Northern District of Iowa
Press releases recorded for this federal judicial district.
Former Tama Police Chief Sentenced to Federal Prison for Stealing Guns and Vehicles from Tama Police Department and Lying to Federal AgentRead the Press Release
The former chief of police of the Tama Police Department who stole and pawned a Tama police service weapon, two other guns held by the police department as evidence, multiple vehicles impounded by the police department, and then lied to a FBI Special Agent who was investigating those thefts was sentenced to federal imprisonment in federal court in Cedar Rapids.
Jeffrey Filloon, age 48, from Toledo, Iowa, received the prison term after a February 9, 2017, guilty plea to one count of possessing, selling, and disposing of a stolen firearm and one count of making false statements to a FBI Special Agent.
In a plea agreement, Filloon admitted that, while serving as the Tama Police Chief from July 2013 through August 2015, he stole and sold property, including three guns and four vehicles that were in police impound, from the Tama Police Department for his own personal benefit. Filloon further admitted that he lied to a FBI Special Agent who was conducting an investigation into the missing property by claiming he had bought one of the impounded vehicles he took and sold when, in fact, Filloon had not bought it from the individual he claimed sold it to him.
Filloon was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Filloon was sentenced to two months’ imprisonment and fined $5,000. A special assessment of $200 was imposed, and he was ordered to make $1,625 in restitution to the victims of his crimes, including the City of Tama. He must also serve a two-year term of supervised release after the prison term.
Filloon was released on 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 Anthony Morfitt and was investigated by the Iowa Division of Criminal Investigation and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-95.
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Two Linn County Men Charged with Theft of Forty-Eight FirearmsRead the Press Release
John Gillespie, age 18, from Cedar Rapids, Iowa, and Jeremy Reynolds, age 18, from Hiawatha, Iowa, have been charged with one count each of theft of firearms from a licensed firearms dealer in United States District Court in Cedar Rapids. Reynolds is charged in an Indictment filed on July 18, 2017. Gillespie is charged in an Information filed on July 14, 2017. Both Reynolds and Gillespie were previously charged in complaints and were previously detained by the court.
If convicted, both defendants face not more than 10 years’ imprisonment without the possibility of parole, a $250,000 fine, $100 in special assessments, and not more than 3 years of supervised release following any imprisonment.
Reynolds appeared on July 19, 2017, in federal court in Cedar Rapids for his arraignment. Reynolds’ next appearance for trial is set for September 18, 2017.
Gillespie is scheduled to appear in federal court in Cedar Rapids for an arraignment on August 3, 2017.
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 Emily K. Nydle and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hiawatha Police Department, the Cedar Rapids Police Department, and the Loves Park Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
Gillespie’s case file number is 17-Cr-00050 and Reynolds’ case file number is 17-Cr-00051
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Ossian Brothers Charged with Distributing Heroin, Fentanyl and Illegally Possessing FirearmsRead the Press Release
Brothers Kaleb and Cole Breitsprecher, ages 22 and 24, respectively, from Ossian, Iowa, have been charged in a federal Indictment with distributing heroin and fentanyl, and possessing firearms as drug users. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about April 5, April 18, and May 19, 2017, Kaleb Breitsprecher distributed heroin to another person. It also alleges that on or about May 2, 2017, Cole Breitsprecher distributed fentanyl to another person. Both men are charged with being unlawful drug users in possession of multiple firearms on or about June 6, 2017.
If convicted on all charges, Kaleb Breitsprecher faces a possible maximum sentence of 70 years’ imprisonment, $3,250,000 in fines, $400 in special assessments, and up to a lifetime term of supervised release following any imprisonment. Cole Breitsprecher faces a possible maximum sentence of 30 years’ imprisonment, $1,250,000 in fines, $200 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
Both men appeared today in federal court in Cedar Rapids. Their next appearances for detention hearings are set for July 25, 2017, at 4:00 p.m.
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 investigated by the Northeast Iowa Drug Task Force and Iowa Division of Narcotics Enforcement, and 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-2053.
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Nineteen Black Hawk County Men Charged with Federal Drug Trafficking and Firearms OffensesRead the Press Release
Nineteen Black Hawk County men have been charged with federal drug trafficking and firearms offenses. The charges are contained in five indictments unsealed today in United States District Court in Cedar Rapids.
In one indictment, Naiqondis Maurice Spates, age 32, Devonte Denterrio Jenkins, age 25, and Gary Lind Krueger, age 70, all from Waterloo, Iowa, were charged with conspiracy to distribute cocaine base and other drug trafficking offenses.
In a second indictment, Alston Ray Campbell, Jr., age 34, Alston Ray Campbell, Sr., age 63, William Marcellus Campbell, age 42, Willie Junior Carter, age 44, Alexander Martin, age 49, John Dwayne Phillips, 49, and Darius Fontaine Shears, age 30, all from Waterloo, Iowa, were charged with conspiracy to distribute cocaine base and other drug trafficking offenses. Shears was also charged with possessing a firearm as a felon.
In a third indictment, Keylynn Landon Goldsmith, age 31, Ronald Corey, age 60, Corey Demarcus Jones, age 36, Michael Earl Snow, age 40, Melvin Maurice Grubbs, age 35, Deon Marcell Goldsmith, age 36, all from Waterloo, Iowa, and Gregory Porter Washington, age 38, from Evansdale, Iowa, were charged with conspiracy to distribute cocaine base and other drug trafficking offenses.
In additional indictments, Durius Antwan Davis, age 25, from Waterloo, Iowa, was charged with possessing a firearm and ammunition as a felon, and Johnston Phillips, age 64, from Waterloo, Iowa, was charged with possessing a firearm as a felon and distributing cocaine base.
All defendants face a maximum term of imprisonment of at least twenty years. Some face a maximum term of life imprisonment.
Alston Campbell Jr., Alston Campbell Sr., William Campbell, Carter, Corey, Davis, Deon Goldsmith, Grubbs, Jenkins, Jones, Krueger, Martin, Johnston Phillips, Snow, Spates, and Washington appeared today in federal court in Cedar Rapids and were held in custody pending detention hearings on July 24, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The cases are being prosecuted by Assistant United States Attorneys Ravi T. Narayan and Emily K. Nydle and were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-2043, 17-CR-2045, 17-CR-2049, 17-CR-2050, and 17-CR-2051.
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Cedar Rapids Man Convicted of Distributing Heroin and Fentanyl that Caused Near-Death OverdoseRead the Press Release
A man who distributed heroin laced with fentanyl that caused a near-fatal overdose was convicted by a jury on July 19, 2017, after a three-day trial in federal court in Cedar Rapids.
Cordero Robert Seals, age 29, from Cedar Rapids, Iowa, was convicted 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. The verdict was returned this afternoon following about 3 hours of jury deliberations.
The evidence at trial showed that 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.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Seals remains in custody of the United States Marshal pending sentencing. Seals faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $200 in special assessments, and a lifetime term of supervised release following any imprisonment.
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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Jury Convicts Man for Being in United States IllegallyRead the Press Release
A man who was found illegally in the United States was convicted by a jury on July 18, 2017, after a 1 ½-day trial in federal court in Sioux City.
Ricardo, Cordova-Larios, 42, from Guatemala, was convicted of illegally residing in the United States. The verdict was returned this morning following about 30 minutes of jury deliberations.
