District of Nebraska

United States Attorney Deborah R. Gilg announced that Conrad D. Lyons, Jr., 24, of Macy, Nebraska  was sentenced in the United States District Court at Omaha for Assault with a Dangerous Weapon.    The Honorable Laurie Smith Camp, Chief Judge, imposed a sentenced of 37 months.  After his release from prison Lyons will be on a 3 year term of supervised release. 

Lyons had recently been released from federal prison for assaulting a federal officer in August 2012.  He was on supervised release for that crime.

On August 3, 2012, Lyons was in a verbal altercation with his girlfriend who is also the mother of his children at a bar in Walthill, Nebraska.  He was removed from the bar.  His girlfriend left the bar later and began to walk home.  Lyons approached her and struck her to the face with both his fist and a full beer can.  The force of the beer can split her lip vertically to the base of her nose.  Lyons then struck a witness who attempted to intervene.  Lyons continued to assault his girlfriend once she entered her residence until the Omaha Tribal Police Department arrived and intervened.   

United States Attorney Deborah R. Gilg announced that after a jury trial which began January 22, 2013, Guy E. Allen and Christopher Mallett were found guilty of conspiracy to distribute crack cocaine.  Several crack users testified about the defendants’ distribution in the near south area of Lincoln.  The jury also heard evidence of several drug purchases made by undercover Lincoln Police officers.  Lincoln Police also seized crack from Guy Allen and Terrell Tyler during the investigation.  The conspiracy started in the fall of 2009 and lasted until at least the arrest of Allen, June 15, 2011.

This case was investigated by the Lincoln Police Department.

            United States Attorney Deborah R. Gilg announced that James R. Nelson, 56, was sentenced in the United States District Court in Omaha for failure to register as a sex offender.  The Honorable Lyle E. Strom, Senior District Court Judge, sentenced Nelson to 2 years in prison.  After his release from prison Nelson will begin a 5 year term of supervised release.   

Nelson was convicted in Illinois of sexual assault of a seven year old in 1995.  He is required to register as a sex offender for life.  He was last registered at an address in Iowa. Nelson moved to Ralston in June of 2012.  He acquired a Nebraska Identification card.  He failed to register as a sex offender in Nebraska.  He was arrested on July 9, 2012, by the United States Marshal Service. 

The case was prosecuted as a part of Project Safe Childhood.  Project Safe Childhood is an initiative of the United States Department of Justice designed to protect children from individuals who would exploit them online or offline and includes individuals who travel in interstate commerce and fail to register as sex offenders as required by law.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

            United States Attorney Deborah R. Gilg announced that Travis McQueen, age 28 of Omaha, was sentenced today in Omaha by Chief United States District Judge Laurie Smith Camp to 63 months in federal prison followed by 3 years of supervised release.  Mr. McQueen had previously pleaded guilty to one count of knowing possession of stolen explosives. 

On August 11, 2011, one or more persons broke into storage units at the Buckley Powder Company in rural Cass County, Nebraska, and stole 100 pounds of blasting agent, 3,000 feet of detonating cord and two cases of boosters.  A lengthy investigation into the matter eventually led investigators to place reward flyers in various locations in eastern Nebraska.  An anonymous caller contacted authorities and suggested Travis McQueen might be involved.  Investigators following up on the lead were able to determine that Mr. McQueen had been involved in disposing of the materials by throwing them into the Missouri river.  Excavating equipment was brought in by the Bureau of Alcohol, Tobacco and Firearms and investigators were able to locate some of the materials.  Investigators believe the bulk of the stolen materials were, in fact, thrown into the river.

The investigation of this matter was conducted by the Bureau of Alcohol, Tobacco and Firearms.

            United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 32 indictments charging 32 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.

*          Gilberto Acero-Garcia, age 38, of Fremont, Nebraska, is charged in a three-count indictment.  Count I of the indictment charges Acero-Garcia with misuse of a Social Security Number on or about December 4, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Counts II and III charge that between on or about January 1, 2010, and up to and including January 16, 2013, and between January 1, 2011, and up to and including January 16, 2013, respectively, Acero-Garcia harbored illegal aliens in the United States for the purpose of commercial advantage and private gain, by employing the illegal aliens at DCS Sanitation Management, Inc.  The maximum possible penalty for each count includes 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  

*          Cory D. Allemang, age 38, of Clearwater, Nebraska, is charged in a three count indictment.  Counts 1 and 2 of the indictment charge that on or about December 13, 2011, and between on or about November 2, 2011, and on or about January 6, 2012; respectively, Allemang sold approximately 300 pounds of sausages and approximately 400 pounds of beef jerky, by representing that the meat products had been inspected by the United States Department of Agriculture (USDA), when in fact, the meat products had not been inspected or passed by the USDA.  The maximum penalty for each of these counts include imprisonment of 3 years, a fine of $250,000, 1 year supervised release, and a special assessment of $100.  Count 3 of the indictment charges that on or about February 3, 2012, Allemang represented that various deer meat products had been inspected and passed by USDA, when in fact, the deer meat products had not been inspected or passed by USDA.  The maximum penalty for this count includes imprisonment of 1 year, a fine of $100,000, 1 year supervised release, and a special assessment of $100.

