Northern District of Iowa
Press releases recorded for this federal judicial district.
Northern District of Iowa U.S. Attorney’s Office Collected over $5,000,000 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2017Read the Press Release
U.S. Attorney Peter E. Deegan, Jr. announced today that the Northern District of Iowa collected $5,488,359.87 in criminal and civil actions in Fiscal Year 2017. Of this amount, $1,906,625.31 was collected in criminal actions and $3,581,734.56 was collected in civil actions.
Additionally, the Northern District of Iowa worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $3,910,786.48 in civil cases pursued jointly with these offices.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
“We take seriously our duty to collect money owed to taxpayers and crime victims,” Deegan said. “Our total collections over the past fiscal year, once again, exceeded the total amount of our direct budget. Our entire office is committed to holding wrongdoers financially responsible for their actions and sending the message that crime doesn’t pay.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s Office for the Northern District of Iowa, working with partner agencies and divisions, collected $1,643,754 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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Waterloo Man Sentenced to Nine Years in Federal Prison for Unlawfully Possessing GunRead the Press Release
A man who broke into a semi-truck and stole the driver’s firearm was sentenced yesterday to nine years in federal prison.
Willie Johnson, age 46, from Waterloo, Iowa, received the prison term after a June 29, 2017, guilty plea to being a felon in possession of a firearm.
In a plea agreement, Johnson admitted he knowingly possessed the firearm, despite being a felon with previous convictions including assault by display of a weapon, carrying weapons, and possession of crack cocaine with intent to deliver. Evidence at sentencing showed that Johnson obtained the firearm after breaking the windows of a semi-truck during a domestic dispute, and stealing the driver’s firearm when she fled to get help. Johnson was apprehended later that day with the firearm in his possession. Evidence also showed that Johnson, a former Mixed Martial Arts fighter, threatened the driver and her family members on multiple occasions in an attempt to dissuade her from testifying about his theft of the firearm.
Johnson was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Johnson was sentenced to 108 months’ imprisonment. A special assessment of $100 was imposed, and 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.
“Fighting violent crime is one of the highest priorities of this office and the Department of Justice,” said United States Attorney Peter E. Deegan, Jr. “Through Project Safe Neighborhoods, we will continue to work with our law enforcement partners to send armed offenders to prison and make our communities safer.”
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 Attorneys Ravi T. Narayan and Lyndie M. Freeman and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2019.
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Dubuque Men Sentenced for Involvement in Bank Robbery, Selling Heroin, and Possessing FirearmsRead the Press Release
Two Dubuque men who robbed the Fidelity Bank and Trust in Maquoketa, one of whom also sold heroin that led to an overdose and possessed firearms as a felon, were sentenced yesterday and today to federal prison terms.
Gregory Stapleton, age 32, from Dubuque, Iowa, received a 24-year prison sentence after an August 14, 2017, guilty plea to aiding and abetting bank robbery, distribution of heroin, furanyl fentanyl, and acryl fentanyl, resulting in serious bodily injury, and possession of a firearm as a felon.
Dante Rhodes, age 41, also from Dubuque, received a 9-year prison sentence after an August 7, 2017, guilty plea to bank robbery.
At their respective guilty plea hearings, Rhodes and Stapleton both admitted their involvement in robbing the Fidelity Bank and Trust in Maquoketa on March 8, 2017. According to a criminal complaint and sentencing memoranda, as well as information discussed at his sentencing hearing, Rhodes entered the bank, approached a teller, and handed a note that read “Give me your money, I have a gun.” The teller placed over $6,500 into Rhodes’s bag. While Rhodes was in the bank, Stapleton sat in a car across the street, listening to a police scanner. Stapleton had visited the bank the day prior to the robbery to “case” the bank, and provided the cars used by Stapleton and Rhodes in the robbery.
After Rhodes left the bank, he got into his car and drove towards Dubuque. When police attempted to pull him over, Rhodes fled at a high rate of speed. As he was being chased by police, Rhodes drove over 100 miles per hour in busy traffic. Rhodes crashed into multiple vehicles prior to his arrest. One motorist was injured and was taken by ambulance to the hospital.
In addition to his involvement in the March 2017 bank robbery, Stapleton was also sentenced for possessing firearms as a felon in July 2016, and selling heroin in January 2017. Rhodes was not involved in these other crimes.
According to the government’s sentencing memorandum and information discussed at Stapleton’s sentencing, Stapleton, who had multiple prior felony convictions, asked a heroin user to purchase firearms for Stapleton. The heroin user purchased a total of five guns for Stapleton. Stapleton provided heroin in exchange for the firearms. Stapleton, in turn, provided the five guns to his heroin source.
Stapleton sold heroin in the Dubuque area from at least as early as 2016 and up through his arrest in 2017. In January 2017, Stapleton sold a mixture of heroin, furanyl fentanyl, and acryl fentanyl within 1000 feet of a playground. The purchaser of that heroin and fentanyl mixture took the drugs to a third party who used the mixture and sustained a serious bodily injury as a result.
Stapleton and Rhodes were both sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Stapleton was sentenced to 288 months’ imprisonment. Rhodes was sentenced to 108 months’ imprisonment. They were each ordered to make $7,743 in restitution to victims of the bank robbery offense, including the bank and the motorist who was injured in the pursuit. Both Stapleton and Rhodes must serve a 3-year term of supervised release after their respective prison terms. There is no parole in the federal system.
“I want to thank the FBI and our local law enforcement partners for their excellent work on this very important case,” said United States Attorney Peter E. Deegan, Jr. “My office is dedicated to helping keep our communities safe by holding opioid dealers and violent criminals accountable for their actions in federal court.”
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.
Both Stapleton and Rhodes are 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 Justin Lightfoot and investigated by the Federal Bureau of Investigation, the Maquoketa Police Department, the Jackson County Sheriff’s Office, the Dubuque Drug Task Force, 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 number is 17-CR-1022.
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Dubuque Man Convicted of Distributing Heroin that Caused Overdose Death on EasterRead the Press Release
A man who distributed heroin to a woman who died of an overdose in April 2017 was convicted by a jury today after a 3-day trial in federal court in Cedar Rapids.
Richard Leroy Parker, age 47, from Dubuque, Iowa, was convicted of distribution of heroin within 1,000 feet of an elementary school and a playground, resulting in death, and also convicted of possession with intent to distribute heroin within 1,000 feet of an elementary school and a playground. The indictment also alleged that Parker had distributed cocaine that resulted in death, but the jury found Parker not guilty of distributing cocaine. The verdict was returned this afternoon following about 2 hours of jury deliberations.
The evidence at trial showed that Parker obtained several grams of heroin in Chicago in April 2017. On Easter Sunday, Parker brought the heroin to a residence in Dubuque. Parker and others at the residence drank alcohol and smoked crack cocaine throughout the day. Prior to midnight, Parker and a woman went into a back bedroom. While inside the room, Parker gave the woman heroin, which she used. Shortly after using the heroin, E.M. stopped breathing. At approximately 12:20 a.m. on April 17, Parker called 911, and emergency responders arrived at the house. Parker testified that, as emergency responders were attempting to save the woman’s life, he went into another room and hid the remaining heroin in a chair. Investigators later found this heroin. The attempts to resuscitate the woman were unsuccessful, and she was pronounced dead shortly after 1:15 a.m.
“Opioid abuse is at an all-time high in our country, and we all must do our part to combat it,” said United States Attorney Peter E. Deegan, Jr. “This case serves as a sobering example of the human toll of this national crisis. My office will spare no effort to prosecute those who traffic in heroin and contribute to this devastation.”
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Parker remains in custody of the United States Marshal pending sentencing. Due to the fact that he has previously been convicted of four prior felony drug offenses, Parker faces a mandatory minimum sentence of life imprisonment, a $4,000,000 fine, $200 in special assessments, and at least 6 years of supervised release if he is released from imprisonment.
The case was investigated by the Dubuque Drug Task Force and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, 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-1034-LRR.
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Vice-President of Sergeant Bluff Construction Company Receives Sentence for Making False Statements in Connection with a Highway ProjectRead the Press Release
A woman who made false statements in connection with a highway project was sentenced January 12, 2018, to a $34,432.02 fine.
Jenna Danielle Wilson, 31, from Sergeant Bluff, Iowa, received the sentence after an August 7, 2017, guilty plea to making false statements in connection with a highway project.
At her guilty plea, Wilson admitted that between January 28, 2016, and July 28, 2016, she knowingly made false representations, false reports, and false claims with respect to the cost of work performed or to be performed or materials furnished or to be furnished in connection with the construction of a highway or related project approved by the Secretary of Transportation. Wilson, while Vice-President of K&L Inc., also doing business as Circle A Construction Inc., submitted falsified Expanded Polystyrene Fill (EPS) invoices to general contractor, Godbersen-Smith Co., and ultimately, the Iowa Department of Transportation for stockpiled materials on the I-29 Sioux Interchange Project. In all, Wilson fraudulently increased the amounts on the Benchmark invoices by $807,637.10. Because the invoices were paid when they were submitted, the fraudulently inflated invoices, in effect, amounted to Wilson wrongfully writing K&L a no-interest loan, in an attempt to remedy K&L’s cash-flow problems. Wilson saved K&L, through her fraudulent actions, approximately $34,000.
Wilson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wilson was fined $34,432.02. A special assessment of $100 was imposed. She must also serve a two-year term of supervised release.
The case was investigated by the U.S. Department of Transportation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4045.
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Man Convicted of Distributing Heroin and Fentanyl that Caused Near-Death Overdose Sentenced to 30 Years in PrisonRead the Press Release
A man who distributed heroin laced with fentanyl that caused a near-fatal overdose was sentenced on December 27, 2017, to 30 years in federal prison.
Cordero Robert Seals, age 29, from Cedar Rapids, Iowa, received the prison term after a July 19, 2017, jury verdict finding him guilty of one count of distribution of heroin and fentanyl resulting in serious bodily injury and one count of possession with intent to distribute heroin and fentanyl.
Evidence at trial showed Seals sold heroin laced with fentanyl to a man in November 2016. Seals and the man then drove to a convenience store on First Avenue SE in Cedar Rapids, where the man entered the store’s bathroom and injected the heroin/fentanyl mix. Surveillance video from the store showed that about two minutes after the man left the bathroom, he lost consciousness and collapsed at the gas pump. The video showed Seals re-entering the convenience store after the man overdosed, and then looking out to the pumps where the man had collapsed. Seals then left the area without returning to the man’s vehicle. Trial evidence also showed that in April 2017, Seals was arrested for an outstanding warrant by Cedar Rapids Police. During a search, officers found six baggies of heroin laced with fentanyl, as well as nearly $3,800 in cash, in his pockets.