The evidence at trial showed that Cordova-Larios was an illegal alien from Guatemala and was removed from the United States to Guatemala on or about March 4, 2014. Cordova-Larios was found in the United States on or about April 10, 2017, and did not receive the consent of the Secretary of Homeland Security to apply for readmission to the United States after his removal. The evidence also proved Cordova-Larios re-entered (likely in March 2014) the United States without permission after his removal.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Cordova-Larios remains in custody of the United States Marshal and will remain in custody pending sentencing. Cordova-Larios faces a possible maximum sentence of two years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by U.S. Immigration and Customs Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4033.
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Three Cedar Rapids Men Plead Guilty to Fraud Charges, Including Counterfeiting, Possession of Stolen U.S. Mail, and Aggravated Identity TheftRead the Press Release
Three men have pleaded guilty in federal court in Cedar Rapids to various fraud charges, including counterfeiting, possession of stolen United States Mail, and aggravated identity theft.
Joshua Chalk, 31, from Cedar Rapids, Iowa, was convicted of Manufacturing Counterfeit Currency and Aggravated Identity Theft. At his plea hearing on July 17, 2017, Chalk admitted he manufactured a $100 bill in March 2017. Chalk was making counterfeit currency to purchase pizza and other items in the Cedar Rapids, Iowa, area. Chalk provided counterfeit bills to his girlfriend, who ordered the pizzas. Chalk also admitted he participated in a bank fraud scheme with Kevin Kappmeyer and Darrell Turner to remove checks drawn on the accounts of various banks from stolen mail, alter the payee names on the checks, and then attempt to cash those checks. Chalk admitted he attempted to cash an altered check on December 26, 2016, at a local check cashing company.
Darrell Turner, 50, from Cedar Rapids, Iowa, was convicted of Possession of Stolen Mail Matter and Aggravated Identity Theft. At his plea hearing on April 18, 2017, Turner admitted he possessed a check that had been contained in mail stolen from a Cedar Rapids mailbox. Turner tried to cash the check on January 6, 2017, at a local bank.
Kevin Kappmeyer, 50, from Cedar Rapids, Iowa, was convicted of Possession of Stolen Mail Matter and Aggravated Identity Theft. At his plea hearing on June 28, 2017, Kappmeyer admitted he possessed a check that had been contained in mail addressed to a company in Marion, Iowa, that was stolen. Kappmeyer cashed the check on January 4, 2017.
“Postal Inspectors are committed to protecting the U.S. Mail and postal customers from criminal attack,” said Craig Goldberg, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service, which includes Iowa. “These guilty pleas reflect the successful teamwork between the Postal Inspection Service and its local law enforcement partners who worked together to bring justice to the victims in this case and to help restore the public’s trust in the U.S. mail,” said Goldberg.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared for each defendant. All three men remain in custody of the United States Marshal pending sentencing. Chalk faces up to 22 years’ imprisonment, a $500,000 fine, $200 in special assessments, and four years of supervised release following any imprisonment. Turner and Kappmeyer face up to 7 years’ imprisonment, a $500,000 fine, $200 in special assessments, and four years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service, the Cedar Rapids Police Department, and the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-17-LRR, 17-CR-44-LRR, and 17-CR-47-LRR.
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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 today in federal court in Cedar Rapids.
Scott Ristine, age 40, from Cedar Rapids, Iowa, was convicted of 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.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Ristine remains in custody of the United States Marshal pending sentencing. Ristine faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, 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 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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Heroin Dealer Who Injured Police Officer Sentenced to PrisonRead the Press Release
A man who injured a police officer as that officer was arresting him for heroin possession was sentenced on July 7, 2017, to 20 months in federal prison.
Albert McReynolds, age 28, from Cedar Rapids, Iowa, received the prison term after an April 12, 2017, guilty plea to possession of heroin with intent to distribute.
At the guilty plea, McReynolds admitted he intended to sell the heroin that was in his possession. Information presented at the sentencing indicated that McReynolds also told officers that he would trade some of the heroin to women for sex. When police found McReynolds in possession of a large quantity of heroin, McReynolds resisted arrest and fought with officers. One police officer received a concussion during the attempt to arrest McReynolds.
McReynolds was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. McReynolds was sentenced to 20 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.
McReynolds 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 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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-00009.
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Cedar Rapids Man Sentenced to More Than Seven Years in Federal Prison for Unlawfully Possessing a Gun and AmmunitionRead the Press Release
A convicted felon who possessed a gun and ammunition and discharged the gun inside a Cedar Rapids apartment building was sentenced today to more than seven years in federal prison.
Brian Lee Brown, age 39, from Cedar Rapids, Iowa, received the prison term after a March 2, 2017, guilty plea to one count of being a convicted felon in possession of ammunition. While imposing the sentence, the Court noted that Brown had an extensive criminal history going back to age 18 and that he had a history of violence. The Court also noted that Brown possessed a rifle and live ammunition and that he discharged the rifle in his apartment. The round went through his apartment wall and into an adjacent apartment. A woman and two children were in that apartment, but no one was injured.
Brown was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Brown was sentenced to eighty-seven 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. Brown is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the 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 16-CR-96.
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Illegal Alien Sentenced to Federal Prison for Iowa-Minnesota Meth ConspiracyRead the Press Release
A man was sentenced June 30, 2017, to six years in federal prison for conspiracy to distribute methamphetamine.
Javier Martinez, 50, from Mexico received the prison term after a guilty plea on March 23, 2017, to conspiracy to distribute methamphetamine.
At his guilty plea hearing, Martinez admitted his involvement in a conspiracy that distributed at least 1,500 grams of actual (pure) methamphetamine from 2015 through September 2016 in Minnesota and Iowa. Martinez also admitted to purchasing about 4-12 grams of methamphetamine 3 to 4 times per week for about one year from Rogelio Garcia-Jimenez for further re-distribution.
Martinez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Martinez was sentenced to 72 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 2-year term of supervised release after the prison term. 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 Shawn S. Wehde 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 the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force; and Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4084. Follow us on Twitter @USAO_NDIA.
Clarion Man Sentenced to 20 Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
A man who sexually exploited a child was sentenced today to 20 years in federal prison.
Skyler Wyatt, age 26, from Clarion, Iowa, received the sentence after a January 25, 2017 guilty plea to one count of sexual exploitation of a child. At the plea hearing, Wyatt admitted that, in 2016, he knowingly used a child to produce child pornography.
Wyatt was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Wyatt was sentenced to 240 months’ imprisonment. A special assessment of $100 was imposed, and Wyatt must also serve a seven-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 Wright County Sheriff’s Office and the Webster County Sheriff’s Office.
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 16-3045.
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Two Illegal Aliens and One United States Citizen Plead Guilty to Selling Identification Documents and Aggravated Identity TheftRead the Press Release
Two illegal aliens and a United States citizen who sold real identification documents belonging to United States citizens pled guilty this week in federal court in Cedar Rapids.
Ari Hernandez-Chacon, age 47, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, was convicted of 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 identity documents he sold belonged to real people who had no arrest records to avoid problems for the person using the stolen identities.
Magali Marroquin-Garcia, age 37, a native and citizen of Mexico illegally residing in Columbus Junction, Iowa, was convicted of 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.
