G. Kopf for the crime of health care fraud. Wrightsell was sentenced to 18 months in prison, followed by 3 years of supervised release. She was also ordered to pay restitution to the Nebraska Department of Health & Human Services, Medicaid Division totaling $105,550. Wrightsell previously pled guilty on June 1, 2017.
Wrightsell owned and operated a company in Omaha, Evol Consulting, which contracted with therapists to provide mental health and substance abuse services. Between December 1, 2011 and July 25, 2014, she submitted 1,150 claims to Nebraska Medicaid for services which had not been provided, and was paid a total of $105,550 on those claims.
Wrightsell has previously been convicted of another federal felony charge. On February 8, 2007, she was sentenced to 15 months in prison following her conviction in Omaha for misapplication of bank funds, totaling $102,000, while employed as vice president of the First National Bank.
This case was investigated by the Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s Office and the Medicaid Program Integrity Unit of the Nebraska Department of Health and Human Services. The case was prosecuted by the Nebraska Attorney General’s office and the United States Attorney’s office.
Omaha Man Indicted for Multiple RobberiesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Edward Sherrod, age 36, of Omaha, Nebraska, was detained at his initial appearance today by Magistrate Judge Michael D. Nelson. Sherrod was recently indicted by a federal grand jury on three counts of interference with commerce by robbery. The penalty on each count is a maximum of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release.
Sherrod is charged with robbing the Baker’s at 5555 North 90th Street on July 5, 2017; the same Baker’s on July 20, 2017; and the Mega Saver at 1357 NW Radial Highway on July 24, 2017.
The Omaha Police Department Robbery Unit initiated the investigation of Sherrod and then worked in conjunction with the Greater Omaha Bank Robbery Task Force to secure the indictment. The task force was formed earlier this year and is made up of officers representing the Federal Bureau of Investigation, Omaha Police Department, Sarpy County Sheriff’s Department, La Vista Police Department, Papillion Police Department, Bellevue Police Department, Ralston Police Department, Council Bluff’s Police Department and Nebraska State Patrol.
In announcing Sherrod’s charges, Acting U.S. Attorney Robert Stuart remarked that “the indictment and arrest of Mr. Sherrod by the Greater Omaha Robbery Task Force demonstrates the successful coordination of member agencies to arrest the violent offenders in our community.” FBI Omaha Division, Special Agent in Charge Randall Thysse stated “We are grateful for the diligent and collaborative work with the Omaha Police Department Robbery Unit in apprehending this violent criminal in addition to their key participation in the Greater Omaha Bank Robbery Task Force.”
August Grand JuryRead the Press Release
Acting United States Attorney Robert C. Stuart announced the federal Grand Jury for the District of Nebraska has returned 21 indictments charging 24 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.
* Lorenzo Antonio-Martinez, age 27, is charged with illegal reentry after deportation on or about August 14, 2017. 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.
* Donald R. Bauermeister, Jr., age 44, of Omaha, is charged with conspiracy to distribute and possess with intent to distribute approximately 13 pounds of marijuana beginning on or about November, 2016, and continuing to on or about January 9, 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.
* Jesse Bustos, age 26, of Bridgeport, Nebraska, is charged with conspiracy to distribute and possess with intent to distribute 100 grams or more of a mixture containing heroin beginning on or about May, 2017, and continuing to on or about July 19, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Brandon Carr, age 31, and Tiera Rowsey-Harris, age 24, are charged in a two-count Indictment. Count I of the Indictment charges the defendants with transportation with intent to promote prostitution between on or about June 13, 2017 to on or about June 15, 2017. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $5,000 special assessment. Count II of the Indictment charges Carr and Rowsey-Harris with inducement to travel for prostitution between on or about June 13, 2017 to on or about June 16, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $5,000 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment and any property used to commit the offense should be forfeited to the United States.
* Leonardo Cervantes-Yepez, age 47, of Kearney, is charged with illegal reentry after deportation following an aggravated felony conviction on or about July 29, 2017. 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.
* Jeffrey Stephen Conrad, age 52, of Elkhorn, is charged in a two-count Indictment. Both counts of the Indictment charge Conrad under the Assimilative Crimes Act with writing bad checks at the Offutt Air Force Base Exchange on or about December 16, 2016 and on or about December 19, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $10,000 fine, a 1 year term of supervised release, and a $100 special assessment for each count.
* Oscar Contreras-Parada, age 34, is charged with illegal reentry after deportation on or about August 9, 2017. 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.
* Hermogenes Orellana Del Cid, age 41, is charged with illegal reentry after deportation on or about July 19, 2017. 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.
* Luis Elias, age 25, of Bellevue, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to deliver a mixture containing methamphetamine on or about June 28, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Count II of the Indictment charges Elias with felon in possession of a firearm on or about June 28, 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.
* Steven Rodney Esch and Manuela Fernandez Villegas, a/k/a Nancy Roxas Fernandez and a/k/a Nancy Fernandez Esch , are charged in a four-count Indictment. Count I of the Indictment charges the defendants with false statement in an Immigration Matter beginning on or about a date unknown to the grand jury and continuing through August 23, 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. Count II of the Indictment charges Villegas with False Statement Under Oath in a Matter Relating to Naturalization or Citizenship on or about January 11, 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
assessment. Count III of the Indictment charges Esch with False Statement Under Oath in a Matter Relating to Naturalization or Citizenship on or about January 11, 2011. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 assessment. Count IV of the Indictment charges Esch with Unlawful Procurement of Citizenship or Naturalization on or about January 11, 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.
* Felipe Gonzalez-Vasquez, age 31, of Schuyler, is charged with illegal reentry after deportation following a felony conviction on or about August 8, 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.
* Lester Moore, age 33, of Omaha, is charged with possession with intent to distribute 5 grams or more of methamphetamine on or about May 30, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Curtina Morris, age 48, of Macy, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with assault with a dangerous weapon on or about March 14, 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. Count II of the Indictment charges Morris with assault resulting in serious bodily injury on or about March 14, 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.
* Eric T. Morris, age 34, of Macy, is charged with failure to register as a sex offender on or about August 2, 2017. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a life imprisonment, a 3 year term of supervised release, and a $100 special assessment.* Martha Elisa Pablo Garcia, a/k/a Yesenia Santiago Velez, a/k/a Hermelinda Lopez-Jimenez, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with false representation of a Social Security Number on or about February 29, 2015. 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 of the Indictment charges Garcia with fraud and misuse of a California Identification Card and a social security card that was not issued lawfully for her use. 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.
* Jose Fulgencio Ramirez Narvaez, age 45, of Ames, Nebraska, is charged with illegal reentry after deportation following an aggravated felony conviction on or about July 19, 2017. 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 Rodriguez-Tirado, age 28, of Grand Island, is charged with illegal reentry after deportation following a felony conviction on or about August 1, 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.
* Paul D. Sellon, age 61, and Sue Ann Sellon, age 54, are charged in a thirteen-count Indictment. Count I of the Indictment charges Paul Sellon with receipt of a Bribe by an Agent of an Organization Receiving Federal Funds between on or about October 2010 and June 2014. The maximum possible if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendants with theft of government money between on or about 2010 and 2014. The maximum possible if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each defendant. Counts III through XII charges the defendants with wire fraud between on or about September 17, 2012 through October 18, 2013. The maximum possible if convicted is 20 years imprisonment, a $250,000 fine, or a combination of imprisonment and fines, and a $100 special assessment for each defendant for each count. Count XIII of the Indictment charges Paul and Sue Ann Sellon with making a False Statement to a Department or Agency of the United States on or about May 18, 2015. The maximum possible if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment for each defendant.
* Luis Varela, age 31, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with misuse of a social security number on or about April 29, 2015. 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 of the Indictment charges Varela with falsely representing himself to be a citizen of the United States. The maximum possible penalty if convicted is 3 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with use of a Social Security Number that was not lawfully issued for his use. 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.* Victor Ventura-Granados, age 27, of Bakersfield, California, is charged with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about August 9, 2017. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Joaquin Zarazua, age 46, of Omaha, is charged with False Representation of a Social Security Number on or about April 25, 2013. 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.
Former Winnebago Tribal Council Officer Sentenced for Theft from an Indian Gaming EstablishmentRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that on August 21, 2017, Chief United States District Court Judge Laurie Smith Camp sentenced Louis Houghton, age 70, of Winnebago, Nebraska for his conviction for theft from an Indian gaming establishment. Houghton was sentenced to five years of probation and 150 hours of community service. He was further ordered to pay restitution in the amount of $36,500.
Houghton was a member of the tribal council of the Winnebago Tribe of Nebraska and served in an officer capacity as the council’s Secretary. Beginning in 2013 and continuing through September of 2014, began taking unauthorized disbursements from the WinnaVegas Casino and Resort in the total amount of $36,500. These disbursements were in the form of gift certificates which he did not pay for and deposits to a re-loadable debit card. The disbursements were in addition to the salary received from the Winnebago Tribe as a tribal council member. However, the disbursements were not paid through the payroll department of the Winnebago Tribe and were never authorized at a regular or special meeting of the tribal council. Further, the disbursements were concealed from the Winnebago Gaming Commission which oversaw the operations of the casino and was required to approve financial transactions of the casino.