Seals was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Seals was sentenced to 360 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Seals is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Cedar Rapids Police Department and 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.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 CR17-00028-LRR.
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Clear Lake Man Sentenced to Nearly Three Years in Prison After Creating Fake Collateral Documents in Connection with $3.8 Million Loan RequestRead the Press Release
A man who created false documents to convince Farm Credit Services of America (FCSA) to give him and his son loans totaling more than $3.8 million was sentenced yesterday to 33 months in federal prison.
Michael Royster, 53, from Clear Lake received the prison term after a guilty plea to providing false documents to FCSA.
In a plea agreement, Royster admitted that, in an effort to get $3.8 million in credit for 2015 farming expenses, he created fake contracts to mislead FCSA into thinking that local cooperatives or other purchasers were storing more of his and his son’s corn and soybeans than what they actually had in storage. Royster created the fake documents by cutting and pasting additional digits on the actual contracts and then making photocopies of the altered documents. He admitted, for example, to falsifying a contract showing a cooperative had approximately 20,000 bushels of his corn by adding a 1 to make it appear as though the cooperative instead held 120,000 bushels. As part of the plea agreement, Royster admitted to creating and using similar fake documents to get loans in 2011, 2012, and 2013.
Royster was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Royster was sentenced to 33 months’ imprisonment, and a special assessment of $100 was imposed. He was also ordered to make $1,133,821.31 in restitution to FCSA. He must also serve a term of supervised release after the prison term.
The case was prosecuted by Assistant United States Attorney Jacob A. Schunk and 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 17-CR-3018.
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Former Delhi City Clerk Sentenced to over a Year in Federal Prison for Stealing over $100,000 from the CityRead the Press Release
A woman who used her position as the city clerk for the City of Delhi to steal more than $100,000 in public funds was sentenced yesterday to more than a year in federal prison.
Angela Billings from Anamosa, Iowa, received the prison term after a guilty plea to theft from a program receiving public funds.
In a plea agreement, Billings admitted that she held a position of public trust as the city clerk and that her position of trust contributed significantly to the commission and concealment of her crime. She agreed that she stole more than $100,000 from the city by, among other means, using the city’s credit card for personal expenses and adjusting her own utility bills. Billings also agreed she owes more than $130,000 in restitution, which includes costs the city incurred to conduct the audit that discovered the breadth of her crime.
Billings was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Billings was sentenced to 15 months’ imprisonment. A special assessment of $100 was imposed, and she was ordered to pay $133,915.31 in restitution to the city. She must also serve a term of supervised release after the prison term. There is no parole in the federal system.
Public employees hold a special place in our society and are given a great deal of trust,” stated United States Attorney Peter Deegan. “We are committed to holding those employees responsible when they betray that trust by stealing from the communities they are supposed to be serving.”
Billings was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Jacob A. Schunk and 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 17-CR-2032.
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Clinton Felon Sentenced to More Than Twenty Years in Federal Prison after Possessing Loaded Firearm and Then Assaulting Mount Vernon Police OfficerRead the Press Release
An eight-time felon who possessed a loaded firearm, and then assaulted and injured a Mount Vernon police officer during a traffic stop on Highway 30 in February 2017, was sentenced today to more than 20 years in federal prison.
Erwin Keith “Duffy” Bell, age 36, from Clinton, Iowa, received the prison term after a June 14, 2017, guilty plea to being a felon in possession of a firearm and ammunition. At the guilty plea, Bell admitted he possessed a .22 magnum caliber revolver after eight prior felony convictions in Iowa and Illinois for, among other things, possession of controlled substances with the intent to deliver, firearms trafficking, extortion, and burglary.
Evidence at the sentencing hearing showed that Bell was a passenger in a car travelling westbound on Highway 30 on February 4, 2017. When a Mount Vernon police officer attempted to arrest Bell, Bell struck the officer and fled. After a brief chase, Bell “squared off” with the officer and resisted arrest. Bell grabbed the officer’s duty baton and hit the officer with it. Bell also attempted to reach for the officer’s waistband during the struggle. After law enforcement officers subdued Bell, they found a loaded firearm on the ground. Bell later threatened to “beat” the arresting law enforcement officer, spat on another law enforcement officer, and was combative at a Cedar Rapids hospital.
Bell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bell was sentenced to 248 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $400 in restitution the City of Mount Vernon, Iowa. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Bell 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 Tim Vavricek and was investigated by the Federal Bureau of Investigation, the Mount Vernon Police Department, the Lisbon Police Department, the Linn County Sheriff’s Office, the Mechanicsville Police Department, the Iowa State Patrol, the Clinton Police Department, the Davenport Police Department, the Eldridge 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 numbers are 17-mj-65 and 17-cr-27.
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Four People Sentenced to Federal Prison for Defrauding Elderly Victims Throughout the United StatesRead the Press Release
Last week, four people from the Dubuque, Iowa area were sentenced to federal prison for participating in a fraud scheme that targeted more than 250 elderly victims across the United States. The sentences were imposed in Cedar Rapids by United States District Judge Linda R. Reade.
Evidence at the sentencing hearings and prior court hearings showed that Carlos Rodriguez, Michael Marcov, Stephanie Marcov, and Shawn Vaassen were all involved in a scheme to defraud victims, who were generally elderly, around the country. All four previously admitted that while they 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. They further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers. They further admitted that there were participants in and around Dubuque who received wire transfers from the victims and sent the proceeds of the fraud via wire transfer to other participants of the scheme often located in the Dominican Republic
On December 13, 2017, Carlos Rodriguez, age 38, from Galena, Illinois, was sentenced to 79 months in federal prison after a May 9, 2017, guilty plea to one count of wire fraud. At his sentencing hearing, the judge found that Rodriguez was a manager of the fraud scheme and had personally recruited numerous individuals in the Dubuque area to participate in the fraud and then directed their actions. The judge found that Rodriguez was responsible for more than $750,000 in losses to 285 victims. Rodriguez was ordered to pay $774,584.97 in restitution to the victims.
On December 13, 2017, Michael Marcov, age 26, from Hazel Green, Wisconsin, was sentenced to 120 months in federal prison after a May 19, 2017, guilty plea to one count of wire fraud. At his sentencing hearing, the judge found that, after Marcov was recruited by Rodriguez to participate in the scheme, Marcov became a manager of the fraud scheme, recruited others to participate, and directed the actions of those he had recruited. The judge found that Marcov was responsible for nearly $300,000 in losses to 111 victims. In sentencing Marcov, the judge noted his extensive criminal history, including prior convictions for theft and domestic abuse. The judge ordered him to pay $298,314.42 in restitution to the victims.
On December 14, 2017, Stephanie Marcov, age 28, from Hazel Green, Wisconsin, who is married to Michael Marcov, was sentenced to 12 months and one day in federal prison after a May 19, 2017, guilty plea to one count of wire fraud. At her sentencing hearing, the judge found that Stephanie Marcov was responsible for more than $30,000 in losses to 14 victims. The judge ordered her to pay $33,879.30 in restitution to the victims.
On December 14, 2017, Shawn Vaassen, age 22, from Asbury, Iowa, was sentenced to 87 months in federal prison after a March 2, 2017, guilty plea to one count of wire fraud and one count of unlawful possession of a sawed-off shotgun. At his sentencing hearing, the judge found that Vaassen was recruited by Rodriguez to participate in the scheme and later became a manager of the fraud scheme who recruited others to participate and directed the actions of those he had recruited. The judge found that Vaassen was responsible for more than $250,000 in losses to 68 victims. In sentencing him, the judge also noted that Vaassen had unlawfully possessed a sawed-off shotgun in an effort to intimidate some of the individuals he had recruited to participate in the scheme. On September 23, 2016, Vaassen fired the sawed-off shotgun into the ceiling of a room at the Glenview Motel in Dubuque. While no one was shot, Vaassen’s discharge of the gun caused one person to lose hearing in an ear and also damaged the motel room. The judge also ordered Vaassen to pay $177,637.66 in restitution to the victims of the fraud scheme and $303.92 in restitution to the Glenview Motel for the damaged he caused to the hotel room.
All four individuals must also serve a term of supervised release after being released from prison. There is no parole in the federal system.
The prosecutions were 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/.
“Every day, elderly Iowans are plagued by fraudulent calls trying to trick them out of money,” said United States Attorney Peter Deegan. “We will continue to work with our law enforcement and other partners to hold accountable those who prey on others’ generosity and concern for their relatives. This office will also continue to prosecute the most dangerous criminals in our communities, including those like Shawn Vaassen who use firearms and threats of violence to commit their crimes. I thank the Department of Homeland Security and the Dubuque Police Department for their hard work on this case.”
Michael Marcov, Rodriguez, and Vaassen are being held in the United States Marshal’s custody until each can be transported to a federal prison. Stephanie Marcov was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The cases were prosecuted by Assistant United States Attorneys Timothy Vavricek and 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-1001 and 17-CR-1004.
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Fayette County Felon Sentenced to More than Fifteen Years in Federal Prison for Possessing a Shotgun and AmmunitionRead the Press Release
A Fayette County felon, who possessed a shotgun and ammunition in a car in June 2016, was sentenced last week to more than fifteen years in federal prison.
Kyle Dwayne Boleyn, age 42, received the prison term after a June 29, 2017, guilty plea to being a felon in possession of a firearm and ammunition. In a plea agreement, Boleyn admitted that, on June 16, 2016, he was a passenger in a Ford Mustang that was driving the streets of Oelwein, Iowa. When law enforcement officers stopped the Mustang, they found defendant with a shotgun and ammunition. They also found a number of materials that Boleyn intended to use to manufacture methamphetamine, including pseudoephedrine and Coleman fuel. Boleyn already had a warrant for his arrest when he was found with the gun. He also had at least seven prior felony convictions. The convictions include convictions for delivery of methamphetamine, manufacture of methamphetamine, sexual abuse, and violation of a sex offense registry law.
Boleyn was sentenced in Cedar Rapids by United States District Court Judge Mark W. Bennett. Boleyn was sentenced to 188 months’ imprisonment. A special assessment of $100 was imposed. Boleyn must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Boleyn 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 Tim Vavricek and investigated by the Oelwein Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-CR-31. Follow us on Twitter @USAO_NDIA.
Dubuque Man Sentenced to More Than Two Years in Prison for Perjury Before a Federal Grand JuryRead the Press Release
A Dubuque man who committed perjury before a federal grand jury was sentenced last week to more than two years in federal prison.
John Michael Gronen, age 20, from Dubuque, Iowa, received the prison term after a May 25, 2017, guilty plea to making a false declaration before a grand jury. At the plea hearing and in a plea agreement, Gronen admitted that he testified falsely, under oath before a grand jury in the Northern District of Iowa on January 10, 2017. Gronen testified that he had never seen a particular sawed-off shotgun, when he had seen another individual carrying the sawed-off shotgun in September 2016. Further, Gronen falsely testified that no one was using drugs at his house on September 22, 2016, when he actually saw two people using cocaine and marijuana in his basement on that date.