Elba Torres, age 56, a United States citizen from Bettendorf, Iowa, was convicted of one count of conspiracy to possess with intent to transfer identification documents and one count of aggravated identity theft. In a plea agreement, Torres admitted that between June 2015 and March 2017, she conspired with Hernandez-Chacon and Marroquin-Garcia to unlawfully sell Social Security cards she knew belonged to United States citizens. Torres sold an undercover agent identification documents, including Social Security cards and birth certificates, on September 1, 2016, September 16, 2016, and November 29, 2016.
Sentencings before United States District Court Judge Linda R. Reade will be set after presentence reports are prepared. Hernandez-Chacon and Marroquin-Garcia remain in custody of the United States Marshal pending sentencing. Torres remains free on bond previously set. Hernandez-Chacon, Marroquin-Garcia, and Torres each face a possible maximum sentence of 15 years’ imprisonment on the possession of identification documents count and a mandatory sentence of 2 years’ imprisonment to be served consecutively on the aggravated identity theft count. They each also face a $500,000 fine, $200 in special assessments, and 3 years of supervised release following any imprisonment.
The case is 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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Dubuque Man Sentenced to Two Years in Federal Prison for Operating a Motor Vehicle While Intoxicated While on Federal Court SupervisionRead the Press Release
A man who violated the terms of his supervised release by operating a motor vehicle while intoxicated was sentenced today to two years in federal prison.
Thomas Schaller, age 46, from Dubuque, Iowa, received the prison term after a court hearing where he admitted operating a motor vehicle while intoxicated. Schaller was originally sentenced in March 2005, on one count of attempting to manufacture pure methamphetamine and one count of possession of firearms by an unlawful drug user. Schaller began a five-year term of supervised release following his release from prison in August 2013. One of the conditions of supervision was that Schaller not enter bars or drink alcohol.
At the supervised release revocation hearing, Schaller admitted that on June 10, 2017, he drove his car into the rear of a Dubuque County Sheriff’s patrol car. The patrol car was parked on the side of the road, with the roof-top emergency lights on, and a sheriff’s deputy who was just completing a traffic stop with another vehicle was in the patrol car. Schaller tested at a blood alcohol level of .208, well above the threshold level of .08 for driving while intoxicated.
Schaller was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Schaller was sentenced to 24 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Schaller 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 Dubuque County Sheriff’s Department and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 04-CR-1011.
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Community Event to Focus on Ex-Offender EmploymentRead the Press Release
The Cedar Rapids Civil Rights Commission is partnering with the United States Attorney’s Office for the Northern District of Iowa, and other local agencies, in hosting “The Overlooked Workforce: A Community Discussion” on June 29, 2017 from 9:30 a.m. through 2:30 p.m., at the downtown library. The United States Attorney’s Office will facilitate a reentry simulation activity beginning at 1:00 p.m.
The simulation activity provides participants with the opportunity to “step inside the shoes” of someone being released from prison, to allow them to see the obstacles that exist in an ex-offender’s transition from prison back to the community. In addition to the simulation, the event will also feature panel discussions featuring ex-offenders who are returning to the community and employers who have successfully utilized this largely untapped workforce.
LaSheila Yates, the Executive Director of the Cedar Rapids Civil Rights Commission, and the City’s Chief Diversity Officer, encouraged employers and other interested community members to attend. “We have been afforded an opportunity to host a community storytelling event surrounding thought provoking experiences of ex-offenders seeking employment. We also have the rare occasion to hear from employers that saw past an individual’s background and successfully hired them. Through these dialogues, we hope to foster a safe learning environment where employers, housing providers, and community members can examine an area of diversity and inclusion in the workplace that is commonly overlooked,” Yates said.
Acting United States Attorney Sean Berry indicated that the United States Attorney’s Office continues to be supportive of community reentry efforts, noting that, “It is great to see so many local agencies partnering together to host such an important event. Employment is one of the primary indicators of whether someone coming out of prison will recidivate. Assisting in the transition from prison back to the community can have a direct positive impact on public safety.”
The event is sponsored by the Cedar Rapids Civil Rights Commission. In addition to the United States Attorney’s Office, other partners include the City of Cedar Rapids, IowaWORKS, America’s Job Honor Awards, the RISE program, the Adult Mentoring Program, and the Sixth Judicial District Department of Correctional Services.
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Dubuque Duo Charged with Maquoketa Bank RobberyRead the Press Release
Dante Rhodes, age 41, and Gregory Stapleton, age 31, both from Dubuque, Iowa, have been charged with two counts related to a March 2017 bank robbery. The charges are contained in an Indictment filed on June 21, 2017, in United States District Court in Cedar Rapids. Rhodes and Stapleton were initially charged in a Criminal Complaint filed in federal court on May 22, 2017.
The Indictment alleges that, on or about March 8, 2017, Rhodes and Stapleton robbed the Fidelity Bank and Trust in Maquoketa, Iowa, taking over $6,500.00 during the robbery. The Indictment also alleges that Rhodes and Stapleton conspired to rob the bank and that Stapleton went to the bank the day prior to the robbery to “case” the bank.
If convicted of both charges, Rhodes and Stapleton each face a possible maximum sentence of 25 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 6 years of supervised release following any imprisonment. They may also be ordered to pay restitution.
Both Rhodes and Stapleton will appear for an arraignment on June 28, 2017 at 3:00 p.m. They are currently being held in custody without bond.
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 Justin Lightfoot and was investigated by the Federal Bureau of Investigation, the Maquoketa Police Department, and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1022-LTS.
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Cedar Rapids Man Sentenced to 15 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
A man who received child pornography was sentenced June 20, 2017 to 15 years in federal prison.
Donald Etheredge, age 51, from Cedar Rapids, Iowa, received the sentence after a March 8, 2017 guilty plea to one count of receipt of child pornography. At the plea hearing, Etheredge admitted that, between 2013 and 2015, he knowingly received child pornography. He also admitted that he was convicted of shipment and transportation of child pornography in the Northern District of Iowa in 2004.
Etheredge was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Etheredge was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed, and Etheredge must also serve a 20-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 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 17-2.
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West Des Moines Man Pleads Guilty to Providing False Documents during Civil False Claims Act Investigation and Agrees to Pay Almost $900,000 to Resolve the Civil 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 pled guilty today in federal court in Cedar Rapids.
James O’Connor, 64, from West Des Moines, Iowa, was convicted of 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, 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, for purposes of sentencing, he caused nearly $350,000 in loss.
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.
In addition, because a private citizen, known as a relator, filed a tam, or whistleblower, lawsuit raising the civil allegations, O’Connor agreed to pay the relator’s law firm an additional $51,476.92 in fees. The relator is also entitled to receive $224,630.77 (25%) of the nearly $900,000 recovery pursuant to the tam provisions of the False Claims Act. Those provisions permit private individuals with knowledge of wrongdoing to bring suit on behalf of the government for false claims and share in any recovery.
“This result shows that our office will use every available tool to ensure Medicare and Medicaid beneficiaries receive the care to which they are entitled and government funds are well spent,” said Acting United States Attorney Sean R. Berry. “Our office encourages citizens to report fraudulent conduct by health care providers to help us ensure fair and efficient health systems throughout the district. Targets of those investigations are on notice that we will not tolerate any dishonesty or fraudulent activity during the course of an investigation.”
Steve Hanson, Special Agent in Charge, United States Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “In order to protect our Medicare and Medicaid programs from unscrupulous health care providers, our office will continue to work with our law enforcement partners to pursue those who overbill our programs for services they did not provide to our beneficiaries.”