*          Jossue Gabriel Alva-Perez, age 19, of LaVista, is charged in the first count of an indictment with production of child pornography on or about January 3, 2013.  The maximum possible penalty for this count includes imprisonment of not less than 15 years or more than 30 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment.  Count II charges Alva-Perez with receipt and distribution of child pornography from on or about October 18, 2012, and continuing through January 8, 2013.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Alva-Perez is charged in Count III with possession of child pornography from on or about January 14, 2013.  The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. 

*          Margarito Banuelos-Muro, age 38, of Mitchell, Nebraska, is charged with illegal reentry into the United States on or about December 12, 2012, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Alex M. Castro-Funes, age 24, is charged with distributing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about October 15, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Mayra Cortes-Flores, age 31, of Omaha, is charged in a two-count indictment.  Count I of the indictment charges Cortes-Flores with misuse of a Social Security Number on or about August 31, 2010.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II charges that on or about August 31, 2010, Cortes-Flores misused a Social Security Card and a Nebraska Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Arnoldo Agustin Escarsega Mendez, age 25, of Omaha, is charged with illegal reentry into the United States on or about January 9, 2013, following deportation as a felon.  The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Daniel Galindo, age 18, is charged in a two count indictment. The Indictment alleges that on or about October 29, and November 7, 2012, the defendant distributed 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Victor Garcia-Ochoa, age 32, also known as Eduardo Najera-Gonzalez, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about December 12, 2012, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Edgar Faustino Gonzalez-Garcia, age 25, is charged with illegal reentry into the United States on or about January 14, 2013, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          William G. Hallowell, age 27, of Walthill, Nebraska, is charged in a one-count indictment.  Count I alleges that on or about July 7, 2012, Hallowell broke into a residence in Walthill, Nebraska, within the Omaha Indian Reservation, with the intent to steal electronic equipment and other property.  The maximum penalty includes imprisonment of 10 years, a fine of $250,000, 3 years supervised release, and a special assessment of $100. 

*          Marquis Harrington, age 44, of Omaha, is charged with one count of mail fraud from on or about February 1, 2008.  The indictment alleges Harrington fraudulently obtained housing assistance from the Douglas County Housing Authority by submitting an application that intentionally misrepresented the number of children living with him, his income, and his place of residence.  The maximum possible penalty for this count includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count II of the indictment charges that on or about February 29, 2008, Harrington made a false statement to HUD.  Harrington made a false statement for the purpose of obtaining a loan and advance of credit from JP Morgan Chase Bank, with the intent that this loan and advance be offered and accepted by HUD for insurance.  The maximum possible penalty for this count includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.  

*         Jose Hernandez-Leon, age 24, of Columbus, Nebraska, is charged with illegal reentry into the United States on or about December 13, 2012, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Andres Hernandez-Martinez, is charged in a three-count indictment.  Count I of the indictment charges Hernandez-Martinez with misuse of a Social Security Number on or about October 3, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about October 3, 2012, Hernandez-Martinez made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about October 3, 2012, Hernandez-Martinez misused a Social Security Card and a State of Texas Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Victor Ibanez-Barragan, age 33, of Omaha, is charged in a two-count indictment.  Count I of the indictment charges Ibanez-Barragan with misuse of a Social Security Number on or about June 28, 2011.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II charges that on or about June 28, 2011, Ibanez-Barragan misused a Social Security Card knowing that said document was not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Juan Jimenez-Ruiz, age 27, is charged in a three-count indictment.  Count I of the indictment charges Jimenez-Ruiz with misuse of a Social Security Number on or about August 2, 2009.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about August 2, 2009, Jimenez-Ruiz made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about August 2, 2009, Jimenez-Ruiz misused a Social Security Card and a State of Kansas Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Luis Jordan, age 36, of Grand Island, is charged in a three count indictment. Counts I and II allege the defendant distributed 5 grams or more of actual methamphetamine on or about November 4, and November 8, 2011. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count III alleges that on or about October 20, 2012, the defendant possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. 