Gronen was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Gronen was sentenced to 27 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Gronen was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Dubuque Police Department. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-31-LRR.
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More Than 20 People Sentenced to Federal Prison for Methamphetamine Trafficking and Money LaunderingRead the Press Release
Over the last year, more than twenty people have been sentenced to federal prison for their roles in a methamphetamine and money laundering conspiracy centered in Marshalltown, Iowa.
Michael Vincent Woodbury Bent, age 38, from Dubuque, Iowa, received a 300-month prison term after a November 15, 2016, guilty plea to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Dennis Sharkey II, age 51, from Dubuque, Iowa, received a 140-month prison term after a November 23, 2016, guilty plea to conspiracy to distribute methamphetamine.
Adam Fullbright, age 38, from Dubuque, Iowa, received a 58-month prison term after a November 23, 2016, guilty plea to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Chris Nauman, age 31, from Dubuque, Iowa, received an 85-month prison term after an October 27, 2016, guilty plea to conspiracy to distribute methamphetamine.
John Husemann, age 52, from Dubuque, Iowa, received a 24-month prison term after a December 21, 2016, guilty plea to conspiracy to distribute methamphetamine.
Heather Harris, age 38, from Waterloo, Iowa, received a 42-month prison term after a November 17, 2016, guilty plea to conspiracy to distribute methamphetamine.
Zach Miller, age 28, from Waterloo, Iowa, received a 90-month prison term after a November 3, 2016, guilty plea to conspiracy to distribute methamphetamine.
Jacob Burton, age 36, from Waterloo, Iowa, received a 154-month prison term after a December 21, 2016, guilty plea to conspiracy to distribute methamphetamine.
Edward Behrens, age 52, from La Crosse, Wisconsin, received a 53-month prison term after a December 28, 2016, guilty plea to conspiracy to distribute methamphetamine.
Chad Ellis Weyland, age 38, from Waterloo, Iowa, received a 144-month prison term after a February 21, 2017, guilty plea to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Deis Ray, age 41, from Waterloo, Iowa, received an 80-month prison term after an October 17, 2016, guilty plea to conspiracy to distribute methamphetamine.
Jay Seehase, age 38, from Waterloo, Iowa, received a 240-month prison term after a February 9, 2017, guilty plea to conspiracy to distribute methamphetamine.
Kevin Hemmer, age 42, from Waterloo, Iowa, received a 78-month prison term after a February 9, 2017, guilty plea to conspiracy to distribute methamphetamine.
Aldo Omar Lopez Martinez, age 23, of Marshalltown, Iowa, received a 360-month prison term, after a March 23, 2017, jury verdict finding him guilty of conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Adan Sanchez-Chavez, age 26, of Marshalltown, Iowa, received a 240-month prison term after a December 29, 2016, guilty plea to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Roque Rodriguez Arellano, age 33, of Marshalltown, Iowa, received a 48-month prison term after a January 3, 2017, guilty plea to conspiracy to distribute methamphetamine.
Susana Martinez Arreola, age 30, of Marshalltown, Iowa, received a 24-month prison term after a December 20, 2016, guilty plea to conspiracy to commit money laundering.
Michael Corwin, age 31, of Marshalltown, Iowa, received a 151-month prison term after a December 1, 2016, guilty plea to conspiracy to distribute methamphetamine.
Alejandro Hernandez, age 39, of Marshalltown, Iowa, received a 42-month prison term after a December 28, 2016, guilty plea to conspiracy to distribute methamphetamine.
Alfredo Morales, age 26, of Des Moines, Iowa, received a 120-month prison term after a December 28, 2016, guilty plea to conspiracy to distribute methamphetamine.
Isaias Lopez Martinez, age 40, of Marshalltown, Iowa, received a 144-month prison term after a May 4, 2017, guilty plea to conspiracy to distribute methamphetamine.
Ashley Marie Dean, age 30, of Waterloo, Iowa, received a 65-month prison term after a May 8, 2017, guilty plea to conspiracy to distribute methamphetamine.
Evidence at trial, and other court hearings throughout the case, showed that as early as the summer of 2013, a group of individuals agreed with each other to distribute methamphetamine. The group was centered in Marshalltown, Iowa, and was responsible for distributing hundreds of pounds of ice methamphetamine throughout Northern Iowa. Members of the conspiracy returned cash from the sale of methamphetamine to Mexico, either by wire transfer or by using cars to smuggle cash across the border. The investigation cumulated on May 9, 2016, when investigators executed 29 search warrants in Iowa and Wisconsin, and seized over $250,000, six pounds of methamphetamine, and 14 firearms. The methamphetamine had a street value of approximately $272,880.
All defendants were sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand and were ordered to pay a special assessment and to serve a term of supervised release after their prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was 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 Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), and Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 16-cr-1021, 16-cr-2027, 16-cr-2028, 16-cr-2046, and 17-cr-2025.
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Illegal Alien from Mexico Sentenced to Prison after Returning to the United States Following Two DeportationsRead the Press Release
A Mexican man who had previously been deported two times was sentenced on December 12, 2017, to 18 months in federal prison.
Ramiro Abarca-Martinez, age 29, a native and citizen of Mexico illegally residing in Tama County, Iowa, received the prison term after a September 14, 2017, guilty plea to illegal reentry of a removed alien after a felony conviction.
Abarca-Martinez admitted he illegally reentered the United States without permission in 2014 after having been deported from the United States in November 2009 and in November 2012. Abarca-Martinez was first deported in 2009 after being convicted in Idaho of felony possession of cocaine. On August 3, 2017, Abarca-Martinez was convicted in Iowa District Court for Tama County of the felony offense of burglary in the third degree.
Abarca-Martinez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Abarca-Martinez was sentenced to 18 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Abarca-Martinez 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 17-CR-58.
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Waterloo Man Sentenced to a Decade in Federal Prison for Unlawfully Possessing GunRead the Press Release
A man who fired shots at a campus church was sentenced today to the statutory maximum of 10 years in federal prison.
Darius Devon Nickelous, age 23, from Waterloo, Iowa, received the prison term after a June 1, 2017, jury verdict finding him guilty of being a prohibited person in possession of a firearm.
Evidence at trial showed that Nickelous fired a revolver multiple times at the Wesley Foundation Church on January 17, 2017, during a party hosted by a fraternity. The Wesley Foundation Church is located on the University of Northern Iowa’s campus in Cedar Falls. Nickelous fled the scene, but was quickly located by the Cedar Falls Police Department. Nickelous attempted to hide the revolver by a vehicle parked on the street. Officers recovered the gun, which had five spent casings inside, and detained Nickelous. Nickelous, who was extremely intoxicated, had an injury to his arm that was consistent with being grazed by a gunshot. Nickelous was unable to tell officers how he received the injury. No one else was injured. Nickelous was prohibited from possessing the gun because he was an unlawful drug user, had prior felony convictions and had prior misdemeanor domestic abuse convictions.
Nickelous was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Nickelous was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.
Nickelous 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 Emily K. Nydle and Ravi T. Narayan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cedar Falls Police Department, the Waterloo Police Department, and the Iowa Department of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-02016
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Spirit Lake Man with Prior Drug Conviction Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man was sentenced today, December 11, 2017, to more than 10 years in federal prison.
Jesse Lee Wrinkle, 35, from Spirit Lake, Iowa, received the prison term after an August 3, 2017 guilty plea to one count of conspiracy to distribute methamphetamine.
In a plea agreement, Wrinkle admitted that he traveled to Council Bluffs, Iowa, to purchase methamphetamine. From November 2015 through April 2016, defendant made approximately twelve trips to Council Bluffs and picked up anywhere between one to three ounces of methamphetamine each time. On February 20, 2017, law enforcement conducted a traffic stop on Wrinkle and seized almost half a pound of methamphetamine, 61.1 grams of marijuana, and $1500. In addition, Wrinkle had a previous Dickinson County conviction for possession with the intent to distribute methamphetamine from 2016.
Wrinkle was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wrinkle was sentenced to 121 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Wrinkle is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Ajay J. Alexander and investigated by the Dickinson County Sheriff’s Office, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4035-LTS.
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Leader of “We the Best” Heroin Ring Convicted of Conspiring to Distribute More Than a Kilogram of HeroinRead the Press Release
A man who led a long-running heroin distribution organization in Cedar Rapids known by customers as “We the Best” was convicted by a jury today, after a five-day trial in federal court in Cedar Rapids.
Antonio Alonzo Outlaw, age 40, from Chicago, Illinois, and Cedar Rapids, Iowa, was convicted of conspiring to distribute a kilogram or more of heroin and aiding and abetting the distribution of heroin. The verdict was returned this morning following about three hours of jury deliberation.
The evidence at trial showed that Outlaw ran a heroin distribution operation in Cedar Rapids since at least 2013, and continuing until January 2017. Witnesses testified that Outlaw’s operation was commonly known to customers as “We the Best” because of a signature line commonly included on text messages sent out by members of the group. After making a phone call to the “We the Best” phone, customers would meet with Outlaw or one of his “runners” to purchase the heroin. In September 2017, Outlaw pleaded guilty to two counts of distributing heroin in 2013.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Outlaw remains in custody of the United States Marshal pending sentencing. Outlaw faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, $23,000,000 in fines, $400 in special assessments, and a lifetime of supervised release following any imprisonment.
The case 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; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement and is being prosecuted by Assistant United States Attorneys Dan Chatham and Emily Nydle.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-91-LRR.
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Investiture Ceremony Held for United States Attorney Peter E. Deegan Jr.Read the Press Release
Cedar Rapids, Iowa. – A formal investiture ceremony was held today for United States Attorney Peter E. Deegan, Jr. at the federal courthouse in Cedar Rapids, Iowa. Chief United States District Judge Leonard T. Strand presided over the ceremony which was attended by several members of the legal and law enforcement communities. United States District Judge Linda R. Reade administered the ceremonial oath of office.
Mr. Deegan was nominated by President Donald Trump on July 19, 2017, and unanimously confirmed by the United States Senate on September 14, 2017. He has been serving as United States Attorney since September 21, 2017.
“A United States Attorney takes the oath of office in public to mark an important transition in leadership,” said Deegan. “But every member of our office takes the same oath their very first day on the job. I am very proud to serve as United States Attorney for this District and to work, every day, with the dedicated men and women of our office to do justice and uphold the rule of law.”