This case was investigated by the Federal Bureau of Investigation.
Man Sentenced for Failure to RegisterRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Robert Tjepkema, 53, was sentenced today in Lincoln, Nebraska, to 3 years in prison by United States District Judge John M. Gerrard, for failure to register as a sex offender. In addition to his prison term, Tjepkema will be required to serve 8 years of supervised release.
In 1992, Robert Tjepkema was convicted of a sex offense in Minnesota which, under state law, required him to register as a sex offender for 10 years. In 2001, he was convicted of failure to register in Minnesota and sentenced to 9 months imprisonment. Under Minnesota law, the original 10-year registration period began anew when he was released, plus an additional five years for the new conviction, extending his registration requirement under state law to October of 2016.
Tjepkema then moved to Florida. In 2007, he was convicted of failure to register and sentenced to 35.5 months incarceration. His registration requirement under state law was then extended to February 23, 2029.
Under federal law Tjepkema is a Tier III sex offender with a lifetime registration requirement.
Tjepkema began living in Nebraska in 2010. He did not register as a sex offender prior to his arrest on the instant charges in early March, 2017.
This case was investigated by the United States Marshal’s Service.
Former Winnebago Tribal Council Member Sentenced for Theft from an Indian Gaming EstablishmentRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that Chief United States District Court Judge Laurie Smith Camp sentenced Lawrence Payer, age 71, of Winnebago, Nebraska for his conviction for theft from an Indian gaming establishment. Payer was sentenced to five years of probation and 150 hours of community service. He was further ordered to pay restitution in the amount of $36,000.
Payer was a member of the tribal council of the Winnebago Tribe of Nebraska. Beginning in 2013 and continuing through September of 2014, began taking unauthorized disbursements from the WinnaVegas Casino and Resort in the total amount of $36,000. These disbursements were in the form of gift certificates which he did not pay for and deposits to a re-loadable debit card. The disbursements were in addition to the salary received from the Winnebago Tribe as a tribal council member. However, the disbursements were not paid through the payroll department of the Winnebago Tribe and were never authorized at a regular or special meeting of the tribal council. Further, the disbursements were concealed from the Winnebago Gaming Commission which oversaw the operations of the casino and was required to approve financial transactions of the casino.
This case was investigated by the Federal Bureau of Investigation.
Lincoln Mother and Son Sentenced for Conspiracy to Distribute Misbranded Substances, Drug Paraphernalia, and Related Financial CrimesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on Tuesday, August 1, 2017, co-defendants Allen E. Peithman, Jr., Sharon A. Elder, were sentenced, respectively, to 129 months and 63 months in prison and fined $500,000 each. They were both ordered to pay over $5,000 in restitution, and their corporations, Cornerstone Plaza, Inc., and AEP Properties, L.L.C., were also ordered to pay over 2.5 million dollars in fines. In addition to the prison sentences and fines, all four defendants were found jointly liable for a money judgment of $1,142,924.32 and ordered to forfeit a bank account and “potpourri” and drug paraphernalia seized during 2015 searches of their “head shops,” Dirt Cheap and Island Smokes.
In March, a federal jury convicted Peithman, Elder, and Elder’s corporation, Cornerstone Plaza, Inc. of conspiracy to distribute drug paraphernalia, investment of illicit drug proceeds, conspiracy to distribute misbranded substances, conspiracy to commit mail fraud and conspiracy to structure financial transactions. Peithman’s corporation, AEP Properties, was also convicted of conspiracy to structure. The jury also found that a bank account in the name of Cornerstone Plaza, Inc., as well as seized “potpourri” and drug paraphernalia should be forfeited. The money judgment was determined by U.S. District Judge Richard G. Kopf.
The defendants were sentenced as follows:
Peithman:
Conspiracy to distribute drug paraphernalia 36 months
Investment of illicit drug proceeds 115 months
Conspiracy to distribute misbranded substances 36 months
Conspiracy to commit mail fraud 115 months
Conspiracy to structure financial transactions 115 months – all sentences to run concurrently
Violation of supervised release 14 months – consecutive to above sentences
Fine $500,000.00
Special assessments $500.00
Restitution $5,186.56
Elder:
Conspiracy to distribute drug paraphernalia 36 months
Investment of illicit drug proceeds 63 months
Conspiracy to distribute misbranded substances 36 months
Conspiracy to commit mail fraud 63 months
Conspiracy to structure financial transactions 63 months – all sentences to run concurrently
Fine $500,000.00
Special assessments $500.00
Restitution $5,186.56
Cornerstone Plaza, Inc.:
Fine $2,060,000.00
Special assessments $2,000.00
AEP Properties, L.L.C:
Fine $450,000.00
Special Assessment $400.00
This case was investigated by the Lincoln/Lancaster County Drug Task Force, the Food and Drug Administration, Homeland Security Investigations, and the Nebraska State Patrol.
Lincoln Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on July 27, 2017, Olga A. Alfonso, 44, of Lincoln, was sentenced to 10 years (120 months) in prison for possession with intent to distribute 50 grams or more actual methamphetamine on April 25, 2016. Following the prison term, Alfonso will serve five years on supervised release.
On April 25, 2016, Lancaster County Sheriff's Deputies responded to a report of a traffic accident on l-80 west of downtown Lincoln. Upon arrival at the scene of the accident, deputies were told the driver of a car involved in the accident had run from the scene. Witnesses described the driver as a female wearing a large green backpack. Deputies located the driver, Olga Alfonso, a short distance away. The backpack was found abandoned in some weeds. Inside the backpack, deputies found a Social Security card in Alfonso’s name, three baggies of methamphetamine containing at least 240 grams of pure methamphetamine and a digital scale with methamphetamine residue.
This case was investigated by the Lancaster County Sheriff’s Department and the Lincoln/Lancaster County Drug Task Force.
South Sioux City Man Sentenced to More Than 12 years in Prison after Pleading Guilty to Methamphetamine and Firearm ChargesRead the Press Release
Acting United States Attorney, Robert C. Stuart, announced that Jose Luis Sandoval, 47, was sentenced on July 24, 2017, to 147 months in prison by the Honorable Laurie Smith Camp, United States District Judge. Sandoval had previously pled guilty to Conspiracy to Distribute Methamphetamine and Possession of a Firearm in Relation to a Drug Trafficking Crime. Sandoval’s sentence included a consecutive 5 year term of imprisonment because he possessed a firearm while trafficking methamphetamine.
During the course of this investigation, law enforcement utilized a cooperating witness who made several multiple ounce purchases of methamphetamine from Sandoval inside of his South Sioux City, NE residence. Thereafter on May 9, 2016, law enforcement executed a search warrant on Sandoval’s residence and recovered four firearms, a security monitor, a flak jacket, drug distribution paraphernalia, and quantities of methamphetamine.
This case was the result of an investigation by the South Sioux City Police Department and DEA Tri-State Drug Task Force.
Crips Gang Member Sentenced to 20 Years for Racketeering Conspiracy in NebraskaRead the Press Release
A violent member of the Crips gang was sentenced today to 20 years in prison and three years of supervised release for participating in a racketeering conspiracy involving multiple acts of violence, including murder, attempted murder, assaults, witness tampering and drug distribution, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Robert C. Stuart of the District of Nebraska.
Dionte Dortch, aka “Killa Tay,” 24, of Omaha, Nebraska, was sentenced by U.S. District Judge Joseph F. Bataillon after he pleaded guilty to one count of conspiracy to participate in racketeering activity, one count of witness tampering, one count of attempted obstruction of justice and one count of possession of a firearm by a felon.
According to the plea agreement, Dortch admitted that he was a member of the Omaha-area chapter of the Crips known as the “40th Avenue Crips” and “44th Avenue Crips,” and that he personally committed acts of violence for the gang in furtherance of the racketeering conspiracy. According to the plea, these acts of violence included an attempt to hire a hitman to kill a potential witness against him at trial in this case, shooting at a vehicle occupied by four individuals and using threats of violence to prevent a witness from testifying before a federal grand jury.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department are investigating the case. Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Matthew Molsen of the District of Nebraska are prosecuting the case.
Plattsmouth Man Receives 20 years for Producing Child PornographyRead the Press Release
Acting United States Attorney Robert Stuart announced that Cody R. Childers, 21, of Plattsmouth, Nebraska, was sentenced Friday in federal court in Omaha for Producing Child Pornography. The Honorable Robert F. Rossiter, Jr., sentenced Childers to twenty years imprisonment. There is no parole in the federal prison system. After his release from prison, he will begin a ten-year term of supervised release under the supervision of the United States Probation Office. He will also be required to register as a sex offender.
Childers used Facebook to friend minor girls in and outside of Nebraska. He would request sexually explicit photographs from the minors. The three girls in Nebraska were between the ages of 13 and 15 when he obtained sexually explicit photos from them. He also directed minors in other states to take and send sexually explicit photos to him.
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 Nebraska State Patrol. The investigation began as a cybertip from Facebook.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on July 21, 2017, Fausto Alejandro Maldonado, 29, of Lincoln, was sentenced to five years (60 months) in prison for conspiracy to distribute and possess with the intent to distribute a mixture or substance containing methamphetamine. Following the prison term, Maldonado will serve four years on supervised release.