This case is one of more than 20 monetary settlements reached with health care providers by the United States Attorney’s Office for the Northern District of Iowa since June 2013. It is also the second successful resolution of a qui tam lawsuit during this period. In both instances private parties shared in the government’s recovery.
For the criminal matter, sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. O’Connor remains free on bond previously set. O’Connor faces a possible maximum sentence of 5 years’ imprisonment; a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; a $100 special assessment; and 3 years of supervised release following any imprisonment.
The criminal case is being 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 case file number is 17-39.
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Deputy Attorney General Recognizes Northern District of Iowa ProsecutorRead the Press Release
Anthony Morfitt, Assistant United States Attorney in the U.S. Attorney’s Office in the Northern District of Iowa, was one of 179 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 33rd Director’s Awards Ceremony on Friday, June 16, 2017, in Washington D.C.
The Northern District of Iowa was one of 35 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his prepared remarks, Deputy Attorney General Rosenstein told the awardees, “These 179 award recipients embody the best of the Department of Justice . . . . Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”
Morfitt was recognized for his outstanding efforts in the prosecution of violent crime in Indian Country. In the past several years, Morfitt successfully prosecuted two cases arising out of three murders that happened within six weeks of each other in a tribal community of less than 2000 people. Morfitt ably and sensitively handled the presentation of medical and cultural evidence to rebut an insanity defense at the trial of one of those cases. Morfitt’s work has significantly increased the safety of the tribal community.
“Through his outstanding work, Assistant United States Attorney Morfitt helped secure justice following three tragic murders,” said Acting United States Attorney Sean Berry. “I am happy that Tony’s excellent work has been recognized through this well-deserved and prestigious award.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
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Dubuque Man Sentenced to 99 Months in Federal Prison for Possessing Methamphetamine and Guns at a Home Where Children Were PresentRead the Press Release
A man who possessed methamphetamine with intent to distribute it in a home where children were present and lived and who also illegally possessed guns was sentenced June 12, 2017, to more than eight years in federal prison.
Brian Paul Kamm, age 34, from Dubuque, Iowa, received the prison term after a March 9, 2017, guilty plea to one count of possession with intent to distribute a controlled substance on a premises in which individuals under the age of 18 were present and resided and one count of possession of firearms and ammunition by a drug user.
At the guilty plea, Kamm admitted that on August 4, 2016, he was in possession of at least 35 grams of pure methamphetamine in his house, which he intended to distribute to another person. Kamm also admitted that there were two minors present and that they resided at the house at the same time he possessed the methamphetamine there. Kamm further admitted possessing three handguns and ammunition, while he was an unlawful user of marijuana and methamphetamine.
Kamm was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Kamm was sentenced to a total of 99 months’ imprisonment on the drug charge with 17 months of the sentence specifically assessed due to the minors being present and residing at the residence. 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.
Kamm 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 Emily K. Nydle and investigated by the Dubuque Police Department, the Dubuque Drug Task Force 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-01002-001.
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Former Delhi City Clerk Pleads Guilty to Theft of City FundsRead the Press Release
A woman who used her position as the city clerk for the City of Delhi to steal city funds pled guilty on June 9, 2017, in federal court in Cedar Rapids.
Angela Billings, 42, from Anamosa, Iowa, was convicted of Theft Concerning 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 both the commission and concealment of her crime. By unlawfully using the city’s credit card for personal expenses and by either canceling water payments that she owed to the city or causing the city not to submit bills to her for amounts owed, Billings admitted to stealing at least $93,177 between March 2007 and January 2015.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Billings remains free on bond previously set. She faces a possible maximum sentence of 10 years’ imprisonment; a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; $100 in special assessments; and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob A. Schunk and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2032.
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Cedar Rapids Man Sentenced to 50 Years in Federal Prison for Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
A man who sexually exploited a child and possessed child pornography was sentenced today to 50 years in federal prison.
Michael Bordman, age 23, from Cedar Rapids, Iowa, received the sentence after a December 22, 2016 guilty plea to one count of sexual exploitation of a child and one count of possession of child pornography. At the plea hearing, Bordman admitted that, between 2015 and 2016, he knowingly used a child to produce child pornography. He also admitted that he possessed child pornography on a cell phone.
Bordman was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bordman was sentenced to 600 months’ imprisonment. A special assessment of $200 was imposed, Bordman was ordered to pay $3,000 in restitution, and he must also serve a 25-year term of supervised release. He must also 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, the Iowa Division of Criminal Investigation, and Homeland Security Investigations.
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 16-81.
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Federal Court of Appeals Denies Rehearing of Decision Upholding Convictions of William B. Aossey, Jr.,Read the Press Release
The United States Court of Appeals for the Eighth Circuit today denied a request to rehear its April 14, 2017, decision affirming the criminal fraud and related convictions of William B. Aossey, Jr.; Jalel Aossey; and Midamar Corporation, all of Cedar Rapids, Iowa.
On July 3, 2015, the founder of Midamar Corporation (Midamar) and Islamic Services of America, William B. Aossey, Jr., age 75, of Cedar Rapids, Iowa, was convicted by a federal jury on 15 counts of conspiracy, making false statements on export certificates, and wire fraud. On February 26, 2016, Aossey was sentenced to 24 months’ imprisonment and fined $60,000. Aossey was also ordered to forfeit $184,983 representing proceeds of the fraud. In addition, he was ordered to pay costs of prosecution of $16,824 and a special assessment of $1500.
On September 9, 2015, Midamar pleaded guilty to one count of conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud. Midamar’s guilty plea was entered by its Treasurer and a corporate director, Yahya Nasser Aossey. On February 26, 2016, Midamar was sentenced to pay a $20,000 fine and ordered to forfeit $600,000. Midamar was also placed on probation for five years. As a special condition of probation, Midamar was ordered to abide by all terms of a consent decree entered into with the USDA Food Safety Inspection Service. The consent decree required Midamar to take a variety of corrective actions and to remove certain corporate officials including Jalel Aossey and William B. Aossey from the business. Midamar was also ordered to pay a special assessment of $400.
On September 11, 2015, Jalel Aossey, age 42, then President of Midamar, pleaded guilty to one count of conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud. On March 11, 2016, Jalel Aossey was sentenced to serve 12 months’ and one day imprisonment and fined $30,000. In addition, he was ordered to pay a special assessment of $100. Aossey was ordered to serve a three-year term of supervised release after the prison term and to comply with the terms of a separate consent decree entered into with the USDA Food Safety Inspection Service. As part of that agreement and his plea agreement, Aossey was required to divest his interest in Midamar and to no longer be associated with the management or operations of Midamar.
William B. Aossey, Jr., Midamar, and Jalel Aossey each appealed their convictions. The defendants each claimed the district court, The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa, had erred by denying their motions to dismiss the cases. In their motions to dismiss, the defendants contended the district court lacked jurisdiction over their cases because Congress had reserved exclusive enforcement authority over the alleged statutory violations to the Secretary of Agriculture, and that the United States Attorney could not proceed against the defendants in a criminal prosecution. The cases were consolidated for resolution on appeal.
In a written opinion filed April 14, 2017, the United States Court of Appeals for the Eighth Circuit denied the appeals. The Court held that Congress did not express a “clear and unambiguous” intent that the district courts would not have jurisdiction over criminal violations of the Federal Meat Inspection Act. Rather, the “better reading” of the applicable statute is that it “provides an administrative enforcement mechanism for the Secretary of Agriculture that supplements the authority of the United States Attorneys to pursue criminal prosecutions in the district courts.” Further, here, “the United States Attorney properly proceeded in the district court.”