As United States Attorney, Mr. Deegan is the top-ranking federal law enforcement official in the Northern District of Iowa. He oversees a staff of 46 employees, including 25 attorneys and 21 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Mr. Deegan’s career as a federal prosecutor began in 1998 when he joined the Northern District of Iowa’s Sioux City branch office as a Special Assistant United States Attorney employed through the Iowa Attorney General’s Office. Mr. Deegan prosecuted methamphetamine manufacturers and traffickers as part of the Midwest
High Intensity Drug Trafficking Area’s methamphetamine initiative. In 1999, as an Assistant United States Attorney, he began prosecuting a full variety of federal criminal cases from narcotics and violent crime to complex fraud, child sexual exploitation, and business crimes. Mr. Deegan moved from Sioux City to the Cedar Rapids office in 2001.
From 2004 to 2006, Mr. Deegan served as an Assistant United States Attorney in Detroit where he prosecuted general criminal matters including alien smuggling, medical device smuggling, and financial fraud. He also successfully tried a Detroit police detective and his brother for bank robbery conspiracy.
After returning to Cedar Rapids in 2006, Mr. Deegan prosecuted the two largest financial fraud cases in the history of the district. These included a $215,000,000 fraud committed by the owner of Peregrine Financial Group, Inc. He also co-led the investigation and prosecution of a large-scale criminal immigration enforcement action and the subsequent prosecution of several employer personnel for alien harboring and related offenses. In recent years, Mr. Deegan led the investigation and prosecution of federal Food, Drug, and Cosmetic Act and public corruption crimes related to the largest food-borne salmonella outbreak in the nation’s history.
From 2015 until becoming United States Attorney, Mr. Deegan served as the Chief of the Criminal Division in the Northern District of Iowa.
Mr. Deegan has received several Department of Justice honors and awards for his work as a federal prosecutor, including the Executive Office for United States Attorney’s Director’s Award and a Special Commendation award from the Civil Division.
Mr. Deegan has taught Federal White Collar Crime as an adjunct professor at the University of Iowa Law School. He has also served as a regular trial advocacy instructor at the Department of Justice’s National Trial Advocacy Center in Columbia, South Carolina, and as a visiting trial advocacy instructor at the University of Notre Dame Law School. Mr. Deegan has served on multiple boards and service committees.
Mr. Deegan earned a bachelor’s degree in Philosophy and Middle East Studies from the University of Notre Dame in 1992 and received his law degree from Wayne State University Law School in 1995. Prior to joining the office, he clerked for United States District Judge Lawrence P. Zatkoff in the Eastern District of Michigan. He also practiced law in Chicago where he represented small businesses in labor and employment related litigation. He is a member of the State Bars of Iowa and Michigan and an inactive member of the State Bar of Illinois. He lives in Cedar Rapids with his wife and seven children.
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Waterloo Man Charged with Possessing a FirearmRead the Press Release
Armando Adame, age 21, from Waterloo, Iowa, has been charged with one count of being a felon in possession of a firearm. The charge is contained in a complaint unsealed today in United States District Court in Cedar Rapids.
The complaint alleges that on November 17, 2017, Adame possessed a firearm, specifically a sawed-off Iver Johnson Arms & Cycle Works 12 gauge shotgun. Investigators located the firearm after searching a residence in Waterloo where they found Adame sleeping. Investigators seized the firearm from a backpack containing other items belonging to Adame. During an examination of the firearm, investigators located a latent print consistent with Adame’s palm print on it. The complaint further alleges that Adame is prohibited from possessing firearms because of two prior felony convictions, namely conspiracy to commit a forcible felony and felon in possession of a firearm.
If convicted, Adame faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Adame appeared today in federal court in Cedar Rapids and was held without bond. Adame’s next appearance for an arraignment will be set for a future date.
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 was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sherriff’s Office, and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-mj-396.
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Waterloo Man Charged with Possessing a FirearmRead the Press Release
Armando Adame, age 21, from Waterloo, Iowa, has been charged with one count of being a felon in possession of a firearm. The charge is contained in a complaint unsealed today in United States District Court in Cedar Rapids.
The complaint alleges that on November 17, 2017, Adame possessed a firearm, specifically a sawed-off Iver Johnson Arms & Cycle Works 12 gauge shotgun. Investigators located the firearm after searching a residence in Waterloo where they found Adame sleeping. Investigators seized the firearm from a backpack containing other items belonging to Adame. During an examination of the firearm, investigators located a latent print consistent with Adame’s palm print on it. The complaint further alleges that Adame is prohibited from possessing firearms because of two prior felony convictions, namely conspiracy to commit a forcible felony and felon in possession of a firearm.
If convicted, Adame faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Adame appeared today in federal court in Cedar Rapids and was held without bond. Adame’s next appearance for an arraignment will be set for a future date.
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 was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sherriff’s Office, and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-mj-396.
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Waterloo Man Sentenced to 41 Months in Federal Prison for Stealing a GunRead the Press Release
A man who stole a gun from a licensed Waterloo firearms dealer was sentenced on November 30, 2017, to more than three years in federal prison.
Sahjit Mcyle Philips, age 19, from Waterloo, Iowa, received the prison term after a June 1, 2017, guilty plea to theft of a firearm from a licensed firearms dealer.
In a plea agreement, Phillips admitted going to Levi Brothers Jewelers in Waterloo while the store was open. When an employee who was assisting him stepped away, Phillips stole a .45 caliber firearm. Phillips ran from the store with the gun. He then went to and entered an apartment without knowing who lived there. Phillips took a cell phone from the resident and hid the gun in a closet. Law enforcement arrested Phillips a short time later near the apartment and recovered the gun.
Phillips was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Phillips was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Phillips currently has charges pending in Black Hawk County for intimidation with a dangerous weapon, willful injury-causing bodily injury, and carrying weapons relating to an incident on March 7, 2017. In those charges, Phillips is alleged to have pulled a firearm from his waistband and fired multiple shots at another individual, hitting him in the buttocks. As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Federal Bureau of Investigation, Waterloo Police Department, Black Hawk County Sheriff’s Office, and ATF.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-02001-01.
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Media AdvisoryRead the Press Release
There will be an Investiture Ceremony for United States Attorney Peter E. Deegan, Jr. on Friday, December 8, 2017, at 3:00 p.m. The ceremony will be held in Courtroom 1 of the federal courthouse located at 111 Seventh Avenue SE, Cedar Rapids, Iowa.
Credentialed members of the press are invited to use camera equipment during the ceremony. Use of camera equipment is otherwise prohibited in the federal courthouse.
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Local Investigative Team Wins Federal Law Enforcement Award for Murder InvestigationRead the Press Release
On November 30, 2017, five members of the team that investigated the May, 2011 killing of Tony Canfield were recognized for their efforts with the Federal Law Enforcement Officers Association (FLEOA) national group achievement award. The award ceremony took place at the Sioux City Police Department.
The FLEOA was founded in 1977, and is a non-profit organization that represents federal law enforcement agents across the nation, and currently represents more than 25,000 federal law enforcement agents from over 65 different agencies.
The recipients of the FLEOA award were FBI Special Agent Jonathan Moeller, Northern District of Iowa Assistant United States Attorney Forde Fairchild, Sioux City Police Department Detectives Heather Albrecht and Mike Simons and Minnehaha County Sheriff’s Office Captain Mike Walsh.
The national award stems from the recipients’ group efforts in the investigation of Sioux City resident Tony Canfield’s murder. The case began on May 1, 2011, when Mr. Canfield and his wife were robbed at gunpoint by three men. One of the robbers held and brutalized the wife, while the other two physically robbed Mr. Canfield of marijuana and cash. Mr. Canfield resisted his attackers and attempted to escape the robbery by fleeing his home. While fleeing, Mr. Canfield was shot and killed on his front porch. The crime went unsolved for five years, owing to the fact there was no forensic evidence identifying the perpetrators, and neither the murder weapon, nor any shell casings were recovered at the scene. In addition, the wife could not identify the robbers as they were wearing masks. Nonetheless, through dogged investigative work, which included numerous interviews conducted in a number of different states, the perpetrators were arrested and prosecuted. In 2016, all three defendants were convicted, and sentenced. The sentences ranged from 20 to 35 years’ imprisonment.
United States Attorney for the Northern District of Iowa Peter Deegan stated: “Our office is proud to count Assistant United States Attorney Forde Fairchild among those who helped bring Canfield’s ruthless killers to justice. The investigative team represents the very best in cooperative law enforcement and is most deserving of this prestigious award.”
Sioux City Police Chief Rex Muller added: “We are extremely proud of the working relationship we have with the local FBI Office and United States Attorney’s Office. This was a particularly challenging case that required the resources of multiple agencies to lead to a successful prosecution. These criminals presented a significant danger to the general public if not identified and arrested. The efforts of the investigators and prosecutors in this case over a five year period are a testament to their dedication to bring justice to this case, as well as bring some closure to the family of Tony Canfield. It is a fine example of the strong cooperation and capability that exists within Northwestern Iowa law enforcement community.”
In praising the investigative team, Minnehaha County Sheriff Mike Milstead said: “I’m proud that Captain Mike Walsh was able to provide valuable assistance to this joint investigation and help bring those responsible to justice. The team’s dedication, thoroughness and persistence paid off in ways far beyond the award they received today.”
Finally, FBI Special Agent Jon Moeller, a member of the award winning team, said: “Although this investigation took five years, it never really went ‘cold’. Diligently and persistently a team of investigators and analysts - spread over five states - and from multiple agencies, never stopped working this case. Together we brought three killers to justice, brought closure to the friends and family of Mr. Canfield, and a renewed sense of security to the whole community. It is an honor and privilege to work with these folks on a daily basis.”
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Fort Dodge Man Sentenced to Federal Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
A man who possessed with the intent to distribute methamphetamine was sentenced on November 28, 2017, to more than 14 years in federal prison.
Gary Darnell Black, 44, from Fort Dodge, Iowa, received the prison term after an August 8, 2017, guilty plea to one count of possessing with the intent to distribute methamphetamine.
In a plea agreement, defendant admitted that, during a traffic stop, he possessed approximately 64 grams of actual (pure) methamphetamine, 1.687 kilograms of marijuana, a digital scale, and drug paraphernalia.
At sentencing, the government presented evidence that Black had accumulated 48 criminal convictions since 1993. Evidence also showed that Black had been convicted and/or incarcerated in 23 of the past 24 years. His prior convictions included drug offenses, theft offenses, assaults, and interference with official acts, one of which resulted in an officer sustaining serious head and neck injuries.
Black was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Black was sentenced to 178 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Black is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Ajay Alexander and investigated by the Iowa Division of Narcotics Enforcement, Sac County Sheriff’s Office, and Storm Lake Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4032.
