Northern District of Iowa
Press releases recorded for this federal judicial district.
Dubuque Woman Pleads Guilty to Distributing HeroinRead the Press Release
A woman who distributed a fatal dose of methadone pled guilty on August 6, 2018, in federal court in Cedar Rapids.
Brianna Marie Martin, age 24, from Dubuque, Iowa, was convicted of one count of distribution of heroin.
Prior court documents reflect that on July 19, 2016, the Dubuque Drug Task Force investigated the death of an individual who had obtained heroin by using Martin as a connection to a heroin dealer. At the plea hearing, Martin admitted she had facilitated the heroin transaction. An autopsy determined that this individual died as a result of mixed drug toxicity involving methamphetamine and heroin. On July 28, 2016, the Dubuque Drug Task Force utilized a confidential source to arrange a controlled buy of heroin through Martin from the same drug dealer. At the plea hearing, Martin admitted that, during the July 28 controlled buy, she distributed heroin to the confidential source.
Martin also admitted that in July 2015, she was participating in a drug treatment program in Galena, Illinois. As a part of that program, she obtained a “take home” dose of methadone on a Saturday, for use on Sunday when the methadone clinic was closed. Martin admitted she would sometimes sell her “take home” dose of methadone to others. She admitted that on July 12, 2015, she distributed her “take home” dose to other individuals. On July 13, 2015, one of those individuals was found unresponsive and later pronounced dead. An autopsy determined that this individual died of complications of acute methadone intoxication.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Martin was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Martin faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and up to a lifetime term of supervised release following any imprisonment.
The case was investigated by the Dubuque Drug Task Force is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1021-LTS.
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Illegal Alien Sentenced to Prison for Document FraudRead the Press Release
A Guatemalan man who used false identification documents to obtain a job was sentenced today to six months in federal prison.
Jose Corio-Raymundo, age 40, a citizen of Guatemala illegally present in the United States, received the prison term after a June 5, 2018, jury verdict finding him guilty of one count of unlawful use of an identification document and one count of misuse of a social security number.
The evidence at trial showed that Corio-Raymundo used a fraudulent Social Security card bearing the social security number assigned to a United States citizen, and a fraudulent State of Iowa identification card when he completed an employment form on October 2, 2013, at a business in Cedar Rapids, Iowa. Corio-Raymundo also used the social security number of the United States citizen on state and federal tax forms. On the employment form, Corio-Raymundo falsely claimed to be a United States citizen. The investigation began when the Iowa Department of Transportation noticed that Corio-Raymundo was trying to register vehicles under a second social security number. Their investigation disclosed that Corio-Raymundo used the social security number to title vehicles, when he was arrested by police on traffic violations, and when he obtained employment at four businesses in Cedar Rapids.
Corio-Raymundo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Corio-Raymundo was sentenced to six months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Corio-Raymundo is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations and the Iowa Department of Transportation, Bureau of Investigation and Identity Protection.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-08-LRR.
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Guatemalan Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced today to more than two months in federal prison.
Abner Velasquez-Garcia, age 28, a citizen of Guatemala illegally present in the United States and residing in Cedar Falls, Iowa, received the prison term after a guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Velasquez-Garcia admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.
The facts show that when Velasquez-Garcia applied for admission into the United States at the Arizona border on June 4, 2015, he provided a fraudulent Arizona driver’s license with a false name and date of birth. After questioning, Velasquez-Garcia gave immigration officials a different name and date of birth. Eventually, on June 6, 2015, Velasquez-Garcia admitted his true name and date of birth. Velasquez-Garcia was deported to Guatemala on January 18, 2016. On May 14, 2018, Velasquez-Garcia was found by immigration officers along with five other illegal aliens after their car was stopped in Cedar Falls for traffic violations.
Velasquez-Garcia was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Velasquez-Garcia was sentenced to 75 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Velasquez-Garcia is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2029-LRR.
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Cedar Rapids Man Pleads Guilty to Methamphetamine Distribution and Illegally Possessing a HandgunRead the Press Release
A methamphetamine dealer who fired his gun at a Cedar Rapids gas station pled guilty on August 1, 2018, in federal court in Cedar Rapids.
Jerry Dean Love, age 39, of Cedar Rapids, Iowa, was convicted of distribution of methamphetamine and possession of a firearm by a felon.
In a plea agreement, Love admitted that on October 26, 2016, he sold an ounce of ice methamphetamine at his house in Cedar Rapids to an undercover police informant. On February 6, 2017, Love drove to the Guppy’s on the Go on Edgewood Road NW in Cedar Rapids while carrying a .45 caliber pistol. Love got out of his truck, approached the store, and fired his pistol into the street. Love was a convicted felon and prohibited from possessing guns.
Love then drove to Casey’s General Store on 33rd Avenue SW. Approximately one hour after Love fired his pistol, police officers spotted him in his truck at Casey’s and repeatedly ordered him to get out of the truck. Love stayed in his truck for over ten minutes. Officers then broke Love’s truck windows and sent a dog into the truck to get Love to leave the truck.
During Love’s arrest, officers found 19.2 grams of pure methamphetamine and $360 in cash on him. In his plea agreement, Love admitted he intended to distribute part of the methamphetamine. Officers also searched Love’s truck and found the .45 caliber pistol, a loaded .45 caliber magazine, a methamphetamine pipe, and 11 additional .45 caliber cartridges.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Love remains in custody of the United States Marshal and will remain in custody pending sentencing. He faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, an $8,250,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Justin A. Lightfoot and Patrick J. Reinert and Special Assistant United States Attorney Drew O. Inman and was investigated by the Cedar Rapids Police Department, Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, Linn County Sheriff’s Office, Marion Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was brought as part of Project Safe Neighborhoods (“PSN”), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-12-LRR.
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Local Assistant United States Attorney Promoted to Lieutenant Colonel in Iowa Air National GuardRead the Press Release
On July 18, 2018, Assistant United States Attorney Tony Morfitt of the U.S. Attorney’s Office in the Northern District of Iowa, was confirmed to be promoted to the rank of Lieutenant Colonel in the Air Force and Iowa Air National Guard.
Lieutenant Colonel Morfitt currently serves as the Staff Judge Advocate for the 132d Wing, Iowa Air National Guard, in Des Moines, Iowa. The 132d Wing trains, deploys, executes, and sustains operations in missions supporting the Nation, State, and Community. The unit’s current missions include remotely piloted aircraft, cyber, and intelligence, surveillance, and reconnaissance missions.
“The Northern District of Iowa United States Attorney's Office is very proud of Lieutenant Colonel Morfitt,” United States Attorney Peter Deegan stated. “As an AUSA and a member of the military, he has served his country with honor and distinction. My office is committed to supporting not only Lieutenant Colonel Morfitt in his continuing military service, but ensuring that all members of the National Guard and Reserves in this district are supported and protected under the Uniformed Services Employment and Reemployment Rights Act.”
Prior to joining the 132d Wing, Lieutenant Colonel Morfitt was on active duty for over four years and was a member of the Air Force Reserves. During his career, he has been stationed in Illinois, Colorado, Kansas, and Iowa. He also completed a one-year remote tour of duty at Osan Air Base in South Korea.
In his civilian capacity, AUSA Morfitt has prosecuted a variety of federal criminal cases since joining the U.S. Attorney’s Office in 2010. During that time, he prosecuted two cases arising out of three murders that happened within six weeks, for which he won an Executive Office for U.S. Attorneys Director’s Award in 2007. In 2016, AUSA Morfitt successfully prosecuted Randy Metcalf, who was convicted by a jury of a racially motivated assault in Dubuque. Metcalf ultimately received the statutory maximum sentence of ten years in prison for committing a hate crime.
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Last of Nine Defendants in Extensive Methamphetamine Trafficking Conspiracy Pleads GuiltyRead the Press Release
A Dubuque man who trafficked pounds of ice methamphetamine pled guilty today in federal court in Cedar Rapids. Samuel Oliver Taylor, III, age 41, of Dubuque, Iowa, was convicted of conspiracy to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
Taylor was the last of nine defendants charged in the same criminal case convicted for their involvement in a conspiracy to distribute methamphetamine throughout Dubuque. On January 24, 2018, Melissa Marie Petesch, age 30, of Dubuque, was convicted of conspiracy to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering. On March 8, 2018, Jose Juan Ceja, age 25, of Bell Gardens, California, and Michael Scott Boen, II, age 26, of Petosi, Wisconsin, were convicted of conspiracy to distribute methamphetamine. On May 21, 2018, Joshua Allen Carter, age 33, of Dubuque, was convicted of conspiracy to distribute methamphetamine. On May 30, 2018, Keith Richard Ellis, age 35, of Dubuque, and Martel Elliot Fountain, Sr., age 28, of Dubuque, were convicted of conspiracy to distribute methamphetamine. On August 1, 2018, Mauricio Eduardo Bayardo Chan, age 20, from Mexico, was convicted of conspiracy to distribute methamphetamine and conspiracy to commit money laundering. On August 2, 2018, Brenda Lynn Harker, age 40, of Dubuque, was convicted of conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
The defendants’ plea agreements and evidence at previous court hearings establish that in February 2017, Taylor met Bayardo Chan in a hotel in Cedar Rapids, where Taylor purchased multiple ounces of ice methamphetamine from Bayardo Chan. After this meeting, Bayardo Chan personally delivered several more ounces of ice methamphetamine to Taylor. At the time, Taylor was living with Petesch in Petesch’s house on North Main Street in Dubuque.
Sometime in June 2017, Bayardo Chan met Taylor again and proposed that Bayardo Chan arrange for larger shipments of ice methamphetamine to be mailed to Taylor’s house. Taylor agreed and Bayardo Chan directed Taylor to pay for some of the shipments by wiring money through Western Union. Bayardo Chan instructed Taylor to wire the money to various people with addresses in Sinaloa, Mexico. Taylor had Harker, Petesch, and others wire thousands of dollars in drug proceeds on his behalf to Mexico.
From June 2017 until November 2017, Bayardo Chan mailed pounds of ice methamphetamine in several packages to Taylor’s house, where Taylor sold the methamphetamine to various dealers and users throughout Dubuque. Petesch assisted Taylor in selling the methamphetamine from her house. Taylor sold ounces of methamphetamine at a time to Boen, Carter, Ellis, Fountain, and Harker, which they would then redistribute. Periodically, Bayardo Chan and Ceja would meet Taylor at his residence to collect payments for the methamphetamine shipments.