Midamar and the Aosseys then asked the Court to rehear the appeal before the same appeals panel or before a panel of all judges on the entire Eighth Circuit Court. In a one-line decision filed today, the Court of Appeals denied the rehearing request.
The cases were prosecuted by Assistant United States Attorneys Richard L. Murphy and Timothy L. Vavricek and were investigated by the United States Department of Agriculture Office of Inspector General Investigations and Internal Revenue Service Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl
The case file numbers: 14-CR-00116-LRR (William B. Aossey, Jr.); 14-CR-00138-LRR (Midamar & ISA).
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Jamaican National Sentenced to 41 Months in Federal Prison for “Outrageous Victimization of Elderly and Sick People”Read the Press Release
A Jamaican man was sentenced yesterday, in federal court in Cedar Rapids, to 41 months’ imprisonment for participating in a mail fraud scheme that defrauded an elderly and sick Illinois couple. Ricardo Fredrick Smith a/k/a “Rickey Ricardo Smith” a/k/a “Ricky” a/k/a “Stinger”, 39, from St. James Parish, Jamaica, received the prison term after his guilty plea in October 2016 to one count of Mail Fraud. Smith admitted he participated in the scheme beginning no later than September 2015, and continuing through at least December 2015. As a part of the scheme, an elderly Illinois woman was falsely told she had won a lottery and was entitled to large sums of money. She was also told the winnings or funds could be claimed only if she first mailed money for purported taxes or fees. In truth, no such winnings existed and the calls were designed only to steal from the victim and her husband, a U.S. Navy veteran who was the resident of a long-term care facility and suffering from dementia. Like many senior citizens in the United States, the couple received unsolicited telephone calls; they even changed their telephone number to avoid unsolicited calls, but such calls nonetheless resumed after they changed their phone number.
Smith lived in the United States during the growing seasons of 2015 and 2016 under an H2B visa, which allowed him to work at two Cedar Rapids area lawn-care companies. At his plea hearing and the sentencing hearing, Smith admitted that he recruited his girlfriend, Tea Ware, into the scheme in 2015 and instructed Ware to communicate with him by means of a popular encrypted instant messaging application to evade detection by law enforcement. Before leaving the United States in 2015, Smith opened a second, “shadow” banking account at a local financial institution at which he was a patron and added Ware as a joint account owner to the “shadow” account to facilitate the fraud. Then, while in Jamaica in December 2015, defendant used the encrypted messaging system to instruct Ware how to structure withdrawals of the victims’ funds from the “shadow” account in a way that would evade law enforcement scrutiny. Smith was arrested in 2016 just before leaving the United States for a second time.
The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/
Smith was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Judge Reade found Smith crime an “outrageous victimization of elderly and sick people”, noting that the elderly Illinois couple consisted of a woman with memory problems and a U.S. Navy veteran suffering from dementia who lives in a long-term care facility. When Smith asked for leniency because he was likely to be deported to Jamaica following his prison term and would live a life of poverty there, Judge Reade responded, “so be it.” Judge Reade sentenced Smith to 41 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $108,100 in restitution his elderly victims. Smith must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Acting United States Attorney Sean R. Berry stated, “Protecting the elderly and sick from financial abuse is a priority of this Office. We will continue to work with our law enforcement partners to hold these predators accountable. I thank the diligent agents of the FBI and USPIS for their hard work on this case.” FBI SAC Randall Thysse praised the cooperative efforts of the FBI, the US Postal Inspection Service and the United States Attorney’s Office to bring the perpetrator of this crime against a vulnerable victim to justice. “The US Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including Iowa. “The stiff sentence issued in this case highlights the efforts of Postal Inspectors who ensure those who conduct these schemes are brought to justice, especially when foreign nationals bring their schemes to U.S. soil.”
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-92-LRR.
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Cedar Rapids Man Charged with Distribution, Receipt, and Possession of Child PornographyRead the Press Release
Scott Ristine, age 40, of Cedar Rapids, Iowa, has been charged with distribution, receipt, and possession of child pornography. The charges are contained in an Indictment unsealed on May 30, 2017 in United States District Court in Cedar Rapids.
The Indictment alleges that, in 2015, Ristine distributed child pornography, received child pornography, and possessed child pornography on a cell phone, a memory card, a computer, and two flash drives. The Indictment also alleges that Ristine was convicted of receipt of child pornography in the Northern District of Iowa in 2002.
If convicted, Ristine faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 180 years’ imprisonment, a $1,750,000 fine, $35,700 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Ristine appeared today in federal court in Cedar Rapids for a detention hearing and was held without bond. Ristine’s next appearance for trial is set for July 31, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Cedar Rapids Police Department 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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Law Enforcement Officers Receive Awards at Annual ConferenceRead the Press Release
On May 25, 2017, Acting United States Attorney Sean R. Berry of the Northern District of Iowa and United States Attorney Kevin VanderSchel of the Southern District of Iowa presented awards to numerous Iowa law enforcement officers at the 31st Annual Law Enforcement Coordinating Committee’s Executive Training Conference. The awards are presented to law enforcement officers who have gone above and beyond the call of duty in their efforts to make our community safer.
Awards were given to four groups of law enforcement officers:
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The Cedar Rapids Safe Streets initiative, comprised of the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation, was honored for its work in identifying and prosecuting the most violent offenders in Cedar Rapids. Through a concerted, proactive, long-term effort, the Cedar Rapids Safe Streets initiative utilized the expertise of multiple agencies and targeted the most violent actors in the community. In a single year, this initiative resulted in the indictment of ten individuals, seven of whom have been convicted and sentenced for a total of more than 44 years.
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The Des Moines Police Department, Ames Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives were honored for their work in investigating a string of robberies in the Des Moines area in 2016. As a result of the tireless efforts of numerous officers, on April 28, 2017, the ring-leader of the robbery crew, Alexander Hamilton, pled guilty to interference with commerce by robbery and admitted to committing 17 robberies from March 2016 to April 2016, included robberies of Git-N-Go (10); Kum & Go (3); Hy-Vee (3); and U.S. Bank (1). Three other individuals, Sarah Coe, Shelly Avery, and Chris Avery, pled guilty to aiding and abetting the robberies. All defendants are scheduled to be sentenced this summer. Each faces up to 20 years’ imprisonment.
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Officers from the Sioux City Police Department, the Federal Bureau of Investigation, and the Minnehaha County, South Dakota, Sheriff’s Office were honored for their work in investigating the brutal murder of Tony Canfield in 2011 as he attempted to escape armed robbers holding him and his wife captive. In 2016, Courtland Clark, from Flowery Branch, Georgia, Robert Beaver from Sioux City, Iowa, and Devery Hibbler from Dumas, Arkansas, were each convicted of one count of interference with commerce by robbery in relation to the murder. In addition, Clark and Hibbler also pled guilty to one count of use of a firearm during and in relation to a crime of violence causing death. Hibbler was sentenced to 35 years in federal prison. Clark, who supplied the gun for the robbery, was sentenced to 21 years. Finally, Beaver was sentenced to 20 years' imprisonment.