*          Ryan Keiter, age 25, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about October 24, 2008, and continuing to on or about April 13, 2012.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Keiter is charged in Count II with possession of child pornography from on or about April 13, 2012.  The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.  The indictment also alleges that property used or intended to be used as part of these violations should be forfeited to the United States.

*          Christopher Lewis, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about November 5, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million 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, including but not limited to $848.00 in United States currency seized from the defendant on November 5, 2012, should be forfeited to the United States.

*          Carlos Linares-Valmores, age 27, is charged in a four-count indictment.  Count I of the indictment charges Linares-Valmores with misuse of a Social Security Number on or about August 9, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about August 9, 2012, Linares-Valmores made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about August 9, 2012, Linares-Valmores misused a Social Security Card and a State of Iowa Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count IV of the indictment charges Linares-Valmores with illegal reentry into the United States on or about January 17, 2013, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Juan Luna-Ochoa, age 32, of Omaha, is charged with illegal reentry into the United States on or about December 14, 2012, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Darrin L. Mallatt, age 30, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about October 8, 2008, and continuing to on or about December 3, 2012.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Mallatt is charged in Count II with possession of child pornography from on or about December 3, 2012.   The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. 

*          Omar Manuel-Marcial, age 24, of Omaha, is charged with illegal reentry into the United States on or about January 1, 2013, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Rolando Mejia-Mendez, age 25, of Wakefield, Nebraska, is charged with illegal reentry into the United States on or about November 7, 2012, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Ismael Pena-Velazquez, age 35, of Omaha, is charged with illegal reentry into the United States on or about December 14, 2012, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Nick Reams, age 55, of St Paul, Nebraska, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about August 24, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Ricardo Reyes, age 33, of Omaha, is charged in the first count of an indictment with receipt and distribution of child pornography from on or about October 11, 2012, and continuing through January 15, 2013.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Reyes is charged in Count II with possession of child pornography from on or before January 13, 2013.  The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. 

*          Jose Roman-Felix, age 27, of Omaha, is charged with illegal reentry into the United States on or about January 4, 2013, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Valentin Ruiz-Cajiga, age 28, is charged in a three-count indictment.  Count I of the indictment charges Ruiz-Cajiga with misuse of a Social Security Number on or about September 6, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about September 6, 2012, Ruiz-Cajiga made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about September 6, 2012, Ruiz-Cajiga misused a Social Security Card and a State of Colorado Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Santiago J. Tijerina, also known as Jimmy Ostos or Samuel Jimmy Ostos, of Lexington, Nebraska, is charged with failure to register as a Sex Offender in the State of Nebraska from between April, 2012, and December 22, 2012.  The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, a term of supervised release for life, and a special assessment of $100.           

*          Todd Tingelhoff, age 46, of Omaha, is charged with possession with intent to distribute 50 grams or more of actual methamphetamine on or about December 27, 2012. The maximum possible penalty includes imprisonment of not less than 10 years and up to life years, a $10 million 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, including but not limited to $800.00 in United States currency seized from the defendant’s wallet and $7,705.00 in United States currency seized from a lockbox in the defendant’s vehicle, should be forfeited to the United States.

*          Juan Torres-Martinez, age 36, is charged in a three-count indictment.  Count I of the indictment charges Torres-Martinez with misuse of a Social Security Number on or about May 12, 2009.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about May 12, 2009, Torres-Martinez made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about May 12, 2009, Torres-Martinez misused a Social Security Card and a State of Kansas Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

            United States Attorney Deborah R. Gilg and Tanya T. Brewer, Acting Special Agent in Charge of IRS Criminal Investigation, announced that four Nebraskans were indicted for structuring financial transactions in an effort to defeat legal reporting requirements imposed on financial institutions.  “Structuring” refers to the manipulation of cash transactions for the purpose of preventing a financial institution from filing certain reports.  For example, federal law requires financial institutions, credit unions, casinos and money service businesses to file a Currency Transaction Report with the Internal Revenue Service whenever a person deposits more than $10,000.00 in cash. The purpose of the law prohibiting structured deposits is to help identify suspicious cash transactions that might be indicative of other criminal activity.  A person engaged in structuring might break up a cache of currency in excess of $10,000.00 into multiple deposits for the purpose of keeping the institution from filing the required report.  The four individuals indicted by the Grand Jury, in separate and unrelated cases, are as follows:

Peter V. Bristol, age 51 of Omaha, is charged in a 13-count indictment.  In Counts 1 through 12 it is alleged that on various dates from on or about May 8, 2009, through on or about April 24, 2011, Bristol structured financial transactions to evade reporting requirements when he made deposits in the amount of approximately $131,504.00 to Security National Bank.  Count 13 charges Bristol with structuring financial transactions to evade reporting requirements when he conducted approximately 93 transactions from on or about February 2, 2009, to on or about November 12, 2012, to Security National Bank, in the amount of approximately $878,897.00. 