On August 17, 2017, police investigators executed a search warrant at Carter’s house in Dubuque. Inside Carter’s residence, investigators found $4,743 in cash from his methamphetamine sales. Investigators also found approximately six ounces of ice methamphetamine that Carter was planning to sell.
On November 10, 2017, police investigators executed a search warrant on Petesch’s house. Investigators found $14,399 in cash from Taylor’s methamphetamine sales and two handguns that Taylor and Petesch were using to protect their methamphetamine proceeds. Further, investigators found Taylor standing outside of a bathroom where they discovered methamphetamine dissolving in the toilet bowl. Ultimately, investigators recovered over two ounces of ice methamphetamine from Petesch’s house.
On February 1, 2018, Ceja was arrested at the San Ysidro Port of Entry border crossing between San Diego, California, and Tijuana, Mexico. On March 20, 2018, Bayardo Chan was arrested in downtown New York City.
Taylor’s sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Taylor and all other defendants remain in custody of the United States Marshal pending sentencing. Taylor faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,750,000 fine, and at least 5 years’ supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program of the United States Department of Justice, through a cooperative effort of the Federal Bureau of Investigation, Dubuque Drug Task Force, Iowa Division of Narcotics Enforcement, Dubuque Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1002-LTS.
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Cedar Rapids Man Charged with Sexual Exploitation of a Child, Possession of Child Pornography, and ExtortionRead the Press Release
John Hunt, age 34, of Cedar Rapids, Iowa, has been charged with sexual exploitation of a child, possession of child pornography, and extortion. The charges are contained in an Indictment filed on July 26, 2018, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2015 and 2017, Hunt produced sexual depictions of a child, possessed child pornography on four different devices, and sent communications containing threats to distribute sexually explicit depictions.
If convicted, Hunt faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 112 years’ imprisonment, a $1,500,000 fine, $25,600 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Hunt appeared on August 1, 2018 in federal court in Cedar Rapids for a detention hearing and was held without bond. Hunt’s next appearance for trial is set for October 1, 2018.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Cedar Rapids Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 18-69.
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Sioux City Area Drug Distributors Sentenced to Federal PrisonRead the Press Release
Five men and three women who conspired to distribute methamphetamine in the Sioux City area were sentenced to prison terms ranging from 84 to 204 months following guilty pleas entered over the past year.
Justin Wilde, age 39, of Sioux City, received his prison term after an August 1, 2017, guilty plea; Eduardo Ledesma, age 24, of South Sioux City, Nebraska, received his prison term after an August 23, 2017, guilty plea; Ruben Rios, age 22, of South Sioux City, received his prison term after a September 8, 2017, guilty plea; Adam Doty, age 29, of Sioux City, received his prison term after a September 15, 2017, guilty plea; Stormie Blank, age 33, of South Sioux City, received her prison term after an October 25, 2017, guilty plea; Joanna Gotschall, age 40, of South Sioux City, received her prison term after a November 16, 2017, guilty plea; Melanie Thiebault age 46, and Matthew Ruhland, age 36, both of Sioux City, each received their prison term after their January 19, 2018, guilty pleas. Wilde, Ledesma, Rios, Doty, Blank, Gotschall, Thiebault and Ruhland each pled guilty to conspiracy to distribute methamphetamine.
Information provided by the United States at the sentencings and change of plea hearings showed Rios and Ledesma were multiple pound sources of supply of methamphetamine, cocaine, and marijuana in the area of Sioux City, Iowa and South Sioux City, Nebraska, as well as South Dakota. Ledesma and Rios resided together in the Rios family home in South Sioux City, Nebraska. Ledesma and Rios were leaders of their drug dealing operation, which began in 2014. Many of the drug transactions were initiated from the Rios residence. Evidence gathered by law enforcement and described in the sentencing hearings showed that Rios and Ledesma were also trafficking weapons. During a search of the Rios home, officers discovered a loaded assault rifle, marijuana, methamphetamine, nearly a pound of cocaine, and approximately $150,000 in two different safes. $50,000 of this money was to purchase more drugs, while the remaining money was profit from the drug conspiracy. Ledesma was selling over $25,000 worth of methamphetamine and cocaine each month for more than a year. Wilde was an ounce dealer of methamphetamine and Rios was his primary drug source. Wilde purchased half ounce, one ounce, and two ounce quantities of methamphetamine at a time from Rios at least once per week . At the time of her arrest Thibeault identified Ledesma as her drug source. Thibeault purchased one ounce quantities of methamphetamine from Ledesma at least 10 times. Gotschall was receiving one ounce to one-half pound of methamphetamine daily from Rios and reselling the methamphetamine for $1,000 to $1,300 per ounce. Ruhland and Doty were methamphetamine dealers in the Sioux City, Iowa and were supplied by Ledesma and Rios. Ruhland and Doty were receiving and re-selling multiple ounce quantities of methamphetamine. Blank received ounce quantities of methamphetamine and broke it down to re-sell to others. Rios was Blanks’ methamphetamine supplier.
Wilde was sentenced on January 31, 2018, to 120 months imprisonment; Doty was sentenced on April 27, 2018, to 91 months imprisonment; Blank was sentenced on May 3, 2018, to 90 months imprisonment; Gotschall was sentenced on June 14, 2018, to 120 months imprisonment; Ruhland was sentenced on June 22, 2018, to 84 months imprisonment; Rios and Thibeault were sentenced on June 25, 2018, Rios to 204 months imprisonment and Thibeault to 96 months imprisonment; and Ledesma was sentenced on July 23, 2018, to 180 months imprisonment. Each were sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand. Wilde, Gotschall, Rios and Ledesma must also each serve a 5-year term of supervised release after the prison term and Doty, Blank, Ruhland and Thibeault must also each serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Wilde, Ledesma, Rios, Doty, Blank, Gotschall, Thibeault, and Ruhland, were each ordered to pay a $100 special assessment.
Wilde, Ledesma, Rios, Doty, Blank, Goschall, Thibeault and Ruhland are each being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4031.
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Man Sentenced to over Twenty-Seven Years in Federal Prison for Heroin DistributionRead the Press Release
A man who was involved in heroin distribution was sentenced on July 25, 2018, to more than 27 years in federal prison.
Donald Johnson also known as “Scony”, age 52, most recently from Cedar Rapids, and originally from Chicago, Illinois, received the prison term after a March 12, 2018, guilty plea to a three-count Information charging two counts of distribution of heroin causing serious bodily injury, and one count of distribution of heroin causing death. Johnson’s has been selling heroin in and around Cedar Rapids since at least 2015. Johnson received gram quantities of heroin, and broke them into smaller quantities for resale purposes. Johnson was fronted the drugs for resale on multiple occasions and had more than one supplier of heroin during his drug dealing activities. Johnson’s heroin distribution resulted in two victims suffering overdoses. Both received attention from emergency responders and were transported to the hospital where they each were revived by medical personnel. One of these victims later died from a second overdose after Johnson sold her drugs.
Johnson was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He was sentenced to 325 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Johnson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Cedar Rapids Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation and the Drug Enforcement Administration Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-cr-97.
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Mexican Man Sentenced to Prison for Illegally Reentering the United States after Two Prior DeportationsRead the Press Release
A Mexican man who illegally returned to the United States after being deported following a conviction for a drug felony offense was sentenced July 23, 2018, to 27 months in federal prison.
Leonides Osornio-Torres, age 45, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a May 7, 2018, guilty plea to one count of illegal reentry into the United States after having been convicted of an aggravated felony offense.
At the guilty plea, Osornio-Torres admitted he had previously been deported from the United States on July 22, 2011, and again on November 6, 2016. He then illegally reentered the United States without the permission of the United States government. Osornio-Torres was previously convicted on January 31, 2003, in the United States District Court for the Northern District of Iowa of distribution of approximately 5.5 pounds of pure methamphetamine and sentenced to 135 months’ imprisonment. On February 23, 2018, Osornio-Torres was arrested in Black Hawk County for providing false identification information and public intoxication and was turned over to ICE on March 16, 2018.
Osornio-Torres was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Osornio-Torres was sentenced to 27 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Osornio-Torres is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2013-LRR.
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Mexican Man Sentenced to Prison Following Deportation and Document FraudRead the Press Release
A Mexican man who had been deported, illegally returned to the United States, and then used false identification documents to obtain a job was sentenced July 23, 2018, to 27 months in federal prison.
Pablo Rosales-Aquino, age 37, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after an April 19, 2018, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States.
At the guilty plea, Rosales-Aquino admitted he had previously been deported from the United States on April 15, 2009, and that he illegally reentered the United States without the permission of the United States government. Rosales-Aquino was also given voluntary returns to Mexico seven times between March 1998 and January 2000. Rosales-Aquino also admitted that on December 5, 2017, he used a fraudulent social security card and a fraudulent Green card when completing employment forms to obtain a job in Cedar Falls, Iowa. The social security account number on the card used by Rosales-Aquino belonged to a United States citizen. The account number on the Green card belonged to another person.
Rosales-Aquino has prior convictions for operating a motor vehicle while intoxicated in Allamakee County in 2004, in Clayton County in 2005, and in Black Hawk County in 2007. On February 1, 2018, Rosales-Aquino was arrested in Black Hawk County for driving without a license. On March 2, 2018, immigration agents arrested Rosales-Aquino at his place of employment in Cedar Falls.
Rosales-Aquino was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Rosales-Aquino was sentenced to 27 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Rosales-Aquino is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
ourt file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2010-LRR.
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Guatemalan Man Sentenced to Prison for Illegally Returning to the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced July 23, 2018, to over 2 months in federal prison.
Natanael Misrain Gomez-Tuy, age 29, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 31, 2018 guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Gomez-Tuy admitted he had previously been deported from the United States on October 8, 2009. He then illegally reentered the United States without the permission of the United States government. On May 4, 2018, defendant was arrested by ICE following a traffic stop in Cedar Rapids.
Gomez-Tuy was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Gomez-Tuy was sentenced to 70 days’ imprisonment. He must also serve a 1-year term of supervised release after the prison term. There is no parole in the federal system.
Gomez-Tuy is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-49-LRR.
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U.S. Attorney’s Office for the Northern District of Iowa Hosts Roundtable Discussion with More Than 20 Community Organizations on Combatting Sexual Harassment in HousingRead the Press Release
SIOUX CITY, IA – The U.S. Attorney’s Office for the Northern District if Iowa and the Justice Department’s Civil Rights Division hosted a roundtable today for community organizations to discuss the problem of sexual harassment in housing, United States Attorney Pete Deegan announced.