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Members of the Iowa City Police Department, Johnson County Sheriff’s Office, Coralville Police Department, Iowa Division of Narcotics Enforcement, and the Johnson County Drug Task Force were honored for their work in combating heroin trafficking in Iowa City. Beginning in and around December 2015, the Iowa City/Coralville area saw an increase in heroin-related deaths and overdoses. Through the coordinated efforts of nine separate law enforcement agencies, six arrests were made, resulting in six convictions for trafficking in heroin. Investigators believed the heroin distributed by this conspiracy was associated with at least six heroin related deaths or overdoses. As a result of this investigation and subsequent convictions, the Iowa City/Coralville area saw a significant decline in heroin related deaths and overdoses.
All of the law enforcement officers honored have gone above and beyond the call of duty to assist crime victims and make the community a safer place. Because of their dedication, long hours, and commitment to service, our communities are better places.
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Dubuque Man Pleads Guilty to Perjuring Himself Before a Federal Grand JuryRead the Press Release
A Dubuque man pled guilty today in federal court in Cedar Rapids to perjuring himself before a federal grand jury in January 2017.
John Michael Gronen, 19, from Dubuque, Iowa, was convicted of the crime of 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. Specifically, Gronen falsely testified that he had never seen a particular sawed-off shotgun, when in truth 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 in truth he saw two people using cocaine and marijuana in his basement on that date.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Gronen was released on a personal recognizance bond, subject to a number of terms and conditions, pending sentencing. Gronen faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being 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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Mason City Man Pleads Guilty to Possession of Child PornographyRead the Press Release
A man who possessed child pornography pled guilty today in federal court in Cedar Rapids.
Jeffery Landheer, age 46, from Mason City, Iowa, was convicted of one count of possession of child pornography. At the plea hearing, Landheer admitted that, between 2009 and 2016, he knowingly possessed child pornography on a computer hard drive.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Landheer was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Landheer faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, 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 Mason City 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 17-3011.
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Married Couple Plead Guilty to Participating in Fraud that Targeted Elderly Victims Throughout the United StatesRead the Press Release
Two more people, a married couple, who participated in a scheme to defraud victims across the United States have pled guilty in federal court in Cedar Rapids.
Michael Marcov, age 26, and Stephanie Marcov, age 27, from Hazel Green, Wisconsin, pled guilty today and were each convicted of one count of wire fraud.
At their plea hearings and in written plea agreements, the Marcovs admitted they participated in a scheme to defraud people throughout the United States and that the fraud was primarily targeted towards the elderly. They 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. Both Marcovs admitted that they were participants in and around Dubuque who received wire transfers from the victims and also sent the proceeds of the fraud via wire transfer to other participants of the scheme often located in the Dominican Republic.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Michael Marcov remains in custody of the United States Marshal pending sentencing. Stephanie Marcov remains remains free on bond previously set. Each faces a possible maximum sentence of 20 years’ imprisonment, a fine, and 3 years of supervised release following any imprisonment.
Two other people have previously pled guilty to their role 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 of the scheme. 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.
The cases are being prosecuted by Assistant United States Attorneys Timothy Vavricek and Anthony Morfitt and were investigated by 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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Resident Alien Sentenced to Federal Prison for Iowa-Minnesota Meth ConspiracyRead the Press Release
A man was sentenced May 17, 2017, to more than five years in federal prison for conspiracy to distribute methamphetamine.
Daniel Perez-Heredia, 29, from Worthington, MN received the prison term after a guilty plea on February 15, 2017, to conspiracy to distribute methamphetamine.
At his guilty plea hearing, Perez-Heredia admitted his involvement in a conspiracy that distributed at least 500 grams of mixed methamphetamine which contained at least 150 grams of actual (pure) methamphetamine from 2015 through September 2016 in Minnesota and Iowa. In 2015 and 2016, Perez-Heredia: (1) purchased up to one-ounce quantities of methamphetamine from Rogelio Garcia Jimenez for redistribution; (2) traded marijuana for methamphetamine for redistribution on multiple occasions; (3) sent money (about $1,000 one time) by wire transfer to sources of supply; and (4) often “middled” (distributed) methamphetamine received from another individual to customers.
Perez-Heredia was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Perez-Heredia was sentenced to 67 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 4-year term of supervised release after the prison term. Perez-Heredia 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 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 the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force; and Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4084. Follow us on Twitter @USAO_NDIA.
Milford, Iowa Man Sentenced to Federal Prison for Drug ConvictionRead the Press Release
A man who conspired to distribute methamphetamine in the Milford area was sentenced on May 16, 2017, to 10 years in federal prison.
Jeremy Hoffman, age 29, from Milford, Iowa, received the prison term after a January 11, 2017, guilty plea to one count of conspiracy to distribute methamphetamine.
In a plea agreement, Hoffman admitted he and others conspired to distribute methamphetamine from about 2014 through October 18, 2016, in the Northern District of Iowa and elsewhere. Hoffman was personally involved in the distribution of at least 1.3 kilograms of methamphetamine, selling as much as a half-pound to a single customer per week. During the conspiracy, Hoffman sent text messages detailing an incident in which someone stole “ten grand” from him. In those text messages, Hoffman stated that he retaliated against that individual by violently assaulting him with the handle of a pickaxe.
Hoffman was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Hoffman was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Hoffman 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 Dickinson County Sheriff’s Office, the Clay County Sheriff’s Office, and the O’Brien County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR16-4091.
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Fort Dodge Man to Prison for Violating Supervised ReleaseRead the Press Release
A man who violated the terms of his supervised release was sentenced on May 15, 2017, to three years in federal prison.
LaMarcus Lamar Gully, 31, from Fort Dodge, Iowa, received the prison term on May 15, 2017, after a number of findings of violations of supervised release.
Gully admitted he violated a number of terms of his supervision, including failure to comply with drug testing and committing new law violations, which included State of Iowa convictions, one in December 2015 for assault/domestic abuse and another in October of 2016, for two counts of delivery cocaine to another person.
Gully was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Gully was sentenced to 36 months’ imprisonment. Gully was also ordered to serve his federal sentence consecutive to any time served on his State of Iowa sentences. He will not have to serve any term of supervised release after the prison term. There is no parole in the federal system.
Gully 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 the United States Probation Office and Fort Dodge Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 08-3005.
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Fort Dodge Man to Prison for Violating Supervised ReleaseRead the Press Release
A man who violated the terms of his supervised release was sentenced on May 15, 2017, to three years in federal prison.
LaMarcus Lamar Gully, 31, from Fort Dodge, Iowa, received the prison term on May 15, 2017, after a number of findings of violations of supervised release.
Gully admitted he violated a number of terms of his supervision, including failure to comply with drug testing and committing new law violations, which included State of Iowa convictions, one in December 2015 for assault/domestic abuse and another in October of 2016, for two counts of delivery cocaine to another person.
Gully was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Gully was sentenced to 36 months’ imprisonment. Gully was also ordered to serve his federal sentence consecutive to any time served on his State of Iowa sentences. He will not have to serve any term of supervised release after the prison term. There is no parole in the federal system.
Gully 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 the United States Probation Office and Fort Dodge Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 08-3005.
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Hull Iowa Woman Sentenced to More Than Four Years’ in Prison for Mail Fraud and Filing a False Tax ReturnRead the Press Release
A woman who devised a scheme to defraud and obtain money through the United States Mail under false pretenses and filed a fraudulent tax return was sentenced May 11, 2017, to more than four years in federal prison.