Information provided to law enforcement indicated that between January of 2015 and April of 2016, Maldonado was responsible for the distribution of at least 200 grams (approximately seven ounces) of methamphetamine in the Lincoln area.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
July Grand JuryRead the Press Release
Acting United States Attorney Robert C. Stuart announced the federal Grand Jury for the District of Nebraska has returned 24 indictments charging 26 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.
* Jose Efrain Marin Aranda, age 33, of Chicago, Illinois and Juan Jose Silva Castaneda, age 34, of Waukeegan, Illinois, are charged with possession with intent to distribute 500 grams of a mixture containing cocaine on or about July 6, 2017, The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Juan Barrera-Yerbabuena, age 31, of Grand Island, is charged with illegal reentry after deportation on or about June 21, 2017. 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 Barrera-Yerbabuena, of Grand Island, is charged with illegal reentry after deportation following an aggravated felony conviction on or about June 21, 2017. 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.
* Alejandro Camacho-Perez, age 34, of Scottsbluff, is charged with illegal reentry after deportation on or about June 25, 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.
* Esteban Carreto-Lopez, age 38, of Hastings, is charged with illegal reentry after deportation on or about October 30, 2012. 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 Luis Castillo De La Rosa, age 31, is charged with illegal reentry after deportation on or about October 30, 2012. 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.
* Luis Ceja, age 35, is charged with possession with intent to distribute 5 grams or more of methamphetamine on or about January 15, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Daniel Escobar-Marroquin, a/k/a A.W.R, age 36, of Schuyler, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with fraudulent use of a social security number on or about January 5, 2015. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Escobar-Marroquin with false representation of U.S. Citizenship on or about January 5, 2015. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Francisco Espinoza-Lopez, age 31, is charged with illegal reentry after deportation on or about June 19, 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.
* Jaime Eduardo Galvez Rivera, age 46, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about July 14, 2017. 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.
* Kaylee A. Taylor, age 33, and Joseph S. Hamilton, age 35, are charged in a two-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine beginning on or about November, 2016, and continuing to on or about April, 2017. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Taylor and Hamilton with possession with intent to distribute 50 grams or more of methamphetamine on or about April 18, 2017. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Angela Hernandez, age 40, of Plattsmouth, is charged with possession with intent to distribute 5 grams or more of methamphetamine on or about May 25, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Agustin Herrera Mora, age 42, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about July 3, 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.
* Nichollas Troy Johnson, age 24, of Harwood North Dakota, is charged with transportation of a minor for the purpose of sexual activity on or about July 10, 2017. The maximum possible penalty if convicted is 30 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Christian Jerrad LaPointe, age 26, of Winnebago, is charged with sexual abuse with an incapable victim on or about June, 25, 2017. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Julian Lara-Arellano , age 41, is charged with illegal reentry after deportation on or about June 26, 2017. 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.
* Ivan Leon-Vega, age 36, is charged with illegal reentry after deportation following an aggravated felony conviction on or about June 30, 2017. 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.
* Norberto Malagon-Vega, age 41, is charged with illegal reentry after deportation on or about June 26, 2017. 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.
* Justin Montello, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with interference with federally protected activity on or about August 8, 2015. 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 of the Indictment charges Montello with threatening interstate communication on or about August 8, 2015. 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.
* Jose Guadalupe Palma-Ceballos, age 33, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about June 28, 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.
* Manuel Portillo-Choto, age 33, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about June 28, 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.
* Chaz Corleone Santangelo, age 40, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine beginning on or about December, 2015, and continuing to on or about December 2, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Santangelo with possession with intent to distribute 5 grams or more of methamphetamine on or about December 2, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Stanley Lee White, Jr., a/k/a “Ironboy”, age 50, of Niobrara, Nebraska, is charged with abusive sexual contact between on or about March 20, 2015, and on or about March 19, 2016. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Eric Wooding, age 40, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture of methamphetamine beginning on or about September, 2011 and continuing to on or about February, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Wooding with possession with intent to distribute a mixture of methamphetamine on or about January 7, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on July 7, 2017, Nicole Lynn Mount, 34, of Lincoln, was sentenced to 10 years (120 months) in prison for conspiracy to distribute and possess with the intent to distribute a mixture or substance containing methamphetamine. Following the prison term, Mount will serve five years on supervised release.
Information provided to law enforcement indicated that between June of 2014 and July of 2016, Mount was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area. In March of 2016, Mount and an associate were contacted by the Lincoln Police Department, and they were found in possession of a total of approximately 3 ⅔ ounces of methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Columbus Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Robert C. Stuart announced that Michael W. Kruse, 69, of Columbus, Nebraska, was sentenced today in Lincoln, Nebraska, to 4 years in prison by United States Senior District Judge Richard G. Kopf, for possession of child pornography. In addition to his prison term, Kruse will be required to serve 5 years of supervised release and register as a sex offender.
In October of 2015, an investigator with the Columbus Police Department received information from an investigator with the Nebraska State Attorney General’s Office that they were monitoring an IP address that was assigned to a residence in Columbus, Nebraska. This IP address reflected that a computer using the address had files available for sharing and downloading that were considered child pornography. The investigator from the Attorney General’s Office was able to download numerous video files which contained child pornography. The Columbus Police Department issued a subpoena to the IP provider and determined that it was assigned to Kruse at his residence in Columbus, Platte County, Nebraska.
A search warrant was executed at Kruse’s residence and officers made contact with Kruse who admitted to using a file sharing program to download child pornography. Later forensic investigation of the computers and storage media uncovered over 600 videos and still images of child pornography, including videos of victims known by law enforcement from previous investigations outside the state of Nebraska.
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 Columbus Police Department and the Nebraska Attorney General’s Office.
Plattsmouth Man Sentenced for Bank FraudRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Mark A. Tincher, age 59, of Plattsmouth, Nebraska, was sentenced on June 26, 2017, by the Honorable Laurie Smith Camp to five years of supervised release, a fine of $50,000, and ordered to pay restitution of $833,404.65 to Plattsmouth State Bank. Tincher had previously pled guilty to one count of bank fraud.
From approximately April 1, 2010, to approximately June 2, 2010, Tincher maintained separate checking accounts at Plattsmouth State Bank, Arbor Bank, Murray State Bank and Glenwood State Bank. Tincher conducted a scheme, known as check kiting, whereby he manipulated checks between the four banks to create artificially inflated bank balances through the utilization of float, then used the inflated bank balances for business purposes. When a check is drawn upon an account in one bank, presented for deposit at a second bank, and then transmitted to the bank of origin for payment, there is often a delay of a day or more between the time it was deposited and the time the check was ultimately presented to the bank of origin to be paid from available funds. The bank of origin still shows the money in the account and the bank in which the funds were deposited shows the same amount. That scenario is a float.
The case was investigated by the Federal Bureau of Investigation.
Drug Task Forces Honored with Midwest High Intensity Drug Trafficking (HIDTA) AwardsRead the Press Release
United States Attorney for the District of Nebraska, Robert C. Stuart, announced today that several individuals and drug task forces in Central and Western Nebraska will receive Midwest High Intensity Drug Trafficking (HIDTA) awards. Midwest HIDTA Director Jeffrey Stamm will be recognizing these individuals on Tuesday, June 27, 2017 at 11:00 a.m. in North Platte, Nebraska. The presentations will be made at the North Platte City Hall Council Chamber located at 211 W. Third Street.
Each year, the Executive Board of Midwest HIDTA recognizes a few of the many exemplary team and individual members in the Midwest HIDTA Program who have made significant contributions over the past year to reducing drug trafficking in the Midwest HIDTA Region.
The award recipients include many law enforcement officials from the Cooperative Operation for Drug Enforcement (CODE) Drug Task Force, the Western Nebraska Intelligence & Narcotics Group (WING) and the Central Nebraska Drug and Safe Streets Task Force (CNDSSTF), in addition to Assistant United States Attorney Kimberly Bunjer.
“This is an incredible honor for these law enforcement officials and task forces that are being recognized by the Midwest HIDTA”, said Acting U.S. Attorney Rob Stuart, “The coordination and cooperation among these agencies and entities is a tremendous tribute to the selfless dedication we see time and time again.”
Award Recipients include:
Outstanding Intelligence AnalystDottie Anderson, Central Nebraska Drug and Safe Streets Task Force
Outstanding Cooperative Effort (Operation Mexican Seafood)CODE Drug Task Force (Cooperative Drug Operations for Enforcement)
WING Drug Task Force (Western Nebraska Intelligence & Narcotics Group)
Central Nebraska Drug and Safe Streets Task Force
June Grand JuryRead the Press Release
Acting United States Attorney Robert C. Stuart announced the federal Grand Jury for the District of Nebraska has returned 38 indictments charging 43 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.
* Breck C. Beck, Jr., age 21, of Omaha, is charged with felon in possession of a firearm and ammunition on or about December 15, 2016. 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.
* James Burrus, age 26, is charged with distribution of 50 grams or more of a mixture containing methamphetamine on or about May 12, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Erlin Francisco Carrazco-Mendoza, age 35, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about November 3, 2016. 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.