“Sexual harassment in housing is often underreported, but it is an egregious violation of a person’s right to fair housing,” Deegan said. “Through this roundtable, we hope to increase awareness of this problem and ensure there are resources available for victims of harassment. No one should have to fear being harassed or assaulted by unscrupulous landlords or superintendents who abuse the power they have over tenants.”
The roundtable included representatives from over 20 different community organizations, including the Iowa Civil Rights Commission, Iowa Legal Aid, Sioux City Human Rights Commission, Iowa Attorney General’s Office, Sioux City Housing Authority, Siouxland Community Foundation, National Association of Social Workers, Sioux City Veterans Affairs, HUD-VA Supportive Housing, Goosmann Law Firm, Briar Cliff University, Western Iowa Tech Community College, Siouxland CARES, Sioux City BOOST, Emerging Women, Disability Resource Center of Siouxland, Hope Haven, Institute for Community Alliances, Sanford Center, Warming Shelter, Foodbank of Siouxland, Goodwill of the Great Plains, Siouxland District Health, and Mary J. Treglia Community House. These organizations were invited because they often work with vulnerable populations who are most likely to become victims of sexual harassment in housing.
The Department of Justice, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing. On April 12, 2018, Attorney General Jeff Sessions announced the nationwide expansion of that initiative and the formation of a joint task force with the Department of Housing and Urban Development to address this issue. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
The United States Attorney’s Office is working closely with the Civil Rights Division to spread the word here in the Northern District of Iowa about options to help victims who experience sexual harassment in housing. Roundtable discussions like the one that U.S. Attorney Pete Deegan hosted today are one way to increase awareness and build strong partnerships in the community to combat this problem together.
Local community organizations, such as local law enforcement, legal aid offices, fair housing organizations, shelters, and transitional housing providers can identify the misconduct and recommend that victims report sexual harassment to the Civil Rights Division. Not only should victims of sexual harassment be aware of the Justice Department’s enforcement efforts, but people or organizations they may tell about the sexual harassment should also know where to refer these victims to report the misconduct. Local police departments or legal aid offices may be able to help victims, if the behavior is a crime or if there is an imminent eviction. In addition, organizations should recommend that the victim report the harassment to the Civil Rights Division and the U.S. Attorney’s Office.
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in housing, and the Fair Housing Act prohibits it. The Justice Department brings cases each year involving egregious conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.
Since January 2017, the Justice Department has filed or settled ten sexual harassment cases and recovered over $1.6 million for victims of sexual harassment in housing. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Division by calling 1-(844) 380-6178 or emailing [email protected].
Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at /media/962046/dl?inline or 600 4th Street, Suite 670, Sioux City, IA 51101.
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Media Advisory: United States Attorney’s Office for the Northern District of Iowa to Host Roundtable Discussion with More Than 20 Community Organizations on Combatting Sexual Harassment in HousingRead the Press Release
SIOUX CITY, IA – The United States Attorney’s Office for the Northern District of Iowa and the Department of Justice’s Civil Rights Division will host a roundtable for community organizations to discuss the problem of sexual harassment in housing. The roundtable is designed to build collaboration among key partners in an effort to identify barriers to reporting sexual harassment in housing and increase awareness of the DOJ’s enforcement efforts. The U.S. Attorney’s Office anticipates the involvement of more than 20 different community organizations.
United States Attorney Peter Deegan will be present and joined by Nancy Langworthy, a Senior Attorney for the DOJ’s Civil Rights Division in Washington, D.C.
Event Details
When: 10:00AM-12:00PM, Friday, July 20, 2018
Where: Sioux City Public Museum, 607 4th Street, Sioux City, IA 51101
This is a “pen and pad” opportunity for the press. Photography permitted. A press release will be provided and interview opportunities will be available.
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Man Sentenced for Unlawful Possession of a Firearm by a Felon and Meth UserRead the Press Release
A felon and unlawful user of methamphetamine who possessed a stolen firearm was sentenced on July 12, 2018, to more than 5 years in federal prison.
Gibbons, 30, from Sanborn, Iowa, received the prison term after an April 17, 2018, guilty plea to possession of a firearm by a felon and unlawful user of a controlled substance. Gibbons had previously been convicted of two felonies out of O’Brien County, Iowa: (2015) possession of methamphetamine, third or subsequent offense, and (2009) deliver or conspire to deliver marijuana.
At a prior proceeding, the government presented evidence that on March 9, 2017, officers observed Gibbons, who was on state parole, driving a vehicle in which his sole passenger was a man suspected of burglarizing a residence and stealing seven firearms. Hours later, officers approached Gibbons and questioned him regarding the suspected burglar. During the questioning, officers observed Gibbons in possession of drug paraphernalia and subsequently informed him that he would be taken into custody. Prior to leaving the residence, Gibbons, who was wearing only a t-shirt and jeans, declined to take his jackets in spite of the cold weather. However, without warning, Gibbons bolted for the jackets, wedged himself in between the jackets and the officer standing nearby, and began fumbling through them. It was during this time that the officer observed what later turned out to be a.45 caliber handgun. The handgun was one of the seven stolen firearms.
Gibbons was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gibbons was sentenced to 63 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Gibbons is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Ajay J. Alexander and was investigated by the Osceola County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Lyon County Sheriff’s Office, O’Brien County Sheriff’s Office, Spencer Police Department, Iowa Division of Criminal Investigations, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4042-LTS.
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Five Men Charged in Connection with Coggon DeathRead the Press Release
Chase Daniel Zerba, age 20, from Coggon, Iowa, Tyler Michael Clemens, age 23, from Alburnett, Iowa, and Cameron Lee Klouda, age 21, from Coggon, Iowa, have each been charged with one count of conspiracy to distribute marijuana and using, carrying, brandishing, and discharging a firearm during a drug trafficking crime. Zerba and Clemens have also been charged with being drug users in possession of a firearm. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
Dillon Craig Beener, age 21, and Kordell Maurice Jones, age 19, both from Cedar Rapids, Iowa, have each been charged with one count of attempted robbery and using, carrying, and brandishing a firearm during a crime of violence. The charges are contained in a Complaint unsealed on July 11, 2018, in United States District Court in Cedar Rapids.
The Complaint alleges that, on February 1, 2017, law enforcement officers responded to an address in Coggon after receiving a 911 call regarding a shooting. When officers arrived, they located an individual deceased in the front yard of the residence. This individual had been shot at close range with a shotgun.
According to the allegations in the Complaint, prior to the shooting, the victim of the shooting along with Beener and Jones, left Cedar Rapids to travel to Coggon. The complaint alleges that their intent was to meet Zerba and rob him of marijuana. The three men brought a .40 caliber Hi-Point pistol with them to use during the robbery. When they arrived at Zerba’s residence, Clemens, Klouda, and Zerba were all seated in a minivan parked in the driveway. Beener approached the minivan and spoke with the three people in it. Beener then returned to his car, and the victim, Beener, and Jones approached the minivan to meet with Zerba, Clemens, and Klouda. The victim was in possession of the firearm and spoke briefly to the occupants of the minivan. He then raised his firearm and demanded that Zerba provide them with the marijuana. Zerba yelled “get it up” and one of the occupants of the minivan fired one round from a shotgun out the passenger side window into the victim’s head.
It is also alleged that during a search of the scene, police located $60 in the victim’s pocket. A .40 caliber Hi-Point pistol was located near his body. The pistol was loaded, with a round in the chamber and the safety off. In the minivan, police located marijuana in a backpack in the left rear seat “stow and go” compartment. The marijuana was packaged in six separate containers and totaled 386.91 grams of marijuana. Police also located multiple jars of marijuana wax in this same backpack.
If convicted on all charges, Zerba, Clemens, and Klouda face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, at least $500,000 in fines, and at least five years of supervised release following any imprisonment. Beener and Jones face a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, and six years of supervised release following any imprisonment.
Jones appeared on July 11, 2018, in federal court in Cedar Rapids and was held without bond pending a preliminary and detention hearing on July 16, 2018. Zerba, Clemens, and Klouda appeared today in federal court in Cedar Rapids and were held without bond pending a detention hearing on July 16, 2018.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Linn County Sheriff’s Office.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-cr-0059 and 18-mj-00237.
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Mexican Man Sentenced to Prison for Returning to the United States Following Six Previous RemovalsRead the Press Release
A Mexican man who illegally returned to the United States after being deported six times previously was sentenced today to four months in federal prison.
Anastacio Zamarripa-Vidales, age 36, a citizen of Mexico illegally present in the United States and residing in Muscatine, Iowa, received the prison term after a May 23, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Zamarripa-Vidales admitted he had previously been deported from the United States on April 11, 2012 and again on September 14, 2012. He then illegally reentered the United States without the permission of the United States government. Zamarripa-Vidales was also given voluntary returns to Mexico four times within one week in September 1998. In addition, on December 19, 2005, Zamarripa-Vidales was ordered to voluntarily depart from the United States but failed to do so. On April 1, 2018, Zamarripa-Vidales was found by immigration officers following an arrest in Benton County for driving while license under suspension and possession of a controlled substance and on an outstanding warrant from 2014 for operating a motor vehicle while intoxicated, second offense. Zamarripa-Vidales was previously convicted in February 2005 in Johnson County, Iowa, of operating a motor vehicle while intoxicated.
Zamarripa-Vidales was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Zamarripa-Vidales was sentenced to four months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Zamarripa-Vidales is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-39-LTS.
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Former DuPont Employee Pleads Guilty to Stealing Trade Secrets and Lying to the FBIRead the Press Release
Josh Harry Isler, age 55, from St. Ansgar, Iowa, pled guilty today in United States District Court in Cedar Rapids to one count of trade secret theft and one count of making a false statement or representation to the Federal Bureau of Investigation.
As part of his guilty plea, Isler admitted that during August 2013, while employed with DuPont, but after having accepted an offer of employment from a competitor, he stole trade secrets of DuPont. In a plea agreement, Isler admitted that after he accepted employment with a competitor of DuPont in the ethanol fuel enzyme business, he transferred hundreds of DuPont’s electronic files to an external device. Isler knew the files he downloaded contained proprietary information and trade secrets of DuPont. Many of the files also related to DuPont customers who were also customers of the competitor or whose business the competitor was seeking. Isler kept the files in his new job and also transferred some to his new employer. Isler also admitted that when he was interviewed by the FBI in November 2013, he falsely denied he had downloaded files containing proprietary information.