Randy L. Evans, age 59 of Grand Island, is charged in a 15-count indictment.  In Counts 1 through 14 it is alleged that on various dates from on or about March 29, 2010, through on or about December 27, 2011, Evans structured financial transactions to evade reporting requirements when he made deposits in the amount of approximately $210,381.00 to Five Points Bank.  Count 15 charges Evans with structuring financial transactions to evade reporting requirements when he conducted approximately 449 transactions from on or about January 4, 2010, to on or about February 28, 2012, to Five Points Bank, in the amount of approximately $2,030,322.00. 

Arturo W. Torres, age 35 of Bellevue, is charged in a three-count indictment.  In Counts 1 and 2 it is alleged that on or about January 6, 2011, and February 24, 2011, respectively, Torres structured financial transactions to evade reporting requirements when he made deposits in the amount of approximately $19,360.00 to First National Bank.  Count 3 charges Torres with structuring financial transactions to evade reporting requirements when he conducted approximately 177 transactions from on or about February 6, 2010, to on or about January 31, 2012, to the First National Bank of Omaha, in the amount of approximately $631,289. 00. 

Irma Crispin-Gomez, age 41 of Grand Island, is charged in a 16-count indictment.  In Counts 1 through 15 it is alleged that on various dates from on or about June 27, 2009, through on or about March 19, 2012, Crispin-Gomez structured financial transactions to evade reporting requirements when she made deposits in the amount of approximately $247,800.00 to Five Points Bank.  Count 16 charges Crispin-Gomez with structuring financial transactions to evade reporting requirements when she conducted approximately 423 transactions from on or about January 5, 2009, through on or about March 30, 2012, to Five Points Bank and Wells Fargo Bank, in the amount of approximately $2,082,338.00. 

All the counts in all four indictments are punishable by imprisonment of up to 5 years, a fine of up to $250,000.00, or both, to be followed by up to 3 years of supervised release, and a $100 special assessment. 

“The structuring of currency is an avenue used by individuals and businesses to conceal the true source of their money,” said Tanya T. Brewer, Acting Special Agent in Charge of IRS Criminal Investigation.  “Information from currency reports filed with the IRS provides a paper trail or roadmap for investigations of financial crimes and illegal activities.”

“Financial crimes, especially structuring, are oftentimes a method used to evade payment of taxes lawfully owed to the United States.  We will continue to aggressively pursue these crimes in order to protect the millions of Americans that lawfully comply with our tax laws,” according to United States Attorney Deborah R. Gilg

An indictment is merely an accusation and the defendants are presumed innocent until and unless proven guilty.

            United States Attorney Deborah R. Gilg announced that Kimberly A. Bivens, age 46, was sentenced today in Omaha by Chief United States District Judge Laurie Smith Camp to 37 months in federal prison followed by 3 years of supervised release.  Ms. Bivens had previously pled guilty to one count of conspiracy to use facilities in interstate commerce to promote a business enterprise involving prostitution and to persuade an individual to travel in interstate commerce to engage in prostitution. 

Kimberly Bivens managed or owned three spa locations during 2009 to October 24, 2011, in Omaha, Nebraska.  She placed advertisements for each of the three spas on the internet.  Each of the spas was, in fact, a front for prostitution. The majority of customers received sex acts from the workers, rather than legitimate spa services, in exchange for money. Some customers traveled to the spas from Iowa and from other states to obtain sex acts for money.

There were five or more participants operating and managing these three spa locations.  During the time when Kimberly Bivens managed or owned these three spa locations, there were more than twenty workers providing commercial sex acts.              

The investigation of this matter was conducted by the Federal Bureau of Investigation and the Omaha Police Department.

United States Attorney Deborah R. Gilg announced that Crystal Lankford was sentenced today by United States District Judge John M. Gerrard to 45 months in federal prison followed by 5 years of supervised release.  Lankford was also ordered to make restitution in the amount of $635,998.56.  In September, Crystal Lankford pled guilty to Embezzlement from a Federally Insured Credit Union.

Crystal Lankford was the sole employee, Manager and Treasurer of the H.B.E. Credit Union in Seward, Nebraska.  From at least April 12, 2006, to September 20, 2011, Lankford began to write checks, drawn on the operating account of HBE at Union Bank and Trust, to herself and her husband, Steve Lankford without the approval or authorization of HBE Credit Union or its officers.  The funds from the account represented the moneys, funds and credits of HBE.  Lankford then deposited the money fraudulently obtained from the checks into her own checking account.  Crystal Lankford continued to take money out the Credit Union in this unauthorized manner until October of 2011, when she quit the Credit Union.  Records revealed that she knew that the HBE account at Union Bank had practically a zero balance at the time she quit. In all, she stole $635,998.56 from the Credit Union. The accounts and monies of the HBE Credit Union were insured by the National Credit Union Administration.