* Kortney Cunegin, age 31, of Omaha, is charged with felon in possession of a firearm on or about January 7, 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.
* Eugene Michael Frazier, Sr., a/k/a Eugene Frazier-Green, a/k/a Cubby, age 26, of Winnebago, is charged with Domestic Assault by an Habitual Offender on or about January 29, 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.
* Nathan Jandreau, age 32, and Korina Freemont, age 40, of Omaha, are charged in a three-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine beginning on or about November 1, 2015, and continuing to on or about April 26, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Jandreau with felon in possession of a firearm on or about April 21, 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. Count III of the Indictment charges Freemont with felon in possession of a firearm on or about April 21, 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.
* David Garcia-Colimote, age 35, of Lexington, is charged with illegal reentry after deportation on or about May 29, 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.
* Jhovani Gomez-Garcia, age 32, of Columbus, is charged with illegal reentry after deportation following an aggravated felony conviction on or about June 13, 2017. 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.
* Trevon Green, age 19, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with distribution of less than 50 kilograms of marijuana on or about January 7, 2017. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Green with use of a firearm during a drug trafficking crime. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Curtis Holmes, Jr., age 25, of Omaha, is charged with distribution of a mixture containing crack cocaine on or about October 27, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Gerardo Infante Aranda, age 27, is charged with illegal reentry after deportation on or about March 10, 2017. 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.
* Sidney Jackson, age 26, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with distribution of less than 50 kilograms of marijuana or about November 10, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Jackson with use of a firearm during a drug trafficking crime. The maximum possible penalty if convicted is 5 years to life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment the defendant with felon in possession of a firearm on or about December 6, 2016. 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.
* Creighton Jones, age 24, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with distribution of a mixture containing crack cocaine or about March 14, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Jones with use of a firearm during a drug trafficking crime. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about March 14, 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.
* Loren Williams, age 26, is charged with transferring a firearm to a prohibited person on or about May 16, 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.
* Rodney Lillard, age 32, of Omaha, is charged with felon in possession of a firearm on or about May 30, 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.
* Luis Lorenzo-Urbina, age 30, of Omaha, is charged with illegal alien in possession of a firearm on or about May 23, 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.
* Francisca Lugo, age 58, of Kearney, is charged with illegal reentry after deportation following a felony conviction on or about June 9, 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.
* Daniel Martinez Brito, age 47, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about May 15, 2017. 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 Martinez Roman, age 28, of Omaha, is charged with illegal reentry after deportation on or about June 15, 2017. 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.
* Cary McCarty, age 27, of Lincoln, is charged in a three-count Indictment. Counts I, II and III of the Indictment charge the defendant with felon in possession of a firearm on or about November 8, 2016, May 18, 2011, on or about November 29, 2016, and on or about January 18, 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 for each count.
* Londy Montepeque, age 37, of Omaha, is charged in a four-count Indictment. Count I of the Indictment charges the defendant with illegal reentry after deportation on or about May 23, 2017. 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. Count II of the Indictment charges Montepeque with false representation of a social security number on or about April 6, 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 III of the Indictment charges Montepeque with false representation of U.S. Citizenship on or about April 6, 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 of the Indictment charges the defendant with misuse of a Social Security Card knowing that the document was not issued lawfully for his use on or about April 6, 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.
* Jose De Jesus Nava-Leanos, a/k/a Jose Blanco-Campos, a/k/a Jose Alvarez-Gutierres, age 58, of Mullen, is charged with illegal reentry after deportation following an aggravated felony conviction on or about May 16, 2017. 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.
* Lynell Noble, Jr., age 24, is charged with transferring a firearm to a prohibited person on or about December 8, 2016. 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.
* Pedro Orozco-Montes, age 35, is charged with illegal reentry after deportation on or about June 25, 2017. 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.
* Desiderio Pablo-Pablo, age 32, of Lexington, is charged with illegal reentry after deportation on or about June 14, 2017. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Michael Perez-Barrios, age 26, of Grand Island, is charged with illegal reentry after deportation following a felony conviction on or about May 19, 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.
* Otto Rene Pojoy-Garcia, age 38, of Crete, is charged with illegal reentry after deportation on or about May 13, 2017. 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.
* Jaime Ramos, age 33, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about July, 2016, and continuing to on or about November 4, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Ramos with possession with intent to distribute 50 grams or more of methamphetamine on or about November 6, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Andres Ramos Ramos, age 29, of Omaha, is charged with illegal reentry after deportation on or about May 31, 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.
* Terrance Robinson, age 20, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with distribution of less than 50 kilograms of marijuana on or about November 17, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Robinson with use of a firearm during a drug trafficking crime. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Diana Rodriguez-Lopez, age 23, is charged in a two-count Indictment. Counts I and II of the Indictment charge the defendant with distribution of a mixture containing cocaine on or about October 25, 2016 and on or about November 8, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count
* Wilson Secadia-Garcia, age 33, of Lincoln, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with illegal reentry after deportation following an aggravated felony conviction on or about May 22, 2017. 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 of the Indictment charges Secadia-Garcia with failure to register as a sex offender beginning on or about December 30, 2015, and continuing to on or about May 22, 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.
* Traynell D. Toney, age 24, of Omaha, is charged in a two-count Indictment. Counts I and II of the Indictment charge the defendant with bank robbery on or about June 2, 2017 and on or about June 9, 2017. 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 for each count.
* Blanca Avila De Vega, age 43, of Phoenix; Melissa Vega, age 19, of Phoenix; Alejandro Buendia-Ramirez, age 33, of Omaha; Carlos Alberto Valquier, age 19, of Omaha; and Alfredo Valquier, age 21, of Omaha, are charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about March 1, 2016, and continuing to on or about June 7, 2017. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment and any property used to commit the offense should be forfeited to the United States.
* Domingo Velasquez-Domingo, age 36, is charged with illegal reentry after deportation on or about June 6, 2017. 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.
* Kendall Williams, age 22, is charged with transferring a firearm to a prohibited person on or about April 12, 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.
* Irene E. Worman, age 62, of Red Cloud, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with theft of government funds beginning in or around November, 2010, and continuing until in or around April, 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. Counts II-IV of the Indictment charge Worman with allegedly making false statements for use in determining Supplemental Security Income Payments on or about December 2, 2014, on or about September 10, 2015, and on or about November 30, 2015. 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 for each count.
* Domingo Velasquez-Domingo, age 36, is charged with illegal reentry after deportation on or about June 6, 2017. 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.* Kendall Williams, age 22, is charged with transferring a firearm to a prohibited person on or about April 12, 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.
* Irene E. Worman, age 62, of Red Cloud, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with theft of government funds beginning in or around November, 2010, and continuing until in or around April, 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. Counts II-IV of the Indictment charge Worman with allegedly making false statements for use in determining Supplemental Security Income Payments on or about December 2, 2014, on or about September 10, 2015, and on or about November 30, 2015. 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 for each count.
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Richard Floyd Sandoval, 38, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 10 years in prison by United States District Judge John M. Gerrard, for possession of child pornography. In addition to the prison sentence, Sandoval will also serve an additional 15 years on supervised release and will continue to be required to register as a sex offender. Sandoval was already a registered sex offender after being convicted of Sexual Assault of a Child in Lincoln County, Nebraska, in December of 2001.
In May of 2016, the Lincoln Police Department was investigating computers sharing child pornography files via the internet. On that date, an investigator identified an IP address having files available for sharing and he was able to download child pornography over a three-day period. A subpoena was served on the internet service provider and determined that the IP address was registered to Sandoval’s apartment in Lincoln, Nebraska. Investigators then executed a search warrant at Sandoval’s residence. During that search, investigators found a laptop computer in a bedroom on which they were able to locate files depicting sexually explicit conduct involving children under the age of 18 years old. A later forensic investigation revealed 92 videos in a download folder of the user profile and approximately 66 videos of child pornography in the recycle bin and 38 deleted videos.
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 Lincoln Police Department.
Crips Gang Member Sentenced to Eight Years for Racketeering Conspiracy in NebraskaRead the Press Release
Today, a violent member of the Omaha-area Crips Gang was sentenced to eight years in prison, and five years of supervised release, for participating in a racketeering conspiracy involving acts of violence including attempted murder and assaults and drug distribution, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Robert C. Stuart of the District of Nebraska.
Gregory Bahati, aka “Pooh Bear,” aka “Murk 2x,” 22, of Omaha, Nebraska, was sentenced by U.S. District Judge Joseph F. Bataillon after he pleaded guilty to one count of conspiracy to participate in racketeering activity, one count of threatening violence in aid of racketeering, and one count of brandishing a firearm during a crime of violence.
According to the plea agreement, Bahati admitted to conspiring to conduct and participate in the affairs of the Omaha-area chapter of the Crips, known as the “40th Avenue Crips” and “44th Avenue Crips,” through a pattern of racketeering activity. As part of the plea agreement, Bahati admitted to personally committing acts of violence and distributing cocaine for the gang in furtherance of the racketeering conspiracy. According to the plea, these acts of violence included the assault of an individual for making statements disrespecting the gang and threatening violence with a gun toward another victim.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department are investigating the case. Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Matthew Molsen of the District of Nebraska are prosecuting the case.