Ranae Harriet Van Roekel, age 49 from Hull, Iowa, received the prison term after a July 29, 2016, guilty plea to one count of mail fraud and one count of filing a false tax return. Van Roekel’s scheme involved selling non-existent tickets and accommodations to various sporting events, including the Super Bowl, over a four year time frame. After her plea of guilty and while pending sentencing, Van Roekel engaged in another scheme to defraud by selling non-existent gift bags.
During her sentencing hearing, District Judge Mark W. Bennett said that Van Roekel’s scheme had “wreaked havoc on many people’s lives.” Glenn Lange, one of the victims of defendant’s crimes, described how he had purchased Super Bowl tickets from Defendant at a fund-raiser for a cancer patient. Lange said that the tickets were intended for the cancer patient, but the tickets were never delivered. Judge Bennett noted the aggravating nature of the fraud occurring at a fund raiser for a cancer victim. Judge Bennett also described how Van Roekel’s scheme had defrauded friends and family members and that defendant had never apologized for her actions. Judge Bennett characterized Van Roekel’s lack of apology to her friends and neighbors as “inexcusable” to the court.
Van Roekel was sentenced to 51 months’ imprisonment. A special assessment of $200 was imposed, and she was ordered to make $467,966.99 in restitution to the victims. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Van Roekel was released on the bond previously set and is to surrender to the United States Marshal on a date yet to be set.
The case was prosecuted by Assistant United States Attorneys Forde Fairchild and Jamie Bowers and investigated by the United States Postal Service and the Internal Revenue Service.Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-4059.
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Northern Iowa Man Pleads Guilty to Providing False Documents to Farm Credit Services of AmericaRead the Press Release
A man who made false statements to Farm Credit Services of America (FCSA) pled guilty on May 9, 2017, in federal court in Cedar Rapids.
Michael Royster, age 52, pled guilty to making False Statements to a Production Credit Association.
In a plea agreement, Royster admitted that, in an effort to obtain more than $3 million in credit 2015, he provided FCSA falsified contracts and documents purporting to show that local cooperatives or other purchasers were storing a greater quantity of corn and soybeans than what he and his son and their entities actually had in storage. He further admitted that he also provided fake documents to FCSA in 2012 and 2013 and to Heartland Bank in 2011. The amount of unpaid principal on the loans FCSA extended to defendant and his son exceeds $1 million.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Royster remains free on bond pending sentencing. He faces a possible maximum sentence of 30 years’ imprisonment, a fine equal to or greater than twice the gross gain or gross loss resulting from the offense or $1 million, $100 in special assessments, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3018.
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Dubuque Area Men Plead Guilty to Participating in Fraud that Targeted Elderly Victims Throughout the United StatesRead the Press Release
Two men who participated in a scheme to defraud victims across the United States have pled guilty in federal court in Cedar Rapids.
Carlos Rodriguez, age 37, from the Dubuque, Iowa area, pled guilty today and was convicted of one count of wire fraud.
At the plea hearing, Rodriguez admitted he participated in a scheme to defraud people throughout the United States and that the fraud was primarily targeted towards the elderly. Rodriguez 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 Money Gram to get the relative released. Rodriguez further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers. Rodriguez admitted that he was one of the participants in and around Dubuque who received wire transfers from the victims.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Rodriguez remains in custody of the United States Marshal pending sentencing. Rodriguez faces a possible maximum sentence of 20 years’ imprisonment, a fine, and 3 years of supervised release following any imprisonment.
Previously, on March 2, 2017, another individual, Shawn Vaassen, pled guilty to participating in the same scheme to defraud as Rodriguez. At his plea hearing, Vaassen admitted that he too was picking up wire transfers sent to the Dubuque area by victims of the scheme. At the same plea hearing, Vaassen also pled guilty to unlawfully possessing a sawed off shotgun.
The cases are being prosecuted by Assistant United States Attorneys Timothy Vavricek and Anthony Morfitt and were investigated by 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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Illegal Alien Sentenced to Federal Prison for Iowa-Minnesota Meth ConspiracyRead the Press Release
A man was sentenced May 5, 2017, to five years in federal prison for conspiracy to distribute methamphetamine.
Marcus Cervantes Martinez, 35, from Worthington, MN received the prison term after a guilty plea on February 2, 2017, to conspiracy to distribute methamphetamine.
At his guilty plea hearing, Cervantes Martinez admitted his involvement in a conspiracy that distributed at least 50 grams of mixed methamphetamine which contained at least 5 grams of actual (pure) methamphetamine from 2015 through September 2016 in Minnesota and Iowa. Cervantes Martinez also admitted to distributing ¼ pound of mixed methamphetamine to an individual cooperating with law enforcement in August 2016.
Cervantes-Martinez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Cervantes Martinez was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 4-year term of supervised release after the prison term. Cervantes 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 Shawn S. Wehde 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 the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force; and Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4084. Follow us on Twitter @USAO_NDIA.
Former Hopkinton Ethanol Plant Executive Charged with Fraud, Aggravated Identity Theft, and Money LaunderingRead the Press Release
Darrell Smith, age 61, from Forest City, Iowa, has been charged with mail fraud, wire fraud, money laundering, and aggravated identity theft. The charges are contained in a Complaint filed last month in United States District Court in Cedar Rapids. The Complaint follows Smith’s conviction and 13-month prison sentence imposed late last year for payroll tax fraud.
The Complaint alleges Smith was a broker and adviser for several investment firms. After one of the firms allowed Smith to resign in March 2012, a number of customer disputes were filed against Smith alleging misrepresentation, conversion, and purchase of investments without authorization. In 2013, Smith consented to having his securities agent license and insurance producer license in the State of Iowa revoked.
The Complaint specifically alleges that Smith solicited funds from many of his investment clients to be invested in Permeate Refining, LLC, which operated a now-defunct ethanol plant in Hopkinton, Iowa, by having funds transferred to what is now known as Energae, LP. Smith was one of the original general partners of Energae, which was formed in 2008 to invest in different bio-energy companies. Many of Smith’s clients agreed to make such investments, while others did not. The Complaint further alleges that, on a number of occasions, Smith nevertheless caused money to be transferred or checks to be issued via wire and/or mail from his clients’ investment accounts without their knowledge or authorization. Smith deposited the funds in accounts he controlled through Energae and then used those funds for the operation of Permeate and for other purposes. Smith either used pre-signed, blank authorization forms or forged his clients’ signatures without their authority. The Complaint details allegations concerning three of Smith’s clients in 2012 and 2013—an Alaska resident, a Forest City clergyman, and a trust created for a retired veterinarian from Mississippi.
If convicted on all charges, Smith faces a mandatory minimum sentence of two years’ imprisonment, a possible maximum sentence of 72 years’ imprisonment, a $1.25 million fine, $500 in special assessments, and 15 years of supervised release following imprisonment.
Smith appeared on May 1, 2017 in federal court in Cedar Rapids and was held without bond. On May 3, 2017, United States District Judge Linda R. Reade ordered Smith detained pending further proceedings. In a written order, Judge Reade found Smith was “a serious risk” to “obstruct justice or attempt to obstruct justice.” The Court noted that, while on pretrial release in last year’s payroll tax fraud case, Smith had violated a no-contact order, made misrepresentations to the Court, and distributed a report to prospective investors that contained several misrepresentations. The report was a so-called private placement memorandum advertising the sale of as much as $20 million in purported federal tax credits arising out of Permeate Refining, LLC—even though the Hopkinton plant was defunct since 2013—but under the name “Texas Energy and Water, Inc.” and allegedly pursuant to a “Cooperative Research and Development Agreement” with the United States Department of Agriculture. Last year, a USDA official from Ames, Iowa, testified at one of Smith’s detention hearings that a document bearing USDA letterhead that Smith had filed in federal district court was forged, and testimony at this week’s detention hearing revealed that the official had repeatedly instructed Smith to stop using his signature without the USDA official’s permission. The Court found Smith was a continued “financial danger” to the community.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation, the United States Postal Service Inspection Service, Internal Revenue Service-Criminal Investigation, and the United States Department of Agriculture, Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-mj-111.