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Media Advisory: Local Investigative Team Wins Federal Law Enforcement Award for Murder InvestigationRead the Press Release
On November 30, 2017, five members of the team that investigated the May, 2011 killing of Tony Canfield will be recognized for their efforts with the Federal Law Enforcement Officers Association (FLEOA) national group achievement award. The award ceremony will take place at the Sioux City Police Department at 4:30 p.m., and will be followed by a press conference.
The FLEOA was founded in 1977, and is a non-profit organization that represents federal law enforcement agents across the nation, and currently represents more than 25,000 federal law enforcement agents from over 65 different agencies.
The recipients of the FLEOA award are FBI Special Agent Jonathan Moeller, Northern District of Iowa Assistant United States Attorney Forde Fairchild, Sioux City Police Department Detectives Heather Albrecht and Mike Simons and Minnehaha County Sheriff’s Office Captain Mike Walsh. The national award stems from the recipients’ group efforts in the investigation of Sioux City resident Tony Canfield’s murder. The case began on May 1, 2011, when Mr. Canfield and his wife were robbed at gunpoint by three men. One of the robbers held and brutalized the wife, while the other two physically robbed Mr. Canfield of marijuana and cash. Mr. Canfield resisted his attackers and attempted to escape the robbery by fleeing his home. While fleeing, Mr. Canfield was shot and killed on his front porch. The crime went unsolved for five years, owing to the fact there was no forensic evidence identifying the perpetrators, and neither the murder weapon, nor any shell casings were recovered at the scene. In addition, the wife could not identify the robbers as they were wearing masks. Nonetheless, through dogged investigative work, which included numerous interviews conducted in a number of different states, the perpetrators were arrested and prosecuted. In 2016, all three defendants were convicted, and sentenced. The sentences ranged from 20 to 35 years’ imprisonment.
Press releases and interview opportunities will be available.
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Jury Finds Waterloo Man Guilty of Sending Threatening Tweets to United States Senator Joni K. ErnstRead the Press Release
A man who sent threatening “tweets” on the Internet to United States Senator Joni K. Ernst was convicted by a jury today, after a one-day trial in federal court in Cedar Rapids.
Joseph Hilton Dierks, 34, from Waterloo, Iowa, was convicted of all three counts of sending threatening communications in interstate commerce. The verdict was returned around 1 p.m. today, following about five hours of jury deliberations.
The evidence at trial showed that, in August 2017, Dierks began sending Senator Ernst tweets from his Twitter account to her Twitter accounts. On August 13, 2017, Dierks sent Senator Ernst a tweet that stated, “I just want u to know I’d put a bullet in your head if u were my wife . . . not that I’ll ever have one,” with a link to a scene from the 2010 English-language French action film “From Paris with Love,” in which a man shoots a woman in the head and kills her. 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. The jury found Dierks sent the following three threats to Senator Ernst on August 16, 2017:
“I’ll beat ur ass in front of ur widow I promise that”;
“I’ll f u up seriously in my sleep”; and
“@joniernst u r sn army bitch and I’ll @USMC u tf up :)(:”.
Witnesses testified at trial that defendant sent the threatening tweets to Senator Ernst because he wanted her to help him obtain an age-waiver to get into the military. The jury rejected the defendant’s argument that he was just an “Internet troll” who did not intend to threaten Senator Ernst and did not know that his tweets would be viewed as threatening. Trial evidence showed Dierks sent Senator Ernst other tweets, including “i want u to die sorry not sorry”; “I’ll flatline ur ass like @tendoublezero lol”; “@joniernst deserves death”; “i didn’t kill u cuz I have a message for u”; and “U were almost a widow . . . .”
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Dierks remains in custody of the United States Marshal pending sentencing. Dierks faces a possible maximum sentence of fifteen years’ imprisonment, a $750,000 fine, $300 in special assessments, and nine years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and Richard L. Murphy and was investigated by the Federal Bureau of Investigation, with the assistance of the United States Capitol Police.
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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Five People Plead Guilty to Participating in Fraud that Targeted Elderly Victims Throughout the United StatesRead the Press Release
Five people from the Dubuque, Iowa area who participated in a scheme to defraud victims across the United States have pled guilty in federal court in Cedar Rapids.
Tiffany Reynolds, age 32, Joshua Willis, age 21, Payton McCarville, age 23, Morgan Cornell, age 20, and Paul Chase, age 34, all pled guilty over the last week and each was convicted of one count of wire fraud.
At their plea hearings, all five individuals admitted participating in a scheme to defraud people throughout the United States and that the fraud was primarily targeted towards the elderly. They each admitted that other individuals 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 MoneyGram to get the relative released. Each defendant further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers and each admitted being one of the participants in and around Dubuque who received wire transfers from the victims.
Sentencing for each individual before United States District Court Judge Linda R. Reade will be set after presentence reports are prepared. Willis remains in custody of the United States Marshal pending sentencing. Reynolds, McCarville, Cornell, and Chase remain free on bond previously set. Each person faces a possible maximum sentence of 20 years’ imprisonment, a fine, and 3 years of supervised release following any imprisonment.
Five other people have previously pled guilty to their roles in the scheme. On March 2, 2017, Shawn Vaassen pled guilty and admitted that he too was picking up wire transfers sent to the Dubuque area by victims. At the same plea hearing, Vaassen also pled guilty to unlawfully possessing a sawed off shotgun. On May 9, 2017, Carlos Rodriguez pled guilty and admitted that he was also picking up wire transfers sent to the Dubuque area by victims. Michael and Stephanie Marcov, a married couple, each pled guilty to wire fraud on May 19, 2017, and admitted to picking up wire transfers sent by victims. On October 19, 2017, Tobey Hines pled guilty and admitted that he was also picking up wire transfers sent by victims.
The cases are being prosecuted by Assistant United States Attorneys Timothy Vavricek and Anthony Morfitt and were 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-1001, 17-CR-1004, and 17-CR-1038.
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Orange City Man Pleads Guilty to Manufacturing Anabolic SteroidsRead the Press Release
A man who manufactured anabolic steroids pled guilty on November 20, 2017, in federal court in Sioux City.
James Nhan, 23, from Orange City, Iowa, was convicted of one count of manufacturing anabolic steroids, which are Schedule III controlled substances.
In a plea agreement, Nhan admitted that, from late 2014 until December 15, 2015, he manufactured anabolic steroids and intended to distribute some of the steroids to various customers. In December 2015, law enforcement executed a search warrant on Nhan’s residence and seized numerous vials containing anabolic steroids, as well as laboratory equipment, packing material, labels, and sheets of papers listing the names and addresses of individuals who had purchased or intended to purchase anabolic steroids.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Nhan remains free on bond pending sentencing. Nhan faces a possible maximum sentence of 10 years’ imprisonment, a $500,000 fine, $100 in special assessments, and at least 2 years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Ajay Alexander and was investigated by the Federal Bureau of Investigations, Drug Enforcement Administration, Iowa Division of Criminal Investigations, Sioux County Sheriff’s Office, Orange City Police Department, Sioux County Attorney’s Office, Department of Homeland Security, Nebraska State Patrol, and Food Drug Administration – Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4050-LTS.
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Kenyan Man Convicted of Illegally Possessing a FirearmRead the Press Release
Kevin Oscar Naholi, age 40, a Kenyan citizen previously residing in southwest Cedar Rapids, Iowa, was convicted by a federal jury today, following a one day trial, on one count of possessing a firearm as an alien unlawfully in the United States and after having been previously convicted of a misdemeanor crime of domestic violence.
Evidence presented at trial showed that at about 6:00 pm on Saturday evening, August 26, 2017, Naholi was outside his residence and pointed a .22 caliber Winchester rifle at a neighbor and her two small children who were returning home from dinner at a nearby restaurant. The neighbor and her children ran to a nearby house where she called 9-1-1. By the time police responded, Naholi had retreated into his residence and an eleven-hour standoff ensued. Cedar Rapids Police attempted to negotiate with Napoli during that time but he refused to come out of the residence. At about 4:30 a.m. on August 27, 2017, a special response unit of the Cedar Rapids Police Department safely entered the residence and took Naholi into custody. Police seized the .22 caliber rifle from a bedroom in the residence
The complaint originally filed in the case alleged that Naholi entered the United States from Kenya in 2003 on a student visa. However, when Naholi failed to register for classes as required by the visa, the visa was revoked in 2004. Naholi subsequently sought unsuccessfully to gain lawful status in the United States.
Naholi faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment. Naholi will also likely be deported from the United States.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations 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-00070- LRR.
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Fort Dodge Man to Federal Prison for Firearm ConvictionRead the Press Release
A man who illegal possessed firearms was sentenced November 9, 2017, to more than 8 years in federal prison.
Johnathan Edward Meier, 34, from Fort Dodge, Iowa received the prison term after a June 6, 2017, guilty plea to being a felon in possession of firearms.
At the plea hearing, Meier admitted that on February 14, 2016, he possessed two firearms, namely a Harrington & Richardson .38 caliber pistol and a Hi-Point 9mm pistol. Meier also admitted that at the time he also possessed 30 grams of marijuana, and drug use and distribution paraphernalia. Meier was previously convicted of four separate state criminal offenses, punishable by more than one year, namely: (1) Burglary in the Third Degree and Trafficking in Stolen Weapons in the Iowa District Court for Pocahontas County on or about March 4, 2003; (2) Burglary in the Third Degree, on or about November 16, 2009, in the Iowa District Court for Emmet County; (3) Sale or Transport of a Controlled Substance, on or about June 6, 2013, in the Superior Court of California, Orange County; and (4) Possession of Marijuana, more than one pound, on or about September 22, 2014, in Nebraska District Court for York County.
Meier was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Meier was sentenced to 103 months’ imprisonment. A special assessment of $100. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Meier 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 Shawn S. Wehde and was investigated by the Fort Dodge Police Department 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 16-3013. Follow us on Twitter @USAO_NDIA.
Fort Dodge Man Sentenced to Two Years in Prison for Violating Federal Supervised ReleaseRead the Press Release
A man who failed to comply with conditions of federal supervised release was sentenced November 14, 2017, to two years in federal prison.
Sterling Lee Clark, 27, from Fort Dodge, Iowa, was originally sentenced in federal district court for the Northern District of Iowa, on April 9, 2012, to 57 months’ in prison for possession of a firearm by a felon. Clark was released on three years’ of federal supervised release on June 10, 2016. At his revocation hearing, Clark admitted violations which included four separate deliveries of cocaine in August/September 2016, to which he pled guilty in Webster County, Iowa District Court and for which he was sentenced to 10 years’ in state prison in November 2016. Clark was released on state parole in October 2017, and transferred to federal custody for disposition of his federal supervised release violations.