Crips Gang Member Sentenced to Eight Years for Racketeering Conspiracy in NebraskaRead the Press Release
WASHINGTON – Today, a violent member of the Omaha-area Crips Gang was sentenced to eight years in prison and five years of supervised release for participating in a racketeering conspiracy involving acts of violence including attempted murder and assaults and drug distribution, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Robert C. Stuart of the District of Nebraska.
Gregory Bahati, aka “Pooh Bear,” aka “Murk 2x,” 22, of Omaha, Nebraska, was sentenced by U.S. District Judge Joseph F. Bataillon after he pleaded guilty to one count of conspiracy to participate in racketeering activity, one count of threatening violence in aid of racketeering, and one count of brandishing a firearm during a crime of violence.
According to the plea agreement, Bahati admitted to conspiring to conduct and participate in the affairs of the Omaha-area chapter of the Crips, known as the “40th Avenue Crips” and “44th Avenue Crips,” through a pattern of racketeering activity. As part of the plea agreement, Bahati admitted to personally committing acts of violence and distributing cocaine for the gang in furtherance of the racketeering conspiracy. According to the plea, these acts of violence included the assault of an individual for making statements disrespecting the gang and threatening violence with a gun toward another victim.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department are investigating the case. Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Matthew Molsen of the District of Nebraska are prosecuting the case.
Lincoln Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Robert C. Stuart announced that United States District Judge John M. Gerrard sentenced Christopher Rueter, 46, of Lincoln, Nebraska, to 57 months in federal prison, followed by 5 years of supervised release for possession of child pornography.
On August 8, 2016, while reviewing data for Peer-to-Peer investigations, Investigators of the Lincoln Police Department observed an IP address making known child pornography files available for sharing. Further investigation revealed that an Investigator for the Nebraska Attorney General’s Office had made a previous direct connection with this same IP address and downloaded 549 files, many files depicting child pornography.
Investigation by LPD determined that Time Warner was the Internet Service Provider for the IP address used and the physical location of the user assigned the IP address was defendant’s residence in Lincoln, Nebraska. On August 16, 2016, a search warrant was executed on defendant’s residence. Defendant admitted to using BitTorrent file sharing and downloading child pornography and child erotica. Investigators performed an on-scene preview of defendant’s computer, which revealed multiple child pornography images. Seized from the location were numerous computers, external hard drives, and thumb drive devices. A complete forensic examination was completed on the seized desktop computer. Both child erotica and child pornography files were found along with more than 1500 image files of child pornography, including several image files of prepubescent minors and children under the age of 12 engaged in sexually explicit conduct. Several of the image files are of minors whose identity has been confirmed by law enforcement.
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 Lincoln Police Department.
California Man Convicted of Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on Thursday, June 15, 2017, Robert L. Mayfield, originally of Sacramento, California, was convicted by a federal jury of conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing methamphetamine after a three-day trial. Sentencing is scheduled for September 29, 2017.
Evidence presented at trial showed that in 2014 and early 2015, Mayfield and other persons, including his brother, Anthony Harris, were involved in selling methamphetamine in the Lincoln area which was transported from California on Amtrak trains. In February of 2015, Lincoln Police Department officers served a search warrant at an apartment where Harris was staying. They found over 160 grams of methamphetamine, cash, two firearms, and items commonly used in drug distribution in the apartment. Harris was arrested and made a number of recorded calls from the Lancaster County Jail to Mayfield during which Mayfield told Harris not to talk to law enforcement.
Harris was indicted in a separate case and pled guilty to charges of possession with intent to distribute methamphetamine and marijuana and possession of a firearm in furtherance of a drug-trafficking crime. He was sentenced to a total of 97 months in prison in September of 2015. Tiara Blanco-Liggins, who was also in the apartment at the time of the search pled guilty to possession with intent to distribute methamphetamine and marijuana and was sentenced to 51 months in prison in January of 2016.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
California Woman Sentenced for Conspiracy to Launder MoneyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on Thursday, June 8, 2017, Marisela Pescador., 39, of Moreno Valley, California, was sentenced to four years of probation for conspiracy to commit money laundering. As part of the sentence of probation, Pescador will be required to serve six months on home confinement and will be incarcerated for 16 weekends or 2-day time-periods.
Pescador pled guilty to the charge in February of 2016. Information obtained by law enforcement indicated that between April and September of 2011, Pescador was involved with other persons in laundering proceeds of methamphetamine sales, which occurred in Lincoln, Nebraska, through bank accounts in the names of Pescador, her children, her husband’s landscaping business, and bank accounts in the names of persons associated with a co-conspirator. Money from methamphetamine sales was deposited in Lincoln, Nebraska, and Pescador and other persons would withdraw the money from the bank accounts in California.
On Monday, June 5, 2017, Pescador’s husband and co-defendant, Sergio Valencia, Sr., was sentenced to 160 months in federal prison for conspiracy to distribute methamphetamine and conspiracy to money launder.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Former Bellevue Man Sentenced for Receiving Child PornographyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Kyle Brenner, 56, formerly from Bellevue, Nebraska, was sentenced on June 5, 2017 in federal court in Omaha for receiving child pornography. Chief United States District Court Judge Laurie Smith Camp sentenced Brenner to five years of imprisonment. There is no parole in the federal system. After his release from prison, Brenner will be required to serve five years of supervised release.
A search warrant was executed on Brenner’s home in 2009 and various computers were seized. Shortly after the search was completed, Brenner left the United States and obtained employment in London. He was extradited back to the United States in 2016.
Brenner was identified following a nationwide investigation by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) into the production and distribution of child pornography. The investigation revealed that Brenner used his credit card to purchase a subscription for access to a website which provided child pornography. He then accessed the site to download child pornography to his computer in Bellevue, Nebraska. A forensic evaluation of his computer revealed 39 video files and 165 saved image files containing child pornography.
This case was investigated by ICE’s Homeland Security Investigations. “Today’s conviction is yet another example that HSI special agents will use every available means to identify, track down and bring to justice criminals like Kyle Brenner,” said Special Agent in Charge Alex Khu of HSI St. Paul. “The professionalism and dedication shown by our agents in Nebraska are outstanding examples of the work we do every day to protect the children of our nation.”
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.
California Man Sentenced for Conspiracy to Money Launder and Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Robert C. Stuart announced that on Monday, June 5, 2017, Sergio Valencia, Sr., 41, of Moreno Valley, California, was sentenced to two concurrent terms of 13 years and four months (160 months) in prison for conspiracy to money launder and conspiracy to distribute methamphetamine. Following the prison term, Valencia will serve three years on supervised release.
Valencia was convicted by a federal jury in Lincoln in July of 2016. Evidence presented at trial showed Valencia was involved in a scheme to transport methamphetamine from California to Lincoln, Nebraska for resale. Proceeds of drug sales in Nebraska were deposited into bank accounts belonging to Valencia’s landscaping business, his wife, and other family members along with accounts belonging to family members of one of Valencia’s co-conspirators. The approximate time-frame was between April and September of 2011 for the money laundering conspiracy and between January of 2010 and June of 2013 for the drug conspiracy.
Valencia’s wife and co-defendant, Marisela Pescador, pled guilty to conspiracy to money launder and is scheduled for sentencing on June 8, 2017.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on May 30, 2017, Brendan Kelly Gregg, 32, of Lincoln, was sentenced to 14 years (168 months) in prison for conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Following the prison term, Gregg will serve five years on supervised release.
Information provided to law enforcement indicated that between February of 2015 and March of 2016, Gregg was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine in the Lincoln area. On September 30, 2015, Gregg was contacted by a Lincoln Police officer and was found to be in possession of two and one-half grams of methamphetamine and a pistol, which Gregg said belonged to his father.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Alien Sentenced for Receiving Child PornographyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Jose Manuel Garcia Vargas, 41, was sentenced in federal court in Omaha on May 26, 2017, for receiving child pornography. The Honorable Robert F. Rossiter, Jr. sentenced Garcia Vargas to five years of imprisonment. There is no parole in the federal system. After his release from prison, he will be deported to Mexico. Should he return to the United States, he will be subject to a 10-year term of supervised release and required to register as a sex offender.
A search warrant was executed on Garcia Vargas’s home on February 16, 2016. He admitted to receiving child pornography during Skype chats. He admitted to soliciting images from young girls and requesting that they be sexually explicit. A forensic review of his computers confirmed the Skype chats. Although no child pornography was recovered from the computer, one image of child pornography had been intercepted by his internet service provider.
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 Federal Bureau of Investigation.
Omaha Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on May 24, 2017, Carl Anthony Mangiameli, 52, of Omaha, was sentenced to 18 years and four months (220 months) in prison for possession with intent to distribute methamphetamine. Following the prison term, Mangiameli will serve five years on supervised release.