Isler faces a maximum combined sentence of 15 years’ imprisonment, a fine of up to $500,000, and eight years of supervised release after any imprisonment. Isler may also be ordered to pay restitution to DuPont.
Isler was released on bond. Sentencing will be set at a later date.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2032-LRR.
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Document Fraud Leads to Federal Prison for Guatemalan BrothersRead the Press Release
Two Guatemalan brothers who share the same name and who each unlawfully used a fraudulent identification document were sentenced today to more than two months apiece in federal prison.
Jacinto Raymundo-Rivera, age 22, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 23, 2018 guilty plea to one count of unlawful use of an identification document. At the guilty plea, Raymundo-Rivera, an illegal alien, admitted that on October 8, 2014, he used a fraudulent Green Card when completing employment forms to get a job in Cedar Rapids. The social security account number and the Green Card number used by Raymundo-Rivera belonged to other people.
Jacinto Raymundo-Rivera, age 28, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 24, 2018 guilty plea to one count of unlawful use of an identification document. At the guilty plea, Raymundo-Rivera, an illegal alien, admitted that on September 21, 2015, he used a fraudulent Green Card when completing employment forms to get a job in Cedar Rapids. The social security account number and the Green Card number used by Raymundo-Rivera belonged to other people.
Both brothers were sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Each brother was sentenced to 77 days imprisonment. Each brother must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Both brothers are being held in the United States Marshal’s custody until they can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-CR-35-LTS and 18-CR-36-LTS.
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Fort Dodge Man Sentenced to Federal PrisonRead the Press Release
A man who possessed firearms while distributing cocaine was sentenced July 3, 2018, to 10 years in federal prison.
Jovon Naylor, 27, from Fort Dodge, Iowa, received the prison term after a January 25, 2018, guilty plea to conspiring to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and illegal possession of a firearm.
At the plea hearing, Naylor admitted to conspiring to distribute cocaine in the Fort Dodge area from 2016 through September 2016. Naylor was involved in a number of controlled purchases of cocaine with law enforcement. Naylor also admitted that when he distributed cocaine he possessed firearms during the drug deals. Drug dealers typically carry firearms for protection of their drugs and drug proceeds. Naylor further admitted to previously being convicted of possession of a firearm or offense weapon by a felon in the Iowa District Court for Webster County on April 13, 2012. Federal law prohibits persons previously convicted of a felony from possessing firearms.
Naylor was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Naylor was sentenced to 120 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Naylor is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The case was prosecuted by Assistant United States Attorney Mikala M. Steenholdt and investigated by the Federal Bureau of Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Dodge Police Department, DCI Criminalistics Laboratory, and the Webster County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3049. Follow us on Twitter @USAO_NDIA.
Convicted Felon Who Assaulted and Pistol-Whipped His Fiancée Sentenced to 9 Years in Federal PrisonRead the Press Release
A Marion man who was previously convicted of felony domestic assault and who then assaulted his fiancée with a gun was sentenced June 28, 2018, to nine years in federal prison.
Gage Skola, age 28, from Marion, Iowa, received the prison term after an April 19, 2018 guilty plea to one count of being a felon in possession of a firearm.
Information at sentencing and in a previously filed criminal complaint showed that Skola got into an argument with his fiancée on February 10, 2018. During the argument, Skola grabbed a gun and pistol-whipped her in the back of the head. The fiancée fled to a neighbor’s house, but Skola followed her and forced his way into the house. In the neighbor’s house, Skola displayed a large silver handgun and pointed it at his fiancée’s head. The neighbor was able to get the gun from Skola, who then fled from the house. Officers later recovered the silver handgun, a .44 caliber Magnum, which had previously been reported stolen.
Later that same night, Skola returned to the neighbor’s house. Police returned to the house and arrested Skola. During a subsequent search of Skola’s home, officers found five spent shell casings from a .44 caliber Magnum.
Skola was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Skola was sentenced to 108 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Skola is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case is being prosecuted by Assistant United States Attorney Dan Chatham and investigated by the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-cr-7 and 18-mj-48.
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Brazilian Man Charged with Interference with a Flight CrewRead the Press Release
Guilherme Alves De Melo (Alves), age 33, from Brazil, has been charged with one count of intimidating a flight crew member or attendant and lessening or interfering with their ability to perform their duties, in violation of federal law. The charge is contained in a Complaint filed June 26, 2018, in United States District Court in Cedar Rapids.
The Complaint alleges that, on or about June 23, 2018, Alves was a passenger on an international flight originating in Calgary, Canada and bound for Chicago, Illinois. It is further alleged that during the flight, Alves became disruptive and was told by a member of the flight crew that he needed to calm down. The flight attendant brought the disruptive conduct to the attention of the captain. About an hour before the flight was to arrive in Chicago, it is alleged that Alves again became disruptive and was scaring others passengers. Less than a minute later, Alves is alleged to have “lost it,” leading to some of the passengers needing to restrain him with zip ties provided by the flight crew. As a result, the flight was diverted to the Eastern Iowa Airport in Cedar Rapids after it had begun its final descent to Chicago.
After the aircraft landed, the Cedar Rapids police removed Alves from the airplane. However, Alves became loud and used expletives within sight and sound of other passengers and employees at the airport. Alves was charged with disorderly conduct for these actions. On June 24, 2018, defendant pleaded guilty to disorderly conduct and paid a $100 fine in Linn County District Court.
If convicted on the federal charge, Alves faces a maximum sentence of 20 years’ imprisonment, a $250,000 fine, and 5 years of supervised release following any imprisonment.
Alves appeared in federal court on June 28, 2018. At that time, the court scheduled a detention hearing and a preliminary hearing for 11:00 a.m. on Monday, July 2, 2018. Alves was ordered detained without bond pending the detention hearing.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-mj-00223.
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Waterloo Man Who Slipped and Fell on the Ice While Running from the Police Convicted of Trafficking Crack CocaineRead the Press Release
A Waterloo man who ran from police while in possession of crack cocaine and who was involved in a large drug trafficking operation in Waterloo was convicted by a jury on June 27, 2018, after a two-day trial in federal court in Cedar Rapids.
Willie Junior Carter, age 45, was convicted of conspiracy to distribute cocaine and crack cocaine and possession of crack cocaine with the intent to distribute it. The verdicts were returned following about six hours of jury deliberations.
The evidence at trial showed that Carter was intercepted on a wiretap investigation of the distribution of cocaine and crack cocaine in Waterloo during late 2016 and early 2017. On January 12, 2017, the police stopped Carter as he was driving and he got out of his car and ran from police. He was apprehended after he slipped and fell on the ice. Officers found over 12 grams of crack cocaine in his pocket. Evidence at trial showed that Carter was delivering large quantities of crack cocaine for other drug dealers. Carter’s criminal history includes four prior convictions for drug trafficking offenses.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Carter will face a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task
Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-2045.
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National Healthcare Fraud Takedown Results in Charges against 601 Individuals Responsible for over $2 Billion in Fraud LossesRead the Press Release
CEDAR RAPIDS - Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced today the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS announced today that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse.
Attorney General Sessions and Secretary Azar were joined in the announcement by Acting Assistant Attorney John P. Cronan of the Justice Department’s Criminal Division, Deputy Director David L. Bowdich of the FBI, Assistant Administrator John Martin of the Drug Enforcement Administration (DEA), Inspector General Daniel R. Levinson of the HHS Office of Inspector General (OIG), Deputy Chief Eric Hylton of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Director Dermot F. O’Reilly of the Defense Criminal Investigative Service (DCIS).
Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.
The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid related overdose.
“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”
The United States Attorney for the Northern District of Iowa, Peter E. Deegan, Jr., lauded the enforcement actions. “Our office will aggressively fight health care fraud and prosecute those individuals who contribute to the opioid epidemic. We will seek out and prosecute those medical professionals who abuse the trust that society places in them by unlawfully diverting opioids and other controlled substances.”
“Every dollar recovered in this year’s operation represents not just a taxpayer’s hard-earned money—it’s a dollar that can go toward providing healthcare for Americans in need,” said HHS Secretary Azar. “This year’s Takedown Day is a significant accomplishment for the American people, and every public servant involved should be proud of their work.”
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. Because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims, aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
United States Attorney Deegan announced two criminal prosecutions in the Northern District of Iowa. The prosecutions are:
United States v. James Moorehead: James Moorehead, a registered nurse, was charged with three counts of acquiring a controlled substance by misrepresentation, fraud, deception, or subterfuge, and seven counts of false statements relating to health care matters. The charges stem from Moorehead using the identities of multiple hospital patients with prescriptions for pain medications containing hydrocodone to dispense and divert the pills to his own personal use, and falsely indicating in Medicare beneficiaries’ medical records that those medications were administered to the patients. This case is being handled by AUSA Lyndie Freeman and was investigated by the Iowa Medicaid Fraud Control Unit.
United States v. Lacey Staveley: Lacey Staveley, also a nurse, was charged with one count of acquiring a controlled substance by misrepresentation, fraud, deception, and subterfuge, and three counts of false statements relating to health care matters. The charges stem from Staveley allegedly making false entries in the electronic medical records of a Cedar Falls, Iowa, nursing home with respect to two residents. It is alleged that Staveley indicated she had administered oral tablets containing hydrocodone, which was paid for by Medicare, to the nursing home residents when in truth Staveley diverted those oral tablets for her own use. This case is being handled by AUSA Tim Vavricek and was investigated by the Iowa Medicaid Fraud Control Unit.
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,700 defendants who collectively have falsely billed the Medicare program for over $14 billion.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Additional documents related to this announcement will be available here: https://www.justice.gov/opa/documents-and-resources-june-28-2018.
This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2 billion in judgements and settlements related to matters alleging health care fraud.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 18-CR-2031-LRR and 18-CR-3021-LRR.
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Former DuPont Employee Charged with Theft of Trade Secrets and Lying to the FBIRead the Press Release
Josh Harry Isler, age 55, from St. Ansgar, Iowa, has been charged with one count of trade secret theft and one count of making a false statement to the Federal Bureau of Investigation. The charges are contained in an Information filed today in the United States District Court in Cedar Rapids.