On November 14, 2017, The Honorable Mark W. Bennett, federal district court judge, revoked Clark’s federal supervised release and sentenced Clark to 24 months’ imprisonment with an additional 12 months’ of supervised release to follow his term of imprisonment. Clark 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 Shawn S. Wehde and investigated by U.S. Probation Office, Fort Dodge Police Department, Webster County Sheriff’s Office and Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 11-3034.
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Former Bank Employee Sentenced to Federal Prison for Embezzling Nearly $300,000Read the Press Release
A woman who embezzled bank funds was sentenced November 14, 2017, to six months of incarceration.
Cindy Harris, 51, currently from Missoula, Montana, received the prison term after a June 22, 2017, guilty plea to one count of bank theft, embezzlement and misapplication of funds.
At the guilty plea, Harris admitted that from about 2002 and continuing through about July 2013, when she was an employee of the Emmet County State Bank, she willfully embezzled approximately $299,327.50, in cash and coin from the bank vault without the permission of the bank and with the intent to defraud the bank.
Harris was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Harris was sentenced to three months in federal prison, to be followed by three months of electronically monitored home confinement. A special assessment of $100 was imposed, and she was ordered to make restitution in the amount of, $299,327. Harris must also serve a four-year term of supervised release after the prison term.
The case was investigated by the Federal Bureau of Investigation, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-3022. Follow us on Twitter @USAO_NDIA.
Illegal Alien from Mexico Sentenced to Prison after Returning to the United States Following Four DeportationsRead the Press Release
A Mexican man who had previously been deported four times was sentenced on November 9, 2017, to five months in federal prison.
Eliceo Tecpile-Tzompaxtle, age 35, a native and citizen of Mexico illegally residing in New Vienna, Iowa, received the prison term after a September 19, 2017, guilty plea to misuse of a Social Security Number and illegal reentry of a removed alien.
Tecpile-Tzompaxtle admitted he illegally reentered the United States without permission after having been deported from the United States in 2002, 2007, and twice in 2008. Tecpile-Tzompaxtle also admitted that after illegally returning to the United States, he used a fraudulent Social Security Number when he completed state and federal tax forms in December 2014 at a company in New Vienna, Iowa, where he unlawfully worked.
Tecpile-Tzompaxtle was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Tecpile-Tzompaxtle was sentenced to five 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.
Tecpile-Tzompaxtle 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 17-Cr-2063.
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Dubuque Man Sentenced to over Three Years’ Imprisonment for Unlawfully Possessing FirearmRead the Press Release
A man who shot his brother-in-law was sentenced yesterday to over three years in federal prison.
David M. Caldwell, age 27, from Chicago, Illinois, received the prison term after a July 6, 2017, guilty plea to possession of a firearm by a drug user.
In a plea agreement, Caldwell admitted that he traveled with his brother-in-law from Chicago to a party in Dubuque, Iowa, on February 2, 2017. Caldwell brought marijuana and ecstasy pills to the party. Early the next morning, Caldwell’s brother-in-law attempted to stop an intoxicated Caldwell from driving home, causing a fight. Caldwell retrieved a revolver from his car, shot his brother-in-law through the left thigh, and drove away. Police officers stopped Caldwell in Elizabeth, Illinois, where they found the revolver hidden under a fuse panel in his car.
Caldwell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. At the sentencing hearing, Judge Reade noted the extreme dangerousness of Caldwell’s actions. Caldwell was sentenced to 37 months’ imprisonment and a special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Caldwell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by the Dubuque Police Department, the Jo Daviess County Sheriff’s Office, 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 17-CR-1016-LRR.
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Two Illegal Aliens Sentenced to Prison for Selling Identification Documents and Aggravated Identity TheftRead the Press Release
Two illegal aliens who sold real identification documents belonging to United States citizens were each sentenced November 8, 2017, to over three and one-half years in federal prison.
Ari Hernandez-Chacon, age 47, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, received the prison term after a June 22, 2017 guilty plea to one count of possession with intent to transfer identification documents and one count of aggravated identity theft. In a plea agreement, Hernandez-Chacon admitted that on February 25, 2016, he sold three real Social Security cards and three real birth certificates to an undercover agent, knowing that the documents belonged to United States citizens. Hernandez-Chacon admitted that the identities sold were real and had no arrest records to avoid problems for the person using the stolen identities.
Magali Marroquin-Garcia, age 38, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, received the prison term after a June 22, 2017 guilty plea one count of possession with intent to transfer identification documents and one count of aggravated identity theft. In a plea agreement, Marroquin-Garcia admitted that on May 12, 2016, she sold three real Social Security cards and three real birth certificates to an undercover agent, knowing that the documents belonged to United States citizens.
Hernandez-Chacon and Marroquin-Garcia were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.
Hernandez-Chacon was sentenced to 43 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a three-year term of supervised release after the prison term.
Marroquin-Garcia was sentenced to 43 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Chacon and Marroquin-Garcia are 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 Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-10.
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Cedar Rapids Man Sentenced to over 17 Years in Federal Prison for Distribution of Child PornographyRead the Press Release
A man who distributed child pornography was sentenced today to over 17 years in federal prison.
Scott Ristine, age 40, from Cedar Rapids, Iowa, received the sentence after a July 14, 2017 guilty plea to one count of distribution of child pornography. At the plea hearing, Ristine admitted that, in 2015, he knowingly distributed child pornography. He also admitted that he was convicted of receipt of child pornography in the Northern District of Iowa in 2002.
Ristine was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Ristine was sentenced to 210 months’ imprisonment. A special assessment of $100 was imposed, and Ristine must also serve a 10-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 the Cedar Rapids 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 17-37.
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Three Cuban Nationals Convicted of Credit Card Fraud and Identity TheftRead the Press Release
Three Cuban nationals who traveled across Iowa while using stolen identities and credit and debit card numbers pled guilty in federal court in Cedar Rapids.
Pedro Alvarez Rodriguez, age 36, from Miami, Florida, was convicted of aggravated identity theft and conspiracy to commit access device fraud on September 21, 2017. Dunieski Santana Moreno, age 26, from Miami, Florida, was convicted of aggravated identity theft and conspiracy to commit access device fraud on November 1, 2017. Liliany de Armas Mena, age 21, from Louisville, Kentucky, was convicted of aggravated identity theft and conspiracy to commit access device fraud on November 1, 2017. Though living in the United States, all three are Cuban citizens.
In their plea agreements, Alvarez Rodriguez, Santana Moreno, and de Armas Mena admitted that in January and February of 2017, they used counterfeit cards with account information stolen from at least thirty-five accounts. They used the counterfeit cards to make unauthorized purchases at Wal-Mart stores throughout Iowa. These purchases included goods as well as the purchase and reloading of “shopping cards” or “gift cards.”
In his plea agreement, Alvarez Rodriguez admitted that the account numbers on the counterfeit cards were obtained via “skimming” devices designed to obtain victims’ numbers without their authorization or knowledge. These stolen account numbers would then be encoded onto counterfeit magnetic stripe cards that had the appearance of credit cards, which were then used at Wal-Mart self-checkout registers.
In the four-day period of January 29, 2017, to February 1, 2017, Alvarez Rodriguez, Santana Moreno, and de Armas Mena drove hundreds of miles across the state of Iowa to use these counterfeit cards for fraudulent purchases at various Wal-Mart stores, including those in Mount Pleasant, Altoona, Le Mars, Sioux Center, Spencer, Spirit Lake, Mason City, Waverly, and Cedar Falls, Iowa.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after presentence reports are prepared. Alvarez Rodriguez, Santana Moreno, and de Armas Mena remain in the custody of the United States Marshal and will remain in custody pending sentencing. Each faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 9.5 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Lyndie M. Freeman and was investigated by Homeland Security Investigations and the Waverly Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2044.
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Cedar Rapids Man Sentenced to Eight Years’ Imprisonment for Unlawfully Possessing AmmunitionRead the Press Release
A man who fired a handgun three times in a residential neighborhood was sentenced today to eight years in federal prison.
James Mitchell, age 37, of Cedar Rapids, Iowa, received the prison term after a guilty plea to possession of ammunition as a felon.
Information presented at the sentencing hearing showed that on October 7, 2016, Mitchell was drinking and using drugs at a party in Cedar Rapids. The following afternoon, Mitchell’s girlfriend showed up outside of the residence where Mitchell was partying. Mitchell confronted his girlfriend in the street, before slamming her onto the ground, causing a friend of Mitchell’s to pull him away from the girlfriend. Mitchell then brandished a handgun and fired it three times into the air. Several neighbors heard the altercation and called the police. Mitchell fled the scene and discarded his handgun in an alley.
Mitchell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He was sentenced to 96 months’ imprisonment and a special assessment of $100 was imposed. Mitchell must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Mitchell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Drew O. Inman 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-19-LRR.
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West Des Moines Man Sentenced to More than Three Years in Federal Prison after Providing False Document to the United States Attorney during a Civil False Claims Act InvestigationRead the Press Release
A durable medical equipment store owner who provided false documents to the United States Attorney’s Office during a civil False Claims Act investigation was sentenced on Friday to more than three years in federal prison. James O’Connor, from West Des Moines, Iowa, received the prison term after a June 19, 2017, guilty plea to one count of Making and Using False Documents, in violation of 18 U.S.C. § 1001(a)(3).
In a plea agreement, O’Connor, who operated O’Connor Medical Supply, Inc., in Clive, Iowa, agreed that he provided a false document to the United States Attorney’s Office in response to a Civil Investigative Demand the office issued in conjunction with a civil False Claims Act investigation. Specifically, O’Connor admitted to providing a false Letter of Medical Necessity intended to conceal the fact that he previously submitted a claim to Medicare for a more complex and more expensive orthotic device than what he actually provided to a Medicare beneficiary. O’Connor further admitted that he caused nearly $350,000 in loss to the government.
O’Connor also entered into a settlement agreement to resolve the United States’ civil False Claims Act investigation. As part of that investigation, the United States alleged that O’Connor submitted claims to Medicare and Medicaid for four more expensive models of durable medical equipment than what he actually provided to beneficiaries: ankle foot orthoses, walking boots, knee braces, and wrist finger orthoses. O’Connor agreed to pay $898,523.08 to resolve these allegations. O’Connor paid Medicare full reimbursement in the amount of $177,321.58 and Medicaid full reimbursement in the amount of $172,631.70. Separately, O’Connor agreed to exclude himself as a provider of services in all federal health care programs.
Because a private citizen, known as a relator, filed a qui tam, or whistleblower, lawsuit raising the civil allegations, O’Connor paid the relator’s law firm an additional $51,476.92 in fees. The relator also received $224,630.77 (25%) of the nearly $900,000 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.