On August 28, 2015, Mangiameli was contacted by Lincoln Narcotics officers at a Lincoln truck stop. He was found to be in possession of 53 grams of pure methamphetamine and over $2000 in cash. Mangiameli admitted selling methamphetamine since 1999 and said he had gone to the truck stop to collect money from one of his methamphetamine customers and possibly sell additional methamphetamine to that person. Under the federal sentencing guidelines, Mangiameli was determined to be a career offender as a result of two prior Pottawattamie County, Iowa felony drug convictions and a 2005 federal conviction for possession with intent to distribute methamphetamine in the District of Nebraska. This resulted in a substantial enhancement to his sentencing range.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Omaha Man Sentenced to 7 Years for Child PornographyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Randy Arnold, 51, was sentenced in federal court in Omaha, Nebraska, for receiving child pornography. Chief Judge Laurie Smith Camp sentenced Arnold to 84 months imprisonment. There is no parole in the federal system. After his release from prison, Arnold will begin a five-year term of supervised release and will be required to register as a sex offender. Arnold was also ordered to pay restitution of $700.00 to a specific identified victim.
On June 12, 2016, the Omaha Police Department was called to Arnold’s home. A thumb drive was provided to the police. A search warrant was obtained to thoroughly search the drive for child pornography. A total of 74 videos of minor children engaged in sexually explicit conduct, many with children in the seven- to nine-year-old range, were found on the drive. The drive belonged to Arnold.
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 Police Department.
Nebraska Woman Sentenced for Involvement in Income Tax SchemeRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on May 22, 2017, Kathy L. Hansen, 36, of Gresham, Nebraska, was sentenced for her involvement in an income tax scheme. The Honorable Chief Judge Laurie Smith Camp sentenced Hansen to a three (3) year term of probation. Hansen was also ordered to make restitution in the amount of $11,557.
An investigation conducted by Internal Revenue Service Criminal Investigation determined that in 2014 Hansen opened a bank account used for the deposit of illegally obtained federal tax refunds. The illegally obtained federal tax refunds were deposited as part of a tax refund scheme being operated by individuals believed to be located outside of the United States. After the federal tax refunds were deposited into her account, Hansen would send the money to individuals operating the scheme believed to be located outside of the United States. “Individuals should think twice before participating in fraudulent tax schemes and be prepared to face the consequences,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Those consequences include being branded a convicted felon and paying back what was stolen from the government.”
The case was investigated by the Internal Revenue Service Criminal Investigation.
Crips Gang Member Pleads Guilty to Racketeering Conspiracy in NebraskaRead the Press Release
A violent member of the Omaha-area Crips Gang pleaded guilty today to participating in a racketeering conspiracy involving acts of violence including attempted murder and assaults, witness tampering and drug distribution, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Robert C. Stuart of the District of Nebraska.
Dionte Dortch, aka “Killa Tay,” 23, of Omaha, Nebraska, pleaded guilty before U.S. District Judge Joseph F. Bataillon of the District of Nebraska to one count of conspiracy to participate in racketeering activity, one count of witness tampering, one count of attempted obstruction of justice and one count of possession of a firearm by a felon. As part of his guilty plea, Dortch has agreed to be sentenced to 20 years in prison. The sentencing hearing for Dortch is scheduled for Aug. 23, 2017.
According to the plea agreement, Dortch admitted to conspiring to conduct and participate in the affairs of the Omaha-area chapter of the Crips, known as the “40th Avenue Crips” and “44th Avenue Crips,” through a pattern of racketeering activity. As part of the plea agreement, Dortch admitted to personally committing acts of violence for the gang in furtherance of the racketeering conspiracy. These acts of violence included the hiring of a hitman to kill a potential witness, the shooting and attempted murder of four individuals believed to be associated with a rival gang and using threats of violence to prevent a witness from testifying before a federal grand jury, according to the plea.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department are investigating the case. Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Matthew Molsen of the District of Nebraska are prosecuting the case.
Colorado Man Sentenced for Mail FraudRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that Benedict T. Palen, Jr., age 63, of Denver, Colorado, was sentenced for his conviction on one count of mail fraud. United States District Court Judge Robert F. Rossiter sentenced Palen on May 5, 2017 to a term of probation of five years. Palen was further ordered to perform 200 hours of community service and to pay the remaining unpaid restitution in the amount of $2,500.
In September of 2012, Palen, acting through his company, Great Plains Farms, sold a John Deere tractor to an individual in Holdrege, Nebraska for $45,000 representing it to be free and clear of liens. A $20,000 check was mailed to Palen as a down payment. On the same date, Palen sold the same tractor to an individual in North Dakota. Further investigation revealed that not only was there a lien against the tractor by a bank in Kansas, but the same tractor had actually been sold in 2011 by the defendant, as vice-president of Pull Pans, Inc., to a company in Florida. When Palen had not delivered the tractor to the Holdrege buyer by April of 2013, Palen claimed there was a discrepancy in the number of hours on the tractor and modified the agreement to provide for delivery of a different John Deere tractor thereby causing the buyer to mail a $25,000 check to Palen for the remaining amount due. However, this alternate tractor had also been sold in 2011 by Palen, as vice-president of Pull Pans, Inc., to the Florida company.
In November of 2013, Palen acting through his company, Great Plains Farms, sold a different John Deere tractor to an individual in Bertrand, Nebraska, but did not deliver it after receiving a down payment of the purchase price. This tractor also had been previously sold by Palen, as vice-president of Pull Pans, Inc. to the Florida company.
This case was investigated by the Postal Inspection Service.
"The U.S. Postal Inspection Service will continue to protect the integrity of the US Mail and aggressively investigate individuals such as Benedict Palen who use the mail to defraud individuals or businesses of money and property," said Craig Goldberg, Inspector in Charge of the Denver Division of the United States Postal Inspection Service, which covers Nebraska. "We want the public to know that Postal Inspectors will aggressively pursue anyone who attempts to use the Postal Service to facilitate such frauds and we will not allow the US Mail to be used to commit crimes."
Omaha Man Sentenced for Possession of Unregistered FirearmRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Po Kwe, 31, formerly of Omaha, Nebraska, was sentenced on May 3, 2017, in Lincoln, Nebraska, to 15 months in prison by United States Senior District Judge Richard G. Kopf, for receipt and possession of an unregistered firearm. In addition to serving his prison sentence, Kwe will also serve 3 years of supervised release and pay a $100 special assessment.
On May 6, 2016, Nebraska Conversation Officers made contact with Kwe at a campsite on a Water Management Area in Pawnee County and observed various fishing violations. Officers made contact with Kwe at the campsite and the two conservation officers were given verbal consent to search a tent. Officers found a rifle and a silencer in the tent. The silencer had been removed from the rifle barrel. Kwe stated the tent and the rifle were his.
The rifle and the silencer were given to the DEA and sent to ATF for a determination that this was in fact a silencer and firearm under federal law. Kwe was not registered to have a silencer.
This case was investigated by the Nebraska Conservation Department and the Bureau of Alcohol, Firearms, Tobacco and Explosives.
California Man Sentenced for Conspiracy to Distribute Methamphetamine and HeroinRead the Press Release
Acting United States Attorney, Robert C. Stuart, announced that on May 4, 2017, Musa J. Harris, 27, of Oakland, California, was sentenced to five years and ten months (70 months) in prison for his involvement in a conspiracy to distribute methamphetamine and heroin between November of 2012 and April of 2015. Information obtained by law enforcement indicated that in the fall of 2013, Musa Harris was involved in the distribution of at least five kilograms (11 pounds) of methamphetamine and approximately one kilogram of heroin. Following the prison term, Musa Harris will serve three years on supervised release.
Musa Harris’s brother, Isa M. Harris, was sentenced on March 10, 2017, to 11 years and eight months (140 months) in prison, to be followed by a five-year term of supervised release for his participation in the same conspiracy.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Indictments Unsealed Against Arapahoe Man and Tennessee Man Charging Felon in Possession of a Firearm and Misprision of FelonyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that an indictment has been unsealed charging Anthony Todd Weverka, age 54 of Arapahoe, Nebraska, with Misprision of Felony. The charge alleges Weverka knew of the existence of felony offenses, specifically Solicitation to Commit a Crime of Violence and Attempted Kidnapping, and did not disclose them to authorities, and concealed those offenses through affirmative acts. The charge carries a possible penalty of up 3 years imprisonment, a $250,000 fine, or both. Weverka was taken into custody by agents of the Federal Bureau of Investigation on Monday, May 1, 2017, in Arapahoe. His initial appearance before Magistrate Judge Cheryl Zwart is scheduled for May 2, 2017, at 2:00 p.m. at the federal courthouse in Lincoln, Nebraska.
According to the indictment, Weverka served as the President of the Arapahoe Airport Board. In that capacity, he met an individual, referred to in the indictment as “M.P.”, who flew a plane to the airport and asked to spend the night on the premises. The man was a fugitive from justice after having failed to appear for trial on charges of being a felon in possession of a firearm in Tipton County, Tennessee. The indictment also alleges the man represented himself to be an ambassador and associate chief justice of the Chilcotin Nation in British Columbia, Canada. The man was arrested at the airport by federal, state and local law enforcement authorities.