The Information alleges that, during at least August 2013, while employed by DuPont and after having accepted an offer of employment with a competitor, Isler stole trade secrets of DuPont. After Isler accepted employment with a competitor of DuPont in the ethanol fuel enzyme business, he allegedly transferred hundreds of DuPont’s electronic files to an external storage device. It is also alleged Isler knew the files he downloaded contained proprietary information and trade secrets of DuPont and many related to customers of DuPont who were also customers of the competitor or whose business was being sought by the competitor. It is alleged Isler retained the files in his new job and transferred some to his new employer.
The Information also alleges that when he was interviewed by the FBI in November 2013, Isler falsely denied he had downloaded the files containing proprietary information of DuPont.
If convicted on both charges, Isler faces a maximum combined sentence of 15 years’ imprisonment, a fine of up to $500,000, and eight years of supervised release after any imprisonment. Isler could also be ordered to pay restitution to DuPont.
Isler’s initial appearance in federal court in Cedar Rapids has been scheduled for 11:30 a.m. on July 5, 2018.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 18-CR-2032.
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Document Fraud Leads to Federal Prison for Illegal AlienRead the Press Release
A Guatemalan man who unlawfully used a fraudulent identification document was sentenced today to almost three months in federal prison.
Miguel Abel Raymundo-Perez, age 25, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 17, 2018 guilty plea to one count of unlawful use of identification documents.
At the guilty plea, Raymundo-Perez, an illegal alien, admitted that on May 24, 2014, he used a fraudulent Green Card when completing employment forms to get a job in Cedar Rapids. The social security account number and the Green Card number used by Raymundo-Perez belonged to other people. Raymundo-Perez also used the same fraudulent Green Card and social security account number when applying for work in Cedar Rapids in October 2014.
Raymundo-Perez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Raymundo-Perez was sentenced to 84 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Raymundo-Perez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 18-CR-26-LRR.
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Convicted Felon Sentenced to More than Five Years in Federal Prison After Throwing a Loaded Gun out a Car Window in Cedar RapidsRead the Press Release
A convicted felon who threw a loaded gun out a car window during a traffic stop in Cedar Rapids was sentenced today to more than five years in federal prison.
Iviontae Jackson, age 24, from Cedar Rapids, Iowa, received the prison term after a January 4, 2018 guilty plea to one count of being a felon in possession of a firearm.
Information at sentencing showed that Jackson was riding in a car on October 22, 2017, when the Cedar Rapids police initiated a traffic stop of the car. Jackson threw a loaded gun out the window, but officers were able to find it. Jackson had previously been convicted of assault with a dangerous weapon in 2011. In that case, Jackson had stolen $8,000 in jewelry from a jewelry store in the Coral Ridge mall in Coralville, Iowa. An employee of the store tried to chase him, but Jackson swung a knife at and threatened to cut the employee. Jackson was also convicted of conspiracy in 2015, which resulted in a victim being struck with a gun. Jackson was discharged from probation on the 2015 conviction on October 8, 2017, only two weeks before being caught with the loaded gun he threw out the window. In sentencing Jackson, the court noted he had been treated leniently in past criminal convictions, his history of violence starting at age 11, and that he was at a high risk to recidivate.
Jackson was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Clark was sentenced to 64 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Jackson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-91.
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Milford Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
A man who received child pornography pled guilty on June 26, 2018, in federal court in Sioux City.
Joe Elliott Sinnott, 27, from Milford, Iowa, was convicted of one count of receiving child pornography.
In a plea agreement, Sinnott admitted that from January 2018 until April 27, 2018, he knowingly used KiK messenger to receive child pornography. Sinnott also admitted to receiving fully nude photographs of a 15-year-old female that he had met in person in Minnesota last year.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Sinnott remains in custody of the United States Marshal pending sentencing. Sinnott faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 5 years to life of supervised release following any imprisonment.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case is being prosecuted by Assistant United States Attorney Ajay J. Alexander and was investigated by the Iowa Division of Criminal Investigations and Spirit Lake Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-4033.
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Monticello Man Arrested in Colorado After Allegedly Robbing Bank in IowaRead the Press Release
Joseph Jay Kripner, age 46, from Monticello, Iowa, has been charged with one count of bank robbery. The charges are contained in a complaint unsealed Wednesday in United States District Court in Cedar Rapids, Iowa.
The complaint alleges that that, in early June 2018, Kripner robbed the Security State Bank in Springville, Iowa. Kripner displayed what appeared to be a gun at a teller. The teller provided Kripner with cash in a plastic shopping bag. Kripner then left the bank quickly. With the help of the “Crimestoppers” tip line, law enforcement officers later compared photographs of Kripner with surveillance camera footage from the bank heist.
Kripner appeared on June 19, 2018, in federal court in Colorado, and was held without bond. Kripner will appear in federal court in Cedar Rapids once the United States Marshal’s Service transports him to Iowa. If convicted, Kripner faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Linn County Sheriff’s Office, the Federal Bureau of Investigation, and the Rocky Mountain National Park Rangers. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-MJ-204 (N.D. Iowa) and 18-MJ-1111 (D. Colo.). Follow us on Twitter @USAO_NDIA.
Court of Appeals Upholds Conviction and Sentence of Rwandan Refugee Who Actively Participated in the Rwandan GenocideRead the Press Release
In an opinion issued today, the Eighth Circuit Court of Appeals affirmed the conviction and sentence of a man who actively participated in the Rwandan genocide and then committed naturalization fraud.
Ken Ngombwa, 57, from Cedar Rapids, Iowa, was convicted by a federal jury in January 2016 of one count of naturalization fraud; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security.
On March 2, 2017, United States District Court Judge Linda R. Reade sentenced Ngombwa to serve 15 years’ imprisonment. Judge Reade also revoked Ngombwa’s citizenship.
On appeal, Ngombwa challenged the denial of his motion for new trial claiming his trial counsel provided constitutionally ineffective assistance at trial. Ngombwa also claimed the district court erred at sentencing by relying upon statements of genocide victims given to United States investigators in Rwanda; his two prior convictions for genocide in the local Gacaca (“grass courts”) of Rwanda; and the testimony of an expert on the Rwandan genocide who testified via video link at the sentencing.
The Court of Appeals rejected each of Ngombwa’s challenges. The Court noted Ngombwa “told a number of lies” in the course of gaining entry into the United States and eventual citizenship. Most prominent of these lies was Ngombwa’s claim that he was the brother of Faustin Twagiramungu, a moderate Hutu and former Prime Minister of Rwanda. Ngombwa also lied about certain other family relationships and about having previously been beaten in the Rwandan capital. The Court found trial counsel made strategic decisions as to how to limit the impact of adverse evidence concerning the Ngombwa’s false claims regarding his family relationships.
The Court of Appeals also found the district court properly applied the sentencing guidelines and did not error in considering evidence concerning Ngombwa’s participation in the Rwandan genocide. At the sentencing hearing, the government presented testimony about the 1994 Rwandan genocide, in which hundreds of thousands of people from the Tutsi ethnic group were killed. The evidence showed that Ngombwa was charged and convicted in two Gacaca courts in that country for his involvement in the Rwandan genocide. He was also named in an Indictment brought in 2010 against Jean Uwinkindi by the United Nations Joint Criminal Tribunal for Rwanda, as a co-participant in a “joint criminal enterprise whose common purpose was the commission of genocide against the Tutsi racial or ethnic group and persons identified as Tutsi or presumed to support the Tutsi[.]” Uwinkindi was convicted of the charge in the Indictment and sentenced to life imprisonment in December 2015.
Further, the evidence presented at sentencing showed that Ngombwa is currently under Indictment in the Republic of Rwanda. That Indictment was brought by the country’s Prosecutor General in 2014. An international arrest warrant remains outstanding on that Indictment. The Rwandan Indictment charges Ngombwa in Count 1 with “Genocide” and alleges, in part, that Ngombwa “is individually liable for having, between 7th April 1994 and July 1994 ordered and committed crimes perpetrated with the intent to destroy in whole the Tutsi ethnic group.” The Indictment alleges Ngombwa drove members of the Interahamwe to the Catholic church “in order to attack and kill Tutsi who had sought refuge there.” Further, it alleges that Ngombwa transported members of the Interahamwe to the Kanzene communal office to kill Tutsi seeking refuge there. It also alleged Ngombwa and the Interahamwe militia, armed with guns and traditional weapons, “such as machetes, spears clubs and other traditional tools, attacked the Tutsi who had sought refuge in the premises of priests” at the Catholic Church, and attacked and killed them. There are additional allegations in Count 1. Moreover, Count 2 charges Ngombwa with “extermination as a crime against humanity.” Count 3 charges Ngombwa with “murder as a crime against humanity.”
Department of Homeland Security agents testified at sentencing that as part of their investigation, they personally interviewed multiple witnesses in Rwanda who saw Ngombwa commit acts of violence during the Rwandan genocide. For instance, many witnesses stated that Ngombwa drove members of the Interahamwe (a youth militia group) and the military – killers – to locations where they conducted mass killings of Tutsi. According to the witnesses, Ngombwa made derogatory statements concerning the Tutsi; he encouraged others to kill Tutsi; and he personally participated in the killings. According to the witnesses, Ngombwa also participated in the theft or looting of property belonging to Tutsi.
In addition, evidence was presented at sentencing about Ngombwa setting fire to his Habitat for Humanity home in Cedar Rapids in 2013.
“Today’s decision marks the successful conclusion of a remarkable case; one that helped bring a measure of justice to a criminal participant in a horrible chapter in modern human history,” said United States Attorney Deegan. “This case also is an important example of why our nation’s immigration laws must be respected and why those who violate them must be held accountable.”
The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda. The case was prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.
The opinion and order of the Eighth Circuit Court of Appeals is available at http://media.ca8.uscourts.gov/opndir/18/06/171688P.pdf.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00123.
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Waterloo Man Sentenced to 20 Years for Child Sex OffensesRead the Press Release
A man who engaged in illicit sexual conduct with a minor and distributed child pornography was sentenced yesterday to 20 years in federal prison.
Juan Rangel, age 36, from Waterloo, Iowa, received the sentence after a December 27, 2017 guilty plea to one count of engaging in illicit sexual conduct in a foreign place and one count of distribution of child pornography. At the plea hearing, Rangel admitted that, between 2014 and 2016, he traveled from the United States to Mexico and engaged in sex acts with a minor. He also admitted that he distributed visual depictions of child pornography using the Internet.
Rangel was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Rangel was sentenced to 240 months’ imprisonment. A special assessment of $10,200 was imposed, and Rangel must also serve a 7-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by Homeland Security Investigations, the Waterloo Police Department, and the Iowa Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-2085.