O’Connor was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. O’Connor was sentenced to 37 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $349,953.28 in restitution to the Medicare and Medicaid programs. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Judge Reade found the crime involved at least 3,375 upcoded claims for durable medical equipment between 2011 and 2015. Judge Reade found O’Connor’s criminal conduct was sophisticated, and he in fact passed a 2013 audit. Judge Reade observed “cheating the government is serious,” and found the crime was one of “greed,” “deception,” and “lying.” In denying O’Connor’s request for a sentence of one-day Judge Reade noted it was a substantial aggravating factor in the case that O’Connor had cut, copied, and forged signatures of doctors.
United States Attorney Peter E. Deegan stated, “The result in this case makes clear that health care fraud does not pay. Our Office continues to encourage citizens to report fraud in government health care programs, including Medicare and Medicaid. This conviction and sentence demonstrate that citizen complaints are taken seriously, and absolute honesty is required during our Office’s investigation of those complaints of fraud.”
“This sentencing is an indication to others who engage in these types of illicit activities that they will be caught and they will face justice,” FBI Omaha Field Office Special Agent in Charge Randall Thysse said. “We are proud of the diligent efforts of our team that worked on this case and the close partnership and collaboration we have with the U.S. Attorney’s Office in the Northern District of Iowa and all who assisted with this successful outcome.”
Steve Hanson, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “We will continue to work with our law enforcement partners to identify, and bring to justice, healthcare providers who submit false claims for reimbursement to HHS programs.”
O’Connor was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The criminal case was prosecuted by Assistant United States Attorney Timothy Vavricek, and the civil matter was handled by Assistant United States Attorney Jacob Schunk. The case was investigated by the United States Department of Health and Human Services, the Federal Bureau of Investigation, and the State of Iowa’s Medicaid Fraud Control Unit.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The criminal case file number is 17-CR-39. The civil case file number is 15-CV-3170-LTS.
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Vail, Iowa Woman Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced November 2, 2017, to 3 ½ years in federal prison.
Treshina Salazar, 31, from Vail, Iowa, received the prison term after a May 10, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Salazar admitted her involvement in a conspiracy that distributed at least 500 grams of actual (pure) methamphetamine throughout the Crawford and Sac County, Iowa area from 2012 through July 2016. In July 2016 law enforcement traffic stopped Salazar and seized one ounce of methamphetamine from the center console. Salazar admitted she served as a “middle-person,” collecting money and delivering sizable amounts of methamphetamine for a number of large-scale methamphetamine traffickers.
Salazar was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Salazar was sentenced to 42 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system. Salazar is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Department of Narcotics Enforcement, Sac County Sheriff’s Office, Crawford County Sheriff’s Office, and Iowa Division of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-4103.
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Sioux City Woman Sentenced for Meth PossessionRead the Press Release
A woman who possessed methamphetamine was sentenced November 2, 2017, to more than three years in federal prison.
Nicole Maxine Ramirez, 30, from Sioux City, Iowa, received the prison term after a July 18, 2017, guilty plea to possession with intent to distribute methamphetamine.
At the guilty plea, Ramirez admitted she possessed more than 27 grams of pure methamphetamine. On October 12, 2016, law enforcement conducted a traffic stop of Ramirez’s vehicle on Interstate 29 near Sioux City. Officers searched the vehicle and located 37.6 grams of methamphetamine mixture. Ramirez admitted she had purchased the methamphetamine and intended to sell the methamphetamine to other person(s).
Ramirez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ramirez was sentenced to 43 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Ramirez is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Mikala M. Steenholdt 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 17-4026. Follow us on Twitter @USAO_NDIA.
Forest City Man Pleads Guilty to Making Fake MoneyRead the Press Release
A man who manufactured counterfeit twenty dollar bills pled guilty today in federal court in Cedar Rapids.
Victor Ineson, Jr., age 42, from Forest City, Iowa, was convicted of one count of manufacturing counterfeit currency. Two additional charges, relating to the possession and passing of counterfeit currency, were dismissed as part of a plea agreement.
At the plea hearing, Ineson admitted that, from April 2017 through mid-May 2017, he had counterfeited and altered multiple $20 bills at his residence in Forest City, Iowa. In a plea agreement, Ineson admitted that he would use chemicals to wash the print off of lower denomination bills and reprint each side of the bill so that it appeared to be a $20 bill. Ineson used some of these counterfeit bills to pay for merchandise at area businesses. Law enforcement executed a search warrant at Ineson’s residence on May 18, 2017, and discovered at least $335 in counterfeit currency.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Ineson has been placed on home detention pending sentencing. He faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment. He also agreed to pay restitution to all businesses that received the counterfeit currency.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Forest City Police Department, the Britt Police Department, the Mason City Police Department, and the Clear Lake Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3042.
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Dubuque Man Who Sold Methamphetamine to Serve over 27 Years in Federal PrisonRead the Press Release
A man who sold “ice” methamphetamine in Dubuque, and who sometimes provided drugs in exchange for firearms, was sentenced today to more than 27 years in federal prison.
Dale McCoy, age 51, from Dubuque, Iowa, received the prison term after a May 30, 2017, guilty plea to conspiracy to distribute 50 grams of more of actual methamphetamine.
At the guilty plea, McCoy admitted that he worked with other people to sell ice methamphetamine from at least as early as September 2016 through October 2016. Sentencing documents state that McCoy sold a “high volume” of methamphetamine in Dubuque. McCoy would at times trade the methamphetamine for firearms. McCoy would then supply the firearms to his drug source, in exchange for even more methamphetamine to sell in Dubuque.
McCoy was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. McCoy was sentenced to 327 months’ imprisonment. A special assessment of $100 was imposed, and he must serve a 10-year term of supervised release after his prison term. There is no parole in the federal system.
McCoy 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 Justin Lightfoot and investigated by the Dubuque Drug Task Force, 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 number is 17-CR-1015.
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Cedar Rapids Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A man who distributed child pornography pled guilty yesterday in federal court in Cedar Rapids.
Craig Watters, age 30, from Cedar Rapids, Iowa, was convicted of one count of distribution of child pornography. At the plea hearing, Watters admitted that, in 2014, he knowingly distributed child pornography. He also admitted that he was convicted of receipt of child pornography in the Northern District of Iowa in 2009.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Watters remains in custody of the United States Marshal pending sentencing. Watters faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and 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 17-69.
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Sioux City Man Pleads Guilty to Drug Offense and Child Pornography OffenseRead the Press Release
A lawful permanent resident who possessed more than one-half pound of cocaine and child pornography pled guilty today, November 1, 2017, in federal court in Sioux City.
Jose Ramon Ortega-Ramirez, 23, from Sioux City, Iowa, was convicted of one count of possession with the intent to distribute cocaine and one count of possession of child pornography.
In a plea agreement, Ortega-Ramirez admitted that law enforcement intercepted a package from Mexico containing approximately 290.70 grams of cocaine. The package was addressed to “Jhon Smith” and had Ortega-Ramirez’s address on it. On August 4, 2017, law enforcement executed a controlled delivery of the package at Ortega-Ramirez’s. On this day, Ortega-Ramirez approached the undercover agent, identified himself as “Jhon Smith,” signed for the package, and brought it into his home. Shortly thereafter, officers executed a search warrant on the residence and found the package in Ortega-Ramirez’s bedroom hidden underneath a blanket on his bed. After his arrest, Ortega-Ramirez claimed that he had accepted the package on behalf of the tenants in the upstairs apartment who he knew to sell cocaine, methamphetamine, and marijuana. He claimed he expected to receive marijuana as compensation. Shortly after the interview ended, Ortega-Ramirez attempted to escape from police custody by running approximately thirty feet and jumping over the second floor railing that was approximately twenty feet off the ground. Before defendant exited the residence, five law enforcement officers subdued him.
In a plea agreement, Ortega-Ramirez also admitted that he possessed images conveying nude images of a minor. Ortega-Ramirez also admitted that he also possessed images and videos of the minor engaging in sexually explicit activity. Ortega-Ramirez was aware that the minor was under the age of 18 at the time.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ortega-Ramirez remains in the custody of the United States Marshal pending sentencing. Ortega-Ramirez faces a possible maximum sentence of 20 years’ imprisonment, up to a $1,000,000 fine, $200 in special assessments, and at least 5 years of supervised release up to life following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Duax and Special Assistant United States Attorney Ajay Alexander, and was 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 numbers are 17-CR-4049 and 17-CR-4066.
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Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Two law enforcement officers from Iowa are being honored this week by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2017 Enrique S. Camarena Award are Deputy Inspector William (Kevin) Marshall of the United States Postal Inspection Service and Officer Christopher Wuebker of the Decorah Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- United States Postal Inspector William (Kevin) Marshall has worked tirelessly to reduce drug abuse in the State of Iowa, and is a worthy recipient of this distinguished award. In just the past year, Inspector Marshall has assisted in over 120 drug‑related operations with nearly 40 different law enforcement agencies, resulting in the seizure and removal of nearly 80 pounds of methamphetamine, 90 pounds of marijuana, 4 pounds of cocaine, and over 4 pounds of heroin. In addition, Inspector Marshall was instrumental in developing a demonstrative exhibit labeled “What You Don’t See,” which teaches parents how to recognize signs of teenage drug abuse. Inspector Marshall is a mentor to young people, speaks about the dangers of drug abuse to students, and has continually demonstrated his passion for reducing drug abuse within the State of Iowa.
- Decorah Police Officer Christopher Wuebker’s commitment to reducing drug abuse through both enforcement and prevention makes him a worthy recipient of the Enrique Camarena Award. Through his service as a Decorah Police Officer and as a member of the Northeast Iowa Drug Task Force, Officer Wuebker played a critical role in over 100 drug-related prosecutions in northeast Iowa in the past few years. Recognizing the danger and difficulties facing children in homes where drug abuse is present, Officer Wuebker goes out of his way to connect children with resources they need to improve their situation. Officer Wuebker increases public awareness of drug abuse by speaking at schools and community organizations. His extraordinary passion for reducing drug abuse has made a difference in the lives of many young people, and has contributed to a safer community.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “With opioid and prescription drug abuse at an all-time high, the work these officers do in drug abuse prevention is vital to the safety of our communities. Each recipient richly deserves the honor of receiving the Enrique S. Camarena award. Officer Wuebker demonstrated an admirable dedication not only to investigating and prosecuting drug crimes, but to educating the public of the risks of substance abuse. Officer Wuebker has spoken to college students, high school students, and parents to increase their awareness of the dangers these substances pose to our community.”
Southern District United States Attorney Marc Krickbaum added, “Postal Inspector Marshall’s work prevented hundreds of pounds of drugs from reaching the streets, including keeping more than four pounds of extremely dangerous heroin and opioids from intended recipients. Through tireless efforts, Inspector Marshall assisted in intercepting more than $3,000,000 worth of dangerous drugs in the last year alone.”