Following his arrest, M.P. was transported to the Furnas County Jail in Beaver City, Nebraska, where he was held pending extradition to the State of Tennessee. The indictment alleges that another individual, referred to as “S.H.” in the indictment, and holding herself out as the Chief Justice of the Universal Supreme Court of the Tshilhqot’in Nation, (USCTN), a self-proclaimed body purporting to represent the “country” of Chilcotin, issued orders demanding the release of M.P.. When her court “orders” were ignored, the indictment alleges she contacted a bounty hunter in New Orleans, Louisiana, and offered to pay to have the bounty hunter break M.P. out of jail, arrest the Sheriff of Furnas County and the presiding Judge in Tipton County, Tennessee, and transport all of them to Canada where the Sheriff and Judge would face purported criminal charges.
The indictment alleges Weverka learned of the plot to take the Sheriff of Furnas County into custody and did not immediately disclose the same to law enforcement authorities. It further alleges Weverka spoke repeatedly with the woman in Canada holding herself out as the Chief Justice of the USCTN and, further, that he supplied the home address of the Sheriff to her. After learning of the plot, it is alleged Weverka warned the Sheriff that his life might be in danger but did not disclose his full knowledge of the planned abduction. The indictment alleges Weverka committed the crime of Misprision of Felony by concealing the crime through false statements, omissions of material facts and continuing to provide assistance to those whom he believed were involved in the plot.
In a separate indictment, Michael Wayne Parsons, age 55 of Arlington, Tennessee, is charged with being a felon in possession of a firearm. Specifically, it alleges Parsons, after conviction of the felony offense of aggravated assault on November 23, 2009, in the Circuit Court of Tipton County, Tennessee, was located in Nebraska on January 11, 2017, while in possession of a Rock River 5.56 LAR-15 assault rifle and 637 rounds of ammunition. The charge carries a possible penalty of up to 10 years’ imprisonment, a $250,000 fine or both. Parsons is currently in custody in the State of Tennessee awaiting trial of other charges.
This matter was investigated by the Federal Bureau of Investigation, the Furnas County Sheriff’s Office, the United States Postal Inspection Service, the Nebraska State Patrol and the Royal Canadian Mounted Police.
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.
Indictment Unsealed Against Michael ShirleyRead the Press Release
Acting United States Attorney Robert C. Stuart announced an indictment was unsealed against Michael Shirley, 55, of Doniphan, Nebraska. The Indictment charges Shirley with two counts of distribution of methamphetamine in September 2016.
Shirley faces a maximum possible penalty, if convicted, of 40 years imprisonment, a $5,000,000 fine, a 4-year term of supervised release and a $100 special assessment for each count.
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.
This case was investigated by the Central Nebraska Drug and Safe Streets Task Force.
Omaha Man Sentenced for Falsely Applying for PassportRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on Friday, April 21, 2017, United States District Court Judge John M. Gerrard sentenced Kayne Farquharson, 32, of Omaha, Nebraska, to 21 months in federal prison followed by 3 years of supervised release after he pled guilty to making a false statement on a passport application. Farquharson was also ordered to pay $18,809.00 in restitution in connection with some credit he had obtained in a fraudulent identity.
On or about May 28, 2014, the defendant, identifying himself as a person with the initials, T. L. M., submitted an Application for a U.S. Passport at the Passport Acceptance Office, in Grand Island, Nebraska. As proof of identity, Farquharson presented a Nebraska driver’s license in the name of T. L. M. and as proof of citizenship, a Florida birth certificate in the name of T. L. M. Farquharson also listed on the passport application his occupation as a “football player” and his employer as the Nebraska Danger, a professional indoor football team based in central Nebraska. A United States passport was issued on June 3, 2014 in the name of T. L. M. and mailed to the address listed on the passport application in Grand Island, Nebraska. Photos were compared and it was determined that the person who submitted the application for the passport was indeed Farquharson. Further investigation revealed that Farquharson and T.L.M. knew each other at the time Farquharson applied for the passport.
This case was investigated by the U.S. Department of State.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on April 14, 2017, Jason John Kahler, 42, of Lincoln, was sentenced to 14 years (168 months) in prison for his involvement in a conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine between January of 2014, and January of 2016. Information obtained by law enforcement indicated that during that timeframe, Kahler was involved in the distribution of at least 5 kilograms (11 pounds) of methamphetamine in the Lincoln area. Following the prison term, Kahler will serve five years on supervised release.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Mother and Son Convicted of Conspiracy to Distribute Misbranded Substances, Drug Paraphernalia, and Related Financial CrimesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on Tuesday, March 28, 2017, co-defendants Allen E. Peithman, Jr., Sharon A. Elder, and their corporations, Cornerstone Plaza, Inc., and AEP Properties, L.L.C., were each convicted of at least one crime after a three-week-long jury trial. Peithman, his mother, Elder, and their respective corporations operated two “head shops” in Lincoln. They operated Dirt Cheap between October of 2013 and August of 2015, and Island Smokes between September of 2014 and April of 2015. In April of 2015, a number of drug overdoses were attributed to the sale of “potpourri” in Lincoln. Island Smokes was selling “potpourri,” also known as “K2” during that time. This led to the execution of a search warrant in April of 2015 during which over 500 packets of “potpourri” and hundreds of pieces of drug paraphernalia were seized. In August of 2015, a search warrant was served at Dirt Cheap, and additional drug paraphernalia was seized.
Peithman was convicted of conspiracy to distribute drug paraphernalia; investment of drug proceeds; conspiracy to distribute misbranded substances; conspiracy to commit mail fraud; conspiracy to structure financial transactions; and commission of an offense while on supervised release. Peithman’s corporation, AEP Properties, L.L.C., was also convicted of the conspiracy to structure. Elder and her corporation, Cornerstone Plaza, Inc., were convicted of conspiracy to distribute drug paraphernalia; investment of drug proceeds; conspiracy to distribute misbranded substances; conspiracy to commit mail fraud; and conspiracy to structure.
After the verdict was returned, additional evidence was presented, and the jury was instructed with respect to consideration of forfeiture allegations seeking forfeiture of real estate, cars, bank accounts, and products used in the above-listed crimes. On March 29, 2017, the jury returned a verdict forfeiting the business checking account for Cornerstone Plaza, Inc., as well as all the misbranded drugs and drug paraphernalia seized from the businesses. The Indictment also included an allegation that a money judgment should be entered against the defendants, and that matter is set for hearing on April 24, 2017.
The conspiracy to commit mail fraud charge carries a possible penalty of up to 20 years in prison. Investment of drug proceeds and conspiracy to commit structuring each carry possible penalties of up to 10 years in prison. Conspiracy to distribute drug paraphernalia and conspiracy to distribute misbranded drugs each carry penalties of up to three years in prison. The crime of committing a felony while on supervised release for which Peithman was convicted carries a possible sentence of up to 10 years consecutive to any other sentence. The corporations face fines of up to $1,000,000 on the structuring conviction. Sentencing for all defendants is scheduled for June 20, 2017.
This case was investigated by the Lincoln/Lancaster County Drug Task Force, the Food and Drug Administration, Homeland Security Investigations, and the Nebraska State Patrol. In response to the verdict, Special Agent in Charge William Conway, FDA Office of Criminal Investigations, Chicago Field Office, said,
“Drugs that are produced and distributed outside the FDA’s oversight put consumers at risk of being harmed. We will continue to work with our law enforcement partners to prevent such drugs from reaching the market and to bring to justice those who endanger American consumers by circumventing FDA's regulatory process."
Dunbar Man Sentenced to Ten Years for His Second Child Pornography OffenseRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Scott Wellensiek, 43, of Dunbar, Nebraska, was sentenced in federal court in Omaha for possessing child pornography. The Honorable Laurie Smith Camp, Chief Judge, sentenced Wellensiek to 10 years of imprisonment. There is no parole in the federal system. After his release from prison, Wellensiek will begin a 15-year term of supervised release.
Wellensiek was previously convicted of possessing child pornography in federal court in Wyoming. He was sentenced to 7 days of imprisonment to be followed by a 10-year term of supervised release. While on supervised release, he moved to Dunbar, Nebraska.
In September 2016, investigators with the Nebraska Attorney General’s Office downloaded images of child pornography from a computer at Wellensiek’s residence. A search warrant was executed on October 3, 2016. Wellensiek admitted to downloading child pornography while on supervised release for a child pornography offense. He deleted the child pornography after downloading and viewing. The images downloaded by law enforcement from Wellensiek’s computer involved prepubescent children engaged in sexual activity with adults.
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.
Nebraska Man Sentenced in Wire Fraud and Tax CasesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on March 23, 2017, United States District Judge John M. Gerrard sentenced Alan Ostrander, 45 years old of Omaha, Nebraska, to five years’ probation following his guilty pleas to criminal charges of wire fraud and willful failure to file tax returns. The federal prosecution stemmed from actions by Mr. Ostrander while he managed the Big Drive Cattle feed yard near Fullerton NE during 2009 and 2010. Ostrander must pay restitution of $27,876 to Elkhorn Valley Packing for selling its cattle but not paying over to it the proceeds of the sale, and must pay restitution of $20,800 to the former owners of Big Drive Cattle for converting its funds to his own use. Ostrander must also cooperate with the Internal Revenue Service in the determination, calculation, and collection of taxes owed by him for the years 2009 and 2010.