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Nationwide Wound Services Provider Agrees to Pay Nearly $400,000 to Resolve False Claims Act AllegationsRead the Press Release
Healogics, Inc., a Florida-based provider of wound care services with clinics across the country, agreed to pay $398,162.69 to resolve False Claims Act allegations pertaining to improper coding. Specifically, the United States alleged that, from January 1, 2012, through June 30, 2017, Healogics submitted claims to Medicare, Medicaid, and Tricare using Modifier 25 to signify that a separate evaluation and management service was performed on the same date as another procedure when no such separate service was performed.
Because a private citizen filed a qui tam, or whistleblower, lawsuit raising the civil allegations, Healogics agreed to pay the citizen’s law firm an additional $48,694.37 in fees. That private citizen is also entitled to receive $91,577.42 of the recovery pursuant to the qui tam provisions of the False Claims Act. Those provisions permit private individuals with knowledge of wrongdoing to bring suit on behalf of the government for false claims and share in any recovery.
“This is yet another example of our office’s commitment to ensuring taxpayer money is well spent and health care providers play on a level playing field,” said United States Attorney Peter E. Deegan, Jr. “We encourage citizens with knowledge of wrongdoing by health care providers to bring those matters to our office’s attention.”
The case was investigated by the Department of Health and Human Services Office of Inspector General. The case file number is 16-cv-3016-MWB.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Man with 24 Adult Criminal Convictions Sentenced to Federal Prison for Wire FraudRead the Press Release
A Dubuque area man who participated in a fraud that victimized more than 250 elderly victims across the United States was sentenced today to nearly five years in prison.
Evidence at the sentencing hearing and prior court hearings in related cases showed that Cody Richey, age 27, from Zwingle, Iowa, was involved in a scheme to defraud victims, who were generally elderly, around the country. In a plea agreement, Richey admitted that while he never made calls to victims, other individuals involved in the scheme called victims on the phone and told these victims that a relative was in jail. The caller would then ask the victims to wire money via Western Union or Money Gram to get the relative released. Richey further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers. He admitted that he received wire transfers from the victims and sent money received from victims overseas. The scheme victimized more than 250 victims across the country. These victims lost more than $750,000 as a result of the fraud. Ten other people have been sentenced in federal court for their roles in the fraud.
Richey was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Richey was sentenced to 57 months’ imprisonment. He was ordered to pay more than $26,000 in restitution. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/.
Richey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Department of Homeland Security - Investigations and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-1004 and 17-CR-1038.
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Fugitive from Federal Court in Nebraska Sentenced to Federal Prison for Document FraudRead the Press Release
A Mexican man who was on the run from federal court in Nebraska to avoid being sentenced for committing aggravated identity theft there was sentenced June 18, 2018, in Iowa to one year in federal prison for fraudulent using the name and Social Security number of another person.
Fernando Nevarez-Carreon, age 61, a citizen of Mexico and lawful permanent resident of the United States residing in Dyersville, Iowa, received the prison term after a November 20, 2017, guilty plea to one count of unlawful use of identification documents while on pretrial release.
At the guilty plea, Nevarez-Carreon admitted that he used a Social Security card knowing that the card was forged or unlawfully obtained. In April 2015, Nevarez-Carreon pled guilty in the United States District Court for the District of Nebraska to conspiracy to distribute counterfeit documents and aggravated identity theft. In July 2015, Nevarez-Carreon failed to appear for sentencing in Nebraska and a warrant was issued for his arrest. In July 2016, Nevarez-Carreon and his wife Rosa Nevarez-Fallad both completed employment paperwork under false names to obtain jobs in Farley, Iowa, and used identification cards bearing the names and Social Security Numbers of United States citizens. Nevarez-Carreon avoided apprehension by law enforcement until March 2017, when he was arrested at his place of employment in Farley.
In June 2017, Nevarez-Carreon was sentenced in the United States District Court for the District of Nebraska to more than six years in prison. Nevarez-Carreon also has a 1999 conviction for domestic battery in Cook County, Illinois, and convictions in 2004 and 2005 for driving under the influence in Dodge County, Nebraska. On February 14, 2018, Rosa Nevarez-Fallad was sentenced in the United States District Court for the Northern District of Iowa to three months’ imprisonment following a guilty plea to one count of unlawful use of an identification document.
Nevarez-Carreon was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Nevarez-Carreon was sentenced to twelve months’ imprisonment to be served consecutively to the Nebraska sentence. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Nevarez-Carreon is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Social Security Administration, Office of Inspector General, and the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1025-LRR.
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Document Fraud Leads to Federal Prison for Illegal AlienRead the Press Release
A Guatemalan man who unlawfully used fraudulent identification documents was sentenced June 18, 2018, to more than three months in federal prison.
Francisco Rivera-Cobo, age 20, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after an April 25, 2018 guilty plea to one count of unlawful use of identification documents.
In a plea agreement, Rivera-Cobo, an illegal alien, admitted that on September 11, 2016, he used a fraudulent social security card and a fraudulent Green Card when completing employment forms to get a job. The social security account number and the Green Card number belonged to other people. Rivera-Cobo also used the same fraudulent Green Card when applying for work in Cedar Rapids in May 2016. Rivera-Cobo was arrested on February 27, 2018, by immigration agents after they learned he had registered a car using another person’s social security number.
Rivera-Cobo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Rivera-Cobo was sentenced to 98 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Rivera-Cobo is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-12-LRR. Follow us on Twitter @USAO_NDIA.
Second Federal Conviction for Drug Trafficking Leads to 10 Years in Federal PrisonRead the Press Release
A man who sold “ice” methamphetamine, PCP, and synthetic drugs was sentenced on June 12, 2018, to ten years in federal prison.
Jeffrey Simmermaker, age 46, from Iowa City, Iowa, received the prison term after a December 20, 2017 guilty plea to conspiracy to distribute methamphetamine. Evidence at the sentencing hearing established that Simmermaker was selling methamphetamine, PCP, and synthetic drugs in Tipton, Iowa. Simmermaker was previously convicted of conspiracy to distribute methamphetamine in federal court on October 12, 2004.
Simmermaker was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Simmermaker was sentenced to 120 months’ imprisonment. He must also serve an eight-year term of supervised release after the prison term. There is no parole in the federal system. Simmermaker is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Matthew J. Cole and Special Assistant United States Attorney Drew O. Inman and investigated by the Tipton Police Department, the Cedar County Sheriff’s Office, the Iowa State Patrol, the Iowa Division of Narcotics Enforcement, and the Muscatine County Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-88-LRR.
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Man Sentenced to over 17 Years in Federal Prison for Selling Methamphetamine Near SchoolRead the Press Release
A Cedar Rapids man who sold methamphetamine from his home near Wilson Middle School was sentenced on June 12, 2018, to more than 17 years in federal prison.
Daniel Wayne Melsha, age 26, from Cedar Rapids, Iowa, received the prison term after a February 22, 2018 guilty plea to possession with intent to distribute methamphetamine within 1,000 of a school and possession of firearms in furtherance of a drug trafficking crime.
Evidence at the sentencing hearing showed that Melsha lived in a residence in Cedar Rapids, which was within 1,000 feet of Wilson Middle School. On September 28 and October 4, 2017, Melsha sold another person a half an ounce of methamphetamine at Melsha’s home. On October 5, 2017, police investigators executed a search warrant at Melsha’s residence, where they found over 70 grams of “ice” methamphetamine and 41 guns, including revolvers, semi-automatic handguns, rifles, and shotguns. Police arrested Melsha the same day.
On October 10, 2017, Melsha was released pending trial and ordered to wear a GPS-monitoring bracelet on his ankle to monitor his location. Melsha cut off the GPS monitoring bracelet in November and failed to appear for a hearing on his case. On January 16, 2018, the United States Marshals Service found Melsha hiding out in a camper, parked within a barn in Fairfax, Iowa.
Melsha was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Melsha was sentenced to 211 months’ imprisonment and must also serve an eight-year term of supervised release after the prison term. There is no parole in the federal system.
Melsha is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and Special Assistant United States Attorney Drew O. Inman and investigated by the Iowa Division of Narcotics Enforcement, Cedar Rapids Police Department, Muscatine County Drug Task Force, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-86-LRR.
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Michigan Man Pleads Guilty to Sending Fentanyl to Dubuque Overdose VictimRead the Press Release
A man who ordered drugs from the dark web and had them shipped to a friend in Dubuque, who died after using the drugs, pled guilty on June 14, 2018, in federal court in Cedar Rapids.
Jay Rickert, age 28, from Grand Rapids, Michigan, was convicted of willfully causing the distribution of a controlled substance.
At the plea hearing, Rickert admitted that in February 2015, he caused a controlled substance to be shipped from a supplier in Canada to a woman in Dubuque, Iowa. According to information disclosed at the plea hearing, Rickert intended to order DMT, a Schedule I hallucinogenic drug, from the dark web and have it shipped to his friend in Dubuque. The supplier in Canada instead shipped the woman fentanyl, a different controlled substance. A criminal complaint previously filed against Rickert indicated that fentanyl and DMT are both white powdery substances that look virtually identical. According to the criminal complaint, the woman, believing that the substance Rickert ordered for her was DMT, used the fentanyl and died. An autopsy concluded that the cause of death was a fentanyl overdose.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Rickert was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Rickert faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and at least 3 years and up to a lifetime term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement, and the Dubuque Drug Task Force, consisting of the Dubuque Police Department and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-MJ-56 and 18-CR-1008.
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Deputy Attorney General Recognizes District Civil ChiefRead the Press Release
WASHINGTON –Assistant United States Attorney Jacob Schunk, Civil Chief of the U.S. Attorney’s Office in the Northern District of Iowa, was one of 162 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony today in Washington D.C.
The Northern District of Iowa was one of 35 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues. But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded. Today, we pause to honor and recognize a small portion of your work.”
AUSA Schunk was recognized for his superior performance as a Civil AUSA. Over the past several years, Schunk has had tremendous success in building the district‘s Affirmative Civil Enforcement practice. The district now routinely resolves several False Claims Act matters and recovers millions of dollars each year for the federal treasury. Included among the matters he successfully resolved was a $5.6 million settlement with one of the nation‘s largest home health providers and a failure of care settlement with the owners and managers at an Iowa nursing facility.