Darin T. Thimmesch, the Assistant Special Agent in Charge for the DEA commented on this year’s award, stating, “The DEA is committed to working with our law enforcement partners at all levels to reduce the availability and abuse of illicit drugs in the communities we serve. We are honored to be a part of this distinguished award presentation in memory of fallen DEA Special Agent Enrique S. Camarena. Special Agent Camerena gave his life fighting against the powerful drug cartels in Mexico while trying to protect the country he served from evils of drug distribution and abuse. This award exemplifies the outstanding investigative efforts of these law enforcement officers in disrupting the illegal activities of the drug trafficking organizations operating in and around the communities of northern Iowa, as well as preventing the further distribution of these highly addictive, deadly drugs.”
The Enrique S. Camarena Award is presented each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Two law enforcement officers from Iowa are being honored this week by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2017 Enrique S. Camarena Award are Deputy Inspector William (Kevin) Marshall of the United States Postal Inspection Service and Officer Christopher Wuebker of the Decorah Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- United States Postal Inspector William (Kevin) Marshall has worked tirelessly to reduce drug abuse in the State of Iowa, and is a worthy recipient of this distinguished award. In just the past year, Inspector Marshall has assisted in over 120 drug‑related operations with nearly 40 different law enforcement agencies, resulting in the seizure and removal of nearly 80 pounds of methamphetamine, 90 pounds of marijuana, 4 pounds of cocaine, and over 4 pounds of heroin. In addition, Inspector Marshall was instrumental in developing a demonstrative exhibit labeled “What You Don’t See,” which teaches parents how to recognize signs of teenage drug abuse. Inspector Marshall is a mentor to young people, speaks about the dangers of drug abuse to students, and has continually demonstrated his passion for reducing drug abuse within the State of Iowa.
- Decorah Police Officer Christopher Wuebker’s commitment to reducing drug abuse through both enforcement and prevention makes him a worthy recipient of the Enrique Camarena Award. Through his service as a Decorah Police Officer and as a member of the Northeast Iowa Drug Task Force, Officer Wuebker played a critical role in over 100 drug-related prosecutions in northeast Iowa in the past few years. Recognizing the danger and difficulties facing children in homes where drug abuse is present, Officer Wuebker goes out of his way to connect children with resources they need to improve their situation. Officer Wuebker increases public awareness of drug abuse by speaking at schools and community organizations. His extraordinary passion for reducing drug abuse has made a difference in the lives of many young people, and has contributed to a safer community.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “With opioid and prescription drug abuse at an all-time high, the work these officers do in drug abuse prevention is vital to the safety of our communities. Each recipient richly deserves the honor of receiving the Enrique S. Camarena award. Officer Wuebker demonstrated an admirable dedication not only to investigating and prosecuting drug crimes, but to educating the public of the risks of substance abuse. Officer Wuebker has spoken to college students, high school students, and parents to increase their awareness of the dangers these substances pose to our community.”
Southern District United States Attorney Marc Krickbaum added, “Postal Inspector Marshall’s work prevented hundreds of pounds of drugs from reaching the streets, including keeping more than four pounds of extremely dangerous heroin and opioids from intended recipients. Through tireless efforts, Inspector Marshall assisted in intercepting more than $3,000,000 worth of dangerous drugs in the last year alone.”
Darin T. Thimmesch, the Assistant Special Agent in Charge for the DEA commented on this year’s award, stating, “The DEA is committed to working with our law enforcement partners at all levels to reduce the availability and abuse of illicit drugs in the communities we serve. We are honored to be a part of this distinguished award presentation in memory of fallen DEA Special Agent Enrique S. Camarena. Special Agent Camarena gave his life fighting against the powerful drug cartels in Mexico while trying to protect the country he served from evils of drug distribution and abuse. This award exemplifies the outstanding investigative efforts of these law enforcement officers in disrupting the illegal activities of the drug trafficking organizations operating in and around the communities of northern Iowa, as well as preventing the further distribution of these highly addictive, deadly drugs.”
The Enrique S. Camarena Award is presented each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
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Sioux City AUSA Returns from Year in AfghanistanRead the Press Release
A federal prosecutor who spent a year in Afghanistan as the Justice Attaché and a Special Deputy United States Marshal returned to his duties today as an Assistant United States Attorney (AUSA) in Sioux City, Iowa.
AUSA Forde Fairchild, was detailed from the Northern District of Iowa to the Office of the Deputy Attorney General, then deployed forward as the Justice Attaché for Afghanistan. Fairchild is the second prosecutor from the U.S. Attorney’s Office for the Northern District of Iowa to serve in Afghanistan since the beginning of Operation Resolute Support, a 2015 U.S. led NATO mission, which began after transitioning from the International Security Assistance Force, which was created in accordance with the Bonn Conference in December 2001 shortly after the fall of the Taliban. Major General Patrick Reinert, U.S. Army Reserve, also a federal prosecutor from the Northern District of Iowa, served, in uniform from May of 2013, through October of 2014, as the commander of the Rule of Law Field Force and Combined Joint Interagency Task Force 435.
United States Attorney Peter E. Deegan, Jr. stated, “The United States Attorney’s Office for the Northern District of Iowa is very proud of Forde.” Deegan added, “Forde made tremendous sacrifices in supporting law enforcement efforts in a dangerous and troubled part of the world. His dedication to justice is clear from his work in Afghanistan and his outstanding work as an AUSA prosecuting some of the most dangerous and violent criminals in Iowa.”
The Office of the Justice Attaché at the United States Embassy in Kabul is the United States Attorney General's representative in Afghanistan. It coordinates all U.S. civilian law enforcement efforts in Afghanistan with DOJ components in the United States, and aids in the investigation of crimes being considered for extraterritorial prosecution in the United States. It also serves as a close partner of the U.S. interagency community including the U.S. Armed Forces, Afghanistan and U.S. Departments of State, and is part of the U.S. Embassy’s Country Team and its Small Group Leadership team. The Office of Justice Attaché’s efforts are designed to aid the Government of the Islamic Republic of Afghanistan in its efforts to build its capacity to aggressively investigate and prosecute terrorism, narcotics, corruption, and other major criminal offenses in a transparent, just, and timely manner consistent with its laws and consistent with international standards of justice.
Fairchild's work as the leader of the Office of the Justice Attache regularly took him outside the relative safety of the International Zone. Careful security preparations were necessary for each of these trips, but by getting out into the field, Fairchild forged strong partnerships with Afghan law enforcement professionals, including the Attorney General of Afghanistan. These strong partnerships were critical in assisting the Afghans in their counter-insurgency law enforcement efforts. Fairchild’s efforts in this regard included working closely with the Afghan Chief Justice, Sayed Yousuf Halim. Fairchild built close ties with the U.S.'s international partners including the United Nations, NATO, and the governments of Australia, Canada, and the United Kingdom, among others.
Illegal Alien Sentenced to More than a Year in Prison after Returning to the United States Following DeportationRead the Press Release
A Mexican man who had previously been deported following federal convictions for unlawful use of identification documents and misuse of a Social Security number was sentenced October 25, 2017, to 15 months in federal prison.
Adan Vazquez-Santos, age 34, a citizen of Mexico who had been living in Hamilton County, Iowa, received the prison term after an August 3, 2017, guilty plea to one count of illegal reentry of a removed alien after a felony conviction.
At the guilty plea, Vazquez-Santos admitted he illegally reentered the United States without permission after having been deported from the United States in February 2015. Prior to his deportation, Vazquez-Santos was convicted in January 2015 in the United States District Court for the Northern District of Iowa on one count of unlawful use of identification documents and one count of misuse of a Social Security number, both felony offenses. Vazquez-Santos had also been convicted of operating a motor vehicle while intoxicated in both Hamilton County, Iowa, in 2009, and in Webster County, Iowa, in 2012. Vazquez-Santos most recently came to the attention of immigration officials in April 2017 following his arrest in Hamilton County, Iowa, for willful injury and domestic abuse assault.
Vazquez-Santos was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Vazquez-Santos was sentenced to 15 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 sentence is to be served consecutively to a 14-month sentence imposed in June 2017 for violating the terms of his supervised release on the 2015 federal convictions for unlawful use of identification documents and misuse of a Social Security number.
Vazquez-Santos 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 17-CR-3029.
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Eight Defendants Sentenced to Federal Prison in Drug Trafficking ConspiracyRead the Press Release
Eight Iowa residents have been sentenced to federal prison after pleading guilty to drug trafficking charges.
At sentencing hearings in August, September, and October of 2017, Chief United States District Court Judge Leonard T. Strand sentenced Kyle Chyma, age 29, Edgar Hernandez, age 31, Kelbie Struve, age 25, Kailyn Struve, age 26, and Marlene Hernandez, age 25, all of Toledo, Iowa, Scott Steuhm, age 26, and Tyler Walz, age 23, both of Tama, Iowa, and Alejandra Castillo-Hernandez, age 46, of Marshalltown, Iowa, to prison time. The defendants received the following prison terms:
Edgar Hernandez was sentenced to 252 months’ imprisonment;Kyle Chyma was sentenced to 180 months’ imprisonment;
Scott Steuhm was sentenced to 160 months’ imprisonment;
Kelbie Struve was sentenced to 94 months’ imprisonment;
Alejandra Castillo-Hernandez was sentenced to 60 months’ imprisonment;
Kailyn Struve was sentenced to 48 months’ imprisonment;
Marlene Hernandez was sentenced to 15 months’ imprisonment; and
Tyler Walz was sentenced to 15 months’ imprisonment.
Each defendant must also serve a term of supervised release after the prison term. There is no parole in the federal system.
In September 2016, a federal grand jury charged all eight defendants with conspiracy to distribute controlled substances. At plea hearings in February and March of 2017, Chyma, Edgar Hernandez, Steuhm, Kelbie Struve, Kailyn Struve, Marlene Hernandez, and Alejandra Castillo-Hernandez admitted to trafficking in methamphetamine. Chyma, Kailyn Struve, and Walz admitted to trafficking in cocaine. Chyma also admitted to money laundering. The indictment contained a forfeiture allegation, and as part of their guilty pleas, the eight defendants agreed to forfeit $360,027.19 in drug proceeds.
At the sentencing hearings, Chief Judge Strand found that Edgar Hernandez and Scott Steuhm were responsible for distributing approximately 339 pounds of ice methamphetamine during the conspiracy. Edgar Hernandez and Kyle Chyma received sentencing enhancements for serving as leaders of the drug trafficking organization. Edgar Hernandez, Chyma, and Steuhm received sentencing enhancements for importing methamphetamine from Mexico.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by the Drug Enforcement Administration, with support from the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Cedar Rapids Police Department, Marion Police Department, Linn County Sheriff’s Office, Iowa City Police Department, Johnson County Drug Task Force, and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-76.
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