“The term voluntary compliance means that each of us is responsible for filing a tax return when required and for paying the correct amount of tax,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation for Nebraska. “This responsibility should not be taken lightly.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service.
Seward Man Sentenced for Clean Air Act ViolationsRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Patrick Keough, 59, of Seward, Nebraska, was sentenced Monday in federal court in Omaha on two counts of violating the Clean Air Act. The Honorable Laurie Smith Camp sentenced Keough to six months’ imprisonment. After his release from prison, he will begin a one-year term of supervised release.
Keough is the owner of America’s Fiberglass Animals (AFA). AFA uses gel coats and Hazardous Air Pollutant (HAP) paints to manufacture fiberglass animals. The Nebraska Department of Environmental Quality (NDEQ) determined that AFA required a construction permit and fabric filters in the manufacturing area to operate its business. Keough continued to operate his business in Shelton, Nebraska, without securing a permit or installing fabric filters. He then moved the business to Minden, Nebraska, without advising NDEQ and without securing the required permit. The business continued to operate without fabric filters
This case was investigated by United States Environmental Protection Agency Region VII. The Nebraska Department of Environmental Quality assisted with the investigation.
Virginia Man Sentenced for Cyber StalkingRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on March 10, 2017, Richard Killebrew, 37, of Newport News, Virginia, was sentenced for the crime of Cyber Stalking. The Honorable Robert F. Rossiter, Jr., United States District Court Judge, sentenced Killebrew to a 41-month term of imprisonment. There is no parole in the federal system. After his release from prison, Killebrew will begin a term of supervised release of 3 years.
A law enforcement investigation determined that between at least March, 2016, and July, 2016, Killebrew repeatedly used a computer and cell phone to send threatening messages to victims located in the District of Nebraska and elsewhere. In March, 2016, Killebrew used a cell phone to send a text message to a victim located in the District of Nebraska, which contained death threats. Between March, 2016, and July, 2016, Killebrew also posted numerous death threats directed at victims, located in Nebraska and elsewhere, on an internet blog. Phone and internet records obtained by law enforcement confirmed Killebrew had made the threats while he was located in Virginia.
After determining these threats were made by Killebrew, law enforcement arrested him at his residence in Newport News, Virginia. Killebrew was transported back to the District of Nebraska, where he was eventually convicted in the United States District Court, District of Nebraska, for the crime of Cyber Stalking.
The case was investigated by the Federal Bureau of Investigation and Omaha Police Department.
Plattsmouth Man Pleads Guilty to Bank FraudRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Mark A. Tincher, age 59 of Plattsmouth, pleaded guilty today to an Information charging him with one count of bank fraud, before the Honorable Laurie Smith Camp. If convicted, he faces a maximum of 30 years’ imprisonment, a $1,000,000 fine and three years of supervised release.
From approximately April 1, 2010, to approximately June 2, 2010, Tincher maintained separate checking accounts at Plattsmouth State Bank, Arbor Bank, Murray State Bank and Glenwood State Bank. Tincher conducted a scheme, known as check kiting, whereby he manipulated checks between the four banks to create artificially inflated bank balances through the utilization of float, then used the inflated bank balances for business purposes. When a check is drawn upon an account in one bank, presented for deposit at a second bank, and then transmitted to the bank of origin for payment, there is often a delay of a day or more between the time it was deposited and the time the check was ultimately presented to the bank of origin to be paid from available funds. The bank of origin still shows the money in the account and the bank in which the funds were deposited shows the same amount. That scenario is a float. Plattsmouth State Bank lost approximately $700,000.00 and Glenwood State Bank lost approximately $90,000.00 as part of Tincher’s scheme.
Sentencing has been set for June 12, 2017.
The case was investigated by the Federal Bureau of Investigation.
Omaha Man Sentenced for Robbery and Firearm ChargesRead the Press Release
Acting United States Attorney Robert Stuart announced that Robert M. Brannon, age 27, of Omaha, was sentenced today by the Honorable Laurie Smith Camp after having previously pleaded guilty to one count of interference with commerce by means of robbery and felon in possession of a firearm. He was sentenced to 6 years’ imprisonment, to be followed by 3 years of supervised release when his incarceration ends. He was also ordered to pay $3,139.82 in restitution.
On January 10, 2016, at approximately 8:50 p.m., Brannon entered the Dunkin Donuts at 10611 Fort Street, carrying what appeared to be a gun, and demanded the two employees open the safe. When they told him they couldn’t open it, he took approximately $150.00 from the cash registers. He then directed them to get in the freezer and closed the door behind them. They were able to call 911 and Omaha Police officers responded a short time later. Both employees were unharmed. Brannon was arrested two days later and had a different firearm in his possession. He had been convicted in Douglas County District Court in 2011 of delivery of a controlled substance, a felony. Felons are prohibited from possessing firearms.
Brannon was also believed to be involved in a December 23, 2015, robbery of the Dunkin Donuts at 2520 Old Cheney Road, in Lincoln and a December 27, 2015, robbery of the 10730 Q Street Dunkin Donuts in Omaha. There was insufficient evidence to charge him with those robberies but as part of Brannon’s guilty plea to the Fort Street robbery, he agreed to pay restitution for all three. Brannon had previously worked at the Lincoln and Q Street Dunkin Donuts locations prior to the robberies.
The case was investigated by the Omaha Police Department.
Omaha Woman Sentenced for Tax FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that Lisa R. Holmes, age 42 of Omaha, Nebraska, was sentenced on March 6, 2017, by Chief Judge Laurie Smith Camp. On December 5, 2016, Ms. Holmes entered a plea of guilty to tax fraud. Ms. Holmes was sentenced to 18 months’ imprisonment, to be followed by a one-year term of supervised release, a $100 special assessment and ordered to pay restitution in the amount of $48,833.00.
Ms. Holmes was a tax preparer. She created false Schedules C for several clients over a several year time span. In the false Schedules C, Ms. Holmes provided information that the clients had business income that they did not truly have. As a result of the falsification, the clients received a higher tax refund than they would have otherwise been entitled to receive. “While most return preparers provide excellent service to their clients, a few dishonest tax preparers file false and fraudulent returns to defraud the government, the taxpaying public and their own clients,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Taxpayers should be selective in choosing a return preparer, and have confidence knowing that person will prepare accurate tax returns and safeguard their financial information.”
The case was investigated by the Internal Revenue Service Criminal Investigations unit.
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Frank L. Tonini, 31, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 56 months in prison and ordered to pay $5,000.00 in restitution, by United States District Judge John M. Gerrard, for possessing child pornography. After serving his prison sentence, Tonini will be required to serve 5 years of supervised release and register as a sex offender.
In October of 2015 investigators identified Tonini’s IP address as sharing child pornography and obtained a search warrant for his Lincoln residence. During the execution of the search warrant, Tonini was contacted by investigators and admitted to using his computer to download child pornography. A later forensic exam of his computer revealed at least 200 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 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 Lincoln Police Department and the Nebraska Attorney General’s Office.
Omaha Man Pleads Guilty to Tax FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that on February 27, 2017, Jesus Rivera Cruz of Omaha, Nebraska, age 41, pled guilty to one (1) count of filing a false tax return before the Honorable Laurie Smith Camp, Chief United States District Court Judge. An investigation conducted by the Internal Revenue Service-Criminal Investigation Division determined that the defendant, the owner of Rivera’s Mexican Food, a restaurant in Omaha, failed to report a significant portion of his gross receipts for the tax years 2010, 2011 and 2012. As a result of this failure to report said receipts, the United States suffered a tax loss of approximately $105, 029.
As part of the plea agreement the defendant has agreed to make full restitution to the government. Additionally, the defendant faces a term of incarceration of up to three years, a fine of $250,000 and a term of supervised release of up to one year. Sentencing is set for May 26, 2017. According to Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division Karl Stiften, “We should not forget that the ultimate victims in tax fraud cases are those honest taxpayers who diligently file returns and pay their taxes each year”.
Kansas Man Sentenced for Wire FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that James Allan Kappler, Jr., age 61, of Topeka, Kansas, was sentenced today by the Honorable Laurie Smith Camp after having previously pleaded guilty to one count of wire fraud. He was sentenced to 5 years, 3 months in federal prison to be followed by 3 years of supervised release when his incarceration ends. He was also ordered to pay $911,428.99 in restitution.
From 2007 through 2012, Kappler devised a scheme in which he represented to his mother that he was suffering from methicillin-resistant staphylococcus aureus, also known as MRSA. MRSA is a staph infection than can become terminal and is resistant to many common antibiotics. Kappler told his mother that he was involved in a study sponsored by Pfizer Pharmaceuticals. He told her he needed to pay for all of his medical care and, once his treatment concluded, Pfizer would pay him $5,000,000. He convinced his mother to provide him money to pay for his “medical care.” When Kappler’s mother’s funds were depleted, she sought more money from her sister and friends. In total, Kappler received at least $911,428.99 as part of his scheme. The funds were wired from his mother’s trust account to an account in Topeka.
In praising Judge Smith Camp’s sentence, Ms. Gilg remarked that oftentimes the elderly in our communities are our most vulnerable citizens.
The case was investigated by the United States Secret Service.