“Through his outstanding work, Assistant United States Attorney Schunk has returned millions of dollars to the American taxpayer while ensuring those who make false claims are not unjustly enriched,” said United States Attorney Peter E. Deegan, Jr. “We take seriously our duty to collect money owed to taxpayers and I am happy that AUSA Schunk’s excellent work has been recognized through this incredibly well-deserved and prestigious award.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
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Eighth Circuit Court of Appeals Affirms Gun Smugglers’ SentencesRead the Press Release
The United States Court of Appeals for the Eighth Circuit this week affirmed the sentences of Ali Afif Al Herz, Bassem Afif Herz, and Sarah Majid Zeaiter.
The three defendants were sentenced in 2016 by United States District Court Judge Linda R. Reade to terms of imprisonment following their pleas of guilty to charges relating to their involvement in a scheme to unlawfully export more than 250 firearms to Lebanon between 2014 and 2015.
Ali Afif Al Herz was sentenced to serve 342 months’ imprisonment, to be followed by a three-year term of supervised release. He was also ordered to pay a fine of $150,000. Bassem Afif Herz was sentenced to serve 97 months’ imprisonment, to be followed by a three-year term of supervised release. Bassem’s wife, Sarah Majid Zeaiter was sentenced to serve 87 months’ imprisonment, to be followed by a three-year term of supervised release.
In the decision issued on June 11, 2018, the Court of Appeals affirmed the district court’s sentencing findings and determined the sentences were reasonable. Notably, the Court of Appeals found Ali and Bassem each played a leadership role in the scheme and that, although Zeaiter played a lesser role, the district court did not err by not reducing her sentence on that ground because she “was aware of the scope and structure of the offense conduct and actively participated in the well-planned coordinated scheme.” The Court of Appeals found Zeaiter was not a minor or minimal participant.
The Court of Appeals also agreed that Ali and Bassem were each responsible for the illegal shipment of a large number of firearms to Lebanon. In addition, the Court of Appeals found that the district court properly ruled that Ali falsely denied some of the offense conduct and that Bassem gave false testimony under oath at their respective sentencing hearings. The Court of Appeals found the district court properly considered these and other factors in determining the appropriate sentences for Ali and Bassem.
Two other defendants who were convicted and sentenced in connection with the scheme did not appeal their sentences. Adam Al Herz, the son of Ali Afif Al Herz, was sentenced on October 13, 2016, to serve 240 months’ imprisonment, to be followed by a three-year term of supervised release. Fadi Yassine, a Lebanese citizen, was sentenced in August 2017, to serve 57 months’ imprisonment, to be followed by a three-year term of supervised release.
The investigation that led to the convictions was triggered in early 2015 by a report from a firearms dealer concerning suspicious firearms transactions conducted by the group.
The initial investigation led to the March 2015 seizure of 53 guns and thousands of rounds of ammunition concealed inside Bobcat skid loaders packed inside a shipping container at the Norfolk, Virginia seaport. The container was destined for Lebanon. Subsequent investigation led to the May 2015 seizure of a second shipping container in Cedar Rapids, which was also destined for Lebanon. Ninety-nine guns and thousands more rounds of ammunition were found concealed inside Bobcat skid loaders packed inside the second container. It was also determined that the group had previously sent two similar shipments to Lebanon in March and August 2014. Each of the four containers had been loaded and shipped from Midamar Corporation in Cedar Rapids.
Evidence presented at the sentencing hearings showed the containers were destined for an area in southern Lebanon controlled by Hezbollah, a group designated by the United States as a terrorist organization. Among the guns shipped were more than 30 military style assault rifles. Other evidence presented in the case showed the guns could be sold in Hezbollah controlled southern Lebanon, where Ali Afif Al Herz maintained a residence, for as much as ten times their value in the United States. Photos of some of the weapons and ammunition seized during the investigation are attached below.
The cases were prosecuted by Assistant United States Attorney Richard L. Murphy and were investigated by Homeland Security Investigations, Bureau of Alcohol Tobacco and Firearms, Federal Bureau of Investigations, and U.S. Customs and Border Protection, with assistance from numerous other state and local law enforcement agencies.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00054-LRR.
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Waterloo Man Sentenced to Federal Prison for Sending Threatening Tweets to United States Senator Joni ErnstRead the Press Release
A man who sent threatening “tweets” on the Internet to United States Senator Joni Ernst was sentenced today to six years in federal prison. Joseph Hilton Dierks, age 34, from Waterloo, Iowa, received the prison term after a November 22, 2017, jury verdict finding him guilty of three counts of sending threatening communications.
The evidence at trial showed that in August 2017, Dierks began sending Senator Ernst threatening tweets from his Twitter account to her Twitter accounts. The United States Capitol Police in Washington, D.C. then contacted the Waterloo Police Department, which sent a law enforcement officer to Dierks’ home. Dierks promised the officer he would “tone it down” but, within 24 hours, Dierks began sending threatening tweets to the Senator again. The Senator was in Iowa at the time of Dierks’ threats, which resulted in additional security precautions.
Dierks was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Dierks was sentenced to 72 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
In sentencing Dierks, Judge Reade emphasized Dierks’ escalating criminal history, which included a prior conviction for harassing a Waterloo police officer and carrying weapons. Dierks also filmed himself tracing a knife on the outline of an unwitting neighbor across the street and offered to cut him up. Dierks also stated in a recorded jailhouse telephone call with his mother that he had no intention of following the Court’s orders when released from prison, hated the United States of America, blamed others for his predicament, and stated life meant very little to him. Judge Reade found Dierks posed an “extreme risk” to recidivate.
“The safety of elected officials is something that cannot be taken lightly,” said United States Attorney Peter E. Deegan, Jr. “This sentencing sends the message that those who attempt to intimidate or threaten to harm elected officials will be held accountable for their actions.”
Dierks is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Richard L. Murphy and investigated by the Federal Bureau of Investigation, with the assistance of the United States Capitol Police and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2065-LRR.
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Three Marshalltown Methamphetamine Distributors Sentenced to Federal PrisonRead the Press Release
Three men who trafficked methamphetamine were sentenced June 12, 2018, each to more than twenty years in federal prison.
Juan Carlos Martinez, age 28, Manuel Fujarte, age 34, and John Minteer, age 45, all from Marshalltown, Iowa, received the prison terms after pleading guilty to conspiracy to distribute at least 500 grams of methamphetamine.
At their guilty pleas, Martinez, Fujarte, and Minteer admitted to conspiring to distribute ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa. The conspiracy lasted between the fall of 2014 and the fall of 2016. Martinez, Fujarte, and Minteer were all responsible for distributing multiple ounces of ice methamphetamine to a network of drug customers.
Prior to his arrest and while on probation in Marshall County, Martinez obtained a stolen gun and went to a daycare in Pleasant Hill, Iowa, in an attempt to contact his ex-wife and child in violation of a no contact order. Police officers responded to the daycare. Martinez then brandished the gun and refused to drop it. An officer used a Taser on Martinez and he was taken into custody. Martinez was later convicted of assault while displaying a dangerous weapon and possession of a firearm as a felon in Polk County District Court.
Martinez, Fujarte, and Minteer were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Martinez was sentenced to 252 months’ imprisonment, Fujarte was sentenced to 262 months’ imprisonment, and Minteer was sentenced to 234 months’ imprisonment. All three must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Martinez, Fujarte, and Minteer are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2022.
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Cedar Rapids Synthetic Drug Distributor Sentenced to Nearly 20 Years in Federal PrisonRead the Press Release
A man who sold synthetic cannabinoids (K2) to homeless people was sentenced on June 13, 2018, to nearly 20 years in federal prison.
Benjamin Michael McCauley, age 45, from Cedar Rapids, Iowa, received the prison term after a December 5, 2017, guilty plea to possessing with intent to distribute controlled substances called XLR-11, AB‑PINACA, and AB‑CHMINACA, AB‑FUBINACA.
In a plea agreement, McCauley admitted he started selling synthetic cannabinoids in 2014. McCauley’s brother, Matthew McCauley, was prosecuted in federal court at that time for using his Cedar Rapids business, the Fragrance Hut, as a place to sell illegal synthetic drugs. Benjamin McCauley admitted that after his brother was arrested on the federal drug charges, Benjamin reached out to Matthew’s online suppliers to purchase synthetic cannabinoid products, but was rejected. McCauley and an associate then used the associate’s name to order the synthetic drugs. McCauley also admitted that he regularly supplied another individual with synthetic cannabinoids to sell to people in the free lunch line in Iowa City.
In March 2015, officers conducted a search of McCauley’s residence and seized over 240 grams of synthetic cannabinoids in product packaging labeled “Buddah Shack,” “Joker,” and “Get Real.” The packaging also contained disclaimers that the products were “not for human consumption.” McCauley admitted he possessed the synthetic cannabinoids and intended to distribute some or all of them to others, whom he knew would consume the products. McCauley also admitted that he used and distributed methamphetamine. Court documents reflect that McCauley and his associates would also recruit homeless people to purchase boxes of pseudoephedrine so McCauley and his associates could manufacture methamphetamine. McCauley and his associates would sometimes pay the homeless people for the pseudoephedrine with synthetic cannabinoids.
McCauley was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. At the sentencing hearing, Judge Reade noted that McCauley had 68 prior criminal convictions, including several for violent offenses. Court records reflect that McCauley’s criminal history included a conviction for domestic abuse assault causing bodily injury in which he assaulted a woman by “grabbing her and hitting her on the back of her head several times” and “[w]hen she turned and looked up at the defendant and pleaded for him to stop, he struck her between the eyes, knocking her unconscious.”
McCauley was sentenced to 235 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
McCauley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case investigated by the High Risk Unit of the Sixth Judicial District Department of Corrections and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-74-LRR.
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Cedar Rapids Felon Sentenced to Twenty Years in Federal Prison after Attempting to Extort Internet Domain Name in an Armed Home InvasionRead the Press Release
A federal felon who entered a Cedar Rapids home armed with a stolen firearm and pistol-whipped and Tased its owner was sentenced today to twenty years in prison in federal court in Cedar Rapids. Sherman Hopkins, Jr., age 43, from Cedar Rapids, Iowa, received the prison term after a December 2017 guilty plea to one count of interference and attempted interference with commerce by threats and violence, in violation of 18 U.S.C. § 1951. The case is the first Hobbs Act Extortion prosecution in the district involving the attempt to steal an Internet domain name.