The investigation of this matter was conducted by the Nebraska State Patrol and Federal Bureau of Investigation.

United States Attorney Deborah R. Gilg announced that Jason Bielicki was sentenced today by United States District Judge John M. Gerrard to 84 months in federal prison followed by 5 years of supervised release after entering a guilty plea to one count of Receipt and Distribution of Child Pornography.

Beginning in July, 2011, and continuing into September, 2011, an investigator with the North Platte Police Department used automated software to determine that a computer utilizing a specific IP address was sharing child pornography through the Internet.  A search warrant was obtained for the search of the residence of Bielicki in North Platte.  During an interview, Bielicki initially said that he was downloading items to report to others but then admitted to viewing, possessing, and sharing images and videos of child pornography.

A forensic examination of the computers and related storage media revealed over 110 GB of items that were believed to be child pornography and child erotica.  Over 2,100 items were sent to the National Center for Missing and Exploited Children for identification. NCMEC identified victims in 96 videos and 105 digital images to be from outside the State of Nebraska.  The material found included videos and digital images of graphic sexually explicit conduct and prepubescent minors engaged in sexually explicit conduct.  Some of the images were received by the defendant from at least on or about June 1, 2011, to October 31, 2011.  In addition, Bielicki indicated to agents during the interview that he was a moderator for at least one bulletin board website that allowed individuals to upload images and videos of sexually explicit conduct, including child pornography.

The investigation of this matter was conducted by the North Platte Police Department and the Department of Homeland Security, Homeland Security Investigations.

United States Attorney Deborah R. Gilg announced that on January 7, 2013, Tiffany Lynn Lafond, 37, of Lincoln, was sentenced to ten years (120 months) in federal prison for her involvement in a conspiracy to distribute and possess with intent to distribute methamphetamine between June of 2010 and March of 2012.  Information provided to law enforcement indicated that  Lafond was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine during that time frame in the Lincoln area.

Following the prison term, Lafond will serve five years on supervised release.

The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.

United States Attorney Deborah R. Gilg announced that on January 7, 2013, Ledon Marcel Hatcliff, 27, of Lincoln, was sentenced to 15 years and eight months (188 months) in federal prison for his involvement in a conspiracy to distribute and possess with intent to distribute methamphetamine between June of 2009 and February of 2011.  Information provided to law enforcement indicated that  Hatcliff was responsible for the distribution of at least 350 grams (approximately 12 ½ ounces) of methamphetamine during that time frame in the Lincoln area.

Following the prison term, Hatcliff will serve four years on supervised release.

The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.

United States Attorney Deborah R. Gilg announced that Steven D. Fonder, age 33 of Omaha, was sentenced in United States District Court in Omaha for receiving and possessing child pornography.  The Honorable Laurie Smith Camp, Chief Judge sentenced Fonder to 84 months imprisonment on Count I for receiving and distributing child pornography and 84 months on Count II for possessing child pornography.  The sentences were ordered to run concurrently to each other. There is no parole in the federal system.  After his release from prison Fonder will be on supervised release for ten years and will be required to register as a sex offender.

On September 13, 2011 an Investigator with the Nebraska State Patrol was conducting an undercover investigation looking for individuals sharing child pornography on the internet.  The information developed through the investigation was used to obtain a federal search warrant.

On April 4, 2012 agents with the FBI Omaha Cyber Crimes Task Force served a search warrant on Fonder’s South Omaha residence.  Forensic analysis of the computer revealed 1,250 videos and 40,000 images of child pornography.  The children depicted in sexually explicit conduct ranged from infants to teens.  Fonder admitted to collecting child pornography over a six year period.

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 matter was investigated by the Omaha FBI’s Cyber Crime Task Force (CCTF), of which the Nebraska State Patrol is a partner.  The Omaha CCTF is a multi-jurisdictional task force consisting of eleven federal, state and local law enforcement agencies from Nebraska and Iowa.  The mission of the Omaha CCTF is to investigate and apprehend high technology criminals and to protect our communities by preventing high technology crime and national security threats involving computers and computer networks.  The Omaha CCTF was established on the premise that the capabilities of law enforcement agencies to investigate computer and high technology related crimes are enhanced in a task force setting involving the sharing of resources and expertise.