At the plea hearing and in a plea agreement, Hopkins admitted that on June 21, 2017, he entered the victim’s home and assaulted the victim in an attempt to obtain the victim’s property, specifically, the Internet domain “doitforstate.com.” Hopkins carried and brandished a Smith & Wesson 9mm pistol, which was stolen from Michigan in 2014. Hopkins was a convicted felon as the result of a 2006 conviction for perjury in the United States District Court for the Northern District of Iowa.
Information from the plea agreement and court hearings showed that on June 21, 2017, Hopkins entered the victim’s home in Cedar Rapids. Hopkins was carrying a cellular telephone and the gun and was wearing a hat, pantyhose on his head, and dark sunglasses on his face.
The victim was upstairs and heard Hopkins enter the home. From the top of a staircase, the victim saw Hopkins with the gun on the first floor. Hopkins shouted at the victim, who then ran into an upstairs bedroom and shut the door, leaning up against the door to stop Hopkins from entering. Hopkins went upstairs and kicked the door open.
Hopkins grabbed the victim by the arm and demanded to know where he kept his computer. When the victim told Hopkins that he kept his computer in his home office, Hopkins forcibly moved the victim to the office. Hopkins ordered the victim to turn on his computer and connect to the Internet. Hopkins pulled out a piece of paper from his pocket, which contained a series of directions on how to change an Internet domain name from one GoDaddy account to another GoDaddy account. Hopkins put the firearm against the victim’s head and ordered him to follow the directions on the piece of paper. Hopkins also took the victim’s cell phone and threw it so that he could not call for help.
The victim asked Hopkins for a mailing address and phone number, because GoDaddy required the transferee’s mailing address and phone number to effectuate the change of ownership of the domain name. Hopkins then pistol whipped the victim several times in the victim’s head. Hopkins also pulled out a Taser and “Tased” the victim several times in his left arm, back, and neck.
Hopkins became more violent, hitting the victim in the head and berated the victim. Hopkins then cocked the gun. Fearing for his life, the victim quickly turned to move the gun away from his head. The victim then managed to gain control of the gun, but during the struggle, he was shot in the leg. The victim shot Hopkins multiple times in his chest. He then contacted law enforcement.
Hopkins is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorneys Tim Vavricek and Dan Tvedt and was investigated by the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-59-LRR.
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Cedar Rapids Felon Sentenced to More than a Decade in Federal Prison for Possessing a GunRead the Press Release
A convicted felon who possessed a gun and fled from police officers, who eventually used a Taser on him, was sentenced today to more than 11 years in federal prison.
Ivan Clark, age 39, from Cedar Rapids, Iowa, received the prison term after a January 11, 2018, guilty plea to one count of being a felon in possession of a firearm.
Information at sentencing showed that Clark’s wife called the police on October 17, 2017. Police responded to Clark’s home, but Clark had already left the home and was in a car. Clark drove away from the officers, who pursued him in a marked squad car with top lights on. Clark drove at speeds approaching 50 mph in a residential area, before driving back to his home with officers still in pursuit. He then tried to get back into his house, but was not able to. Clark resisted arrest and officers eventually had to use a Taser on him. Clark’s blood alcohol level at the time was .091.
In sentencing Clark, the District Court Judge noted that this was Clark’s third conviction in federal court. He had previously been convicted of drug trafficking crimes in Illinois and Iowa federal courts. The judge also noted Clark’s lengthy history of ignoring the law and assaultive behavior, including domestic assault. The judge found Clark was a danger to the community and at high-risk to commit more crimes in the future.
Clark was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Clark was sentenced to 137 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Clark is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-89.
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United States Attorney’s Office and Waterloo Police Department Announce SAFE Initiative to Further Reduce Violent CrimeRead the Press Release
United States Attorney Peter E. Deegan, Jr, Waterloo Police Chief Daniel Trelka, and other community partners today announced a new initiative to enhance efforts to combat violent crime in Waterloo. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of Project Safe Neighborhoods (PSN) and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The Safer Areas For Everyone (SAFE) initiative is an effort by the Waterloo Police Department and the United States Attorney’s Office to implement lessons learned from PSN and other programs over the years and to continue to reduce violent crime in Waterloo.
Since 2009, Waterloo’s overall crime rate has declined by more than 30%. However, certain violent crime continues to warrant special attention. Through a comprehensive strategy building upon the successes already achieved in Waterloo with a community policing philosophy, the Waterloo Police Department and the United States Attorney for the Northern District of Iowa are expanding their collaborative efforts to achieve even greater success through the cutting edge SAFE initiative. Waterloo was chosen to participate in this initiative due to the success already achieved in the city and the detailed data compiled by the police department.
The goal of SAFE is to reduce violent crime and make Waterloo neighborhoods safer for all to enjoy. The initiative includes holding violent offenders accountable, but also intervening in the cycle of criminal behavior that evolves into violent conduct through discussions with the public and encouraging communities to help law enforcement in this effort. SAFE will also seek to support locally-based prevention, rehabilitation, and re-entry efforts, to stop violence and crimes before they occur and to help those who have been punished return to society as law-abiding citizens.
United States Attorney Peter Deegan stated, “Reducing violent crime and protecting our communities remains a top priority for my office.” Deegan added, “We have worked closely with the Waterloo Police Department over the years and the SAFE initiative is the next step in making the streets of Waterloo safer for all members of the community. We will continue to hold the most dangerous criminal offenders accountable, but will also ensure that those who want to be contributing members of society can do so through rehabilitation and successful re-entry. Working with our community partners to provide services and opportunities to those looking to end the cycle of violence will make the streets of Waterloo safer.”
Waterloo Police Chief Daniel Trelka stated, “My department works hard to keep the streets of Waterloo safe for everyone.” Chief Trelka added, “The SAFE initiative will allow us to build upon the successes we have had in the past while looking to make our streets safer in the future. Our partnerships with community members and law enforcement agencies in the area will only grow stronger and will provide paths for success through rehabilitation and community resources.”
Other participants in SAFE are the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Iowa Department of Corrections, the Black Hawk County Attorney’s Office, and members of the community in Waterloo.
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Mexican Man Convicted of Document FraudRead the Press Release
A Mexican man who used a false identification document to obtain a job was convicted by a jury today after a one-day trial in federal court in Cedar Rapids.
Jose Lopez-Garcia, age 35, a citizen of Mexico illegally present in the United States and living in Cedar Rapids, Iowa, was convicted of one count of unlawful use of an identification document. He was found not guilty of one count of misuse of a social security number. The verdict was returned this afternoon following about two hours of jury deliberations.
The evidence at trial showed that Lopez-Garcia used a fraudulent permanent resident card, also known as a “green card,” bearing a number assigned to a female born in Cuba in 1934, when he completed an employment form on November 18, 2016, at a business in Cedar Rapids.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Lopez-Garcia remains in custody of the United States Marshal pending sentencing. Lopez-Garcia faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-24-LRR.
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Fort Dodge Man Pleads Guilty to Meth and Firearm OffensesRead the Press Release
A man who conspired to distribute methamphetamine while possessing a firearm pled guilty June 6, 2018, in federal court in Sioux City.
Carl Douglas Lambert, Jr. 47, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine, one count of distribution of methamphetamine and one count of possession of a firearm in furtherance of drug trafficking.
At the plea hearing, Lambert, Jr. admitted that from January 2017 through December 2017 he and others distributed over three pounds of pure methamphetamine in the Fort Dodge, Iowa area. On November 4, 2017, Lambert, Jr. possessed a .22 caliber pistol in his waistband and over 46 grams of methamphetamine. Lambert, Jr. admitted he intended to distribute the methamphetamine to other person(s) and that he carried the pistol for protection.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Lambert, Jr. remains in custody of the United States Marshal pending sentencing. Lambert, Jr. faces a mandatory minimum sentence of 10 years’ imprisonment, in addition to a consecutive 5 years’ mandatory minimum sentence of imprisonment on the firearm conviction, and a possible maximum sentence of life imprisonment, a $15,250,000 fine, and five years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, Iowa Division of Narcotics Enforcement and Iowa Department of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-3056. Follow us on Twitter @USAO_NDIA.
Guatemalan Man Convicted of Document FraudRead the Press Release
A Guatemalan man who used false identification documents to obtain a job was convicted by a jury on June 5, 2018, after a two-day trial in federal court in Cedar Rapids.
Jose Corio-Raymundo, age 40, a citizen of Guatemala illegally present in the United States, was convicted of one count of unlawful use of an identification document and one count of misuse of a social security number. The verdict was returned yesterday afternoon following about five hours of jury deliberations.
The evidence at trial showed that Corio-Raymundo used a fraudulent Social Security card bearing the social security number assigned to a United States citizen, and a fraudulent State of Iowa identification card when he completed an employment form on October 2, 2013, at a business in Cedar Rapids, Iowa. Corio-Raymundo also used the social security number of the United States citizen on state and federal tax forms. On the employment form, Corio-Raymundo falsely claimed to be a United States citizen. The investigation began when the Iowa Department of Transportation noticed that Corio-Raymundo was trying to register vehicles under a second social security number. Their investigation disclosed that Corio-Raymundo used the social security number to title vehicles, when he was arrested by police on traffic violations, and when he obtained employment at four businesses in Cedar Rapids.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Corio-Raymundo remains in custody of the United States Marshal pending sentencing. Corio-Raymundo faces a possible maximum sentence of 15 years’ imprisonment, a $500 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations and the Iowa Department of Transportation, Bureau of Investigation and Identity Protection.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-08-LRR.
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Media Advisory: Press Conference to Announce SAFE Initiative in WaterlooRead the Press Release
CEDAR RAPIDS, IA – There will be a press conference held on Thursday, June 7, 2018, at 12:00 p.m. in the Harold E. Getty Council Chambers located at 715 Mulberry St., in Waterloo, Iowa. United States Attorney Peter E. Deegan, Jr., Waterloo Police Chief Daniel Trelka, representatives from federal and local law enforcement, and community members will be present at the press conference. The purpose of the press conference is to announce the Safer Areas For Everyone (SAFE) initiative, a new initiative involving law enforcement and the Waterloo community to enhance efforts to combat violent crime.
Other participants in SAFE are the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Iowa Department of Corrections, the Black Hawk County Attorney’s Office, and members of the community. SAFE is an initiative in furtherance of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
Event Details
When: June 7, 2018
Where: Harold E. Getty Council Chambers, 715 Mulberry St., Waterloo
Time: 12:00 p.m.
A press release will be provided and interview opportunities will be available. Follow us on Twitter @USAO_NDIA.