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Eight-Time Felon Indicted on Federal Firearms ChargRead the Press Release
Erwin Keith Bell, age 36, from Clinton, Iowa, has been charged with one count of Felon in Possession of a Firearm. The charge is contained in an Indictment filed yesterday in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about February 4, 2017, Bell knowingly 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. In an affidavit filed last month in the case, it was alleged that an officer with the Mount Vernon Police Department conducted a traffic stop on a car in which Bell was seated in the front passenger seat after sunset on February 4, 2017. During the course of the traffic stop, Bell assaulted the officer by striking him after the officer saw a marijuana pipe between Bell’s legs. Bell then fled on foot, and the officer pursued him. After the officer caught him, Bell continued to assault the officer, punching and kicking him in the face. Bell removed the officer’s baton and struck the officer with the baton in an attempt to gain access to the officer’s taser. Bell was eventually placed under arrest. During a search of the car, police located drug paraphernalia, baggies, a scale, marijuana, and cocaine.
If convicted, Bell faces up to life in prison, a $250,000 fine, a $100 special assessment, and five years of supervised release following any imprisonment.
Bell appeared on April 14, 2017 in federal court in Davenport and was held without bond. Bell’s next appearance in Cedar Rapids is set for May 9, 2017, at 3:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the 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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Iowa Man Sentenced to Federal Prison for Iowa-Minnesota Meth ConspiracyRead the Press Release
A man was sentenced May 2, 2017, to more than six years in federal prison for conspiracy to distribute methamphetamine.
Sergio Lopez-Granillo, 25, from Sioux Center, IA, received the prison term after a guilty plea on January 26, 2017, to conspiracy to distribute methamphetamine.
At his guilty plea hearing, Lopez-Granillo admitted his involvement in a conspiracy that distributed at least 1,500 grams of actual (pure) methamphetamine from 2015 through September 2016 in Minnesota and Iowa. Lopez-Granillo admitted he repeatedly purchased 1 to 2 ounces of methamphetamine for a total of nearly 25 pounds from Rogelio Garcia-Jimenez in Worthington, MN for redistribution/use in Iowa over the course of about three years ending in 2016. Lopez-Granillo also admitted to distributing methamphetamine to an individual cooperating with law enforcement on a number of occasions.
Lopez-Granillo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Lopez-Granillo was sentenced to 61 months’ imprisonment. A special assessment of $300 was imposed. He must also serve a 2-year term of supervised release after the prison term. Lopez-Granillo 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 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 the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force; and Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4084. Follow us on Twitter @USAO_NDIA.
Mexican Man Sentenced to Three Years in Prison for Identity TheftRead the Press Release
A man from Mexico illegally residing in the United States who stole the identity of a United States citizen was sentenced May 1, 2017, to three years in federal prison.
Francisco Hernandez-Espinoza, age 24, residing in Hampton, Iowa, received the prison term after a December 29, 2016, guilty plea to one count of misuse of a social security number and one count of aggravated identity theft.
During the plea hearing, Hernandez-Espinoza admitted that, on June 4, 2012, he illegally used the name and Social Security account number of a United States citizen to obtain employment in Clarion, Iowa. On November 3, 2016, Hernandez-Espinoza was arrested by immigration agents in Hampton, Iowa. At that time, Hernandez-Espinoza turned over to agents identification documents, including a birth certificate, all in the name of the U.S. citizen whose identity he knowingly used. During the sentencing hearing, Hernandez-Espinoza admitted that, between 2011 and 2015, he was convicted eight times in Iowa and Minnesota of using the name of the U.S. citizen, including after being arrested for criminal sexual conduct and domestic abuse assault.
Hernandez-Espinoza was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Hernandez-Espinoza was sentenced to 36 months’ imprisonment and fined $5,000. A special assessment of $200 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.
Hernandez-Espinoza 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 16-CR-2044-LRR.
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Dubuque Gang Member Sentenced for Possession with Intent to Distribute Marijuana Near a School and PlaygroundRead the Press Release
A Dubuque gang member was sentenced on Wednesday to more than two years in federal prison.
Frank Dontrell Washington, Jr., age 22, from Dubuque, Iowa, received the prison term after a December 7, 2016, jury verdict finding him guilty of possession with intent to distribute marijuana within 1,000 feet of a public elementary school and playground.
Evidence at trial showed that police searched Washington’s home in June 2016. During the search, the police found a distribution quantity of marijuana under Washington’s bed. During a recorded interview, Washington admitted he intended to sell the marijuana found in his residence. Evidence at the sentencing included hundreds of pages of Washington’s social media accounts depicting Washington and others with guns and drugs, and pictures of Washington making hand signals of the Mulla Mafia Gang, or MMG, a street gang in Dubuque.
Washington was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Washington was sentenced to 27 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. Washington 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 Dubuque Police Department and Department of Homeland Security, Homeland Security Investigations, and 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 16-CR-01029-LRR.
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DEA Prepares for Prescription Drug Takeback DayRead the Press Release
Acting United States Attorney Sean R. Berry wants to encourage the public to participate in the Drug Enforcement Administration’s National Prescription Drug Takeback Day on Saturday, April 29, 2017, from 10:00 a.m. to 2:00 p.m.
Acting United States Attorney Berry stated, “The DEA’s National Takeback Initiative has been very successful and offers an anonymous and free opportunity to get rid of unwanted pills.” Berry went on to add, “The threat of prescription drug abuse leading to more serious drug addictions is real. The Takeback Day is a day our community should come together to fight the opioid and heroin epidemic crossing our nation and impacting our citizens.”
On October 22, 2016, the public turned in 731,269 pounds, almost 366 tons, of medication to DEA and more than 4,000 of its community partners at almost 5,200 collection sites nationwide. Over the life of the program, 7.1 million pounds, more than 3,500 tons, of prescription drugs have been removed from medicine cabinets, kitchen drawers, and nightstands by citizens around the country.
Unused medicines in the home are a problem because the majority of the 6.4 million Americans who abused CPDs in 2015, including the almost 4 million who abused prescription painkillers, say they obtained those drugs from friends and family, including from a home medicine cabinet, according to the National Survey on Drug Use and Health release last month. Some painkiller abusers move on to heroin: four out of five new heroin users started with painkillers. Almost 30,000 people, 78 a day, died from overdosing on these painkillers or heroin in 2014, according to the Centers for Disease Control and Prevention.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines, such as flushing them down the toilet or throwing them in the trash, post potential safety and health hazards.
Collection sites will be set up throughout communities nationwide. Through the cooperative efforts of federal, state, and local authorities, there is a takeback collection site located in 50 of the 52 counties comprising the Northern District of Iowa. To locate a collection site near you, go the DEA Office of Diversion Control website at https://www.deadiversion.usdoj.gov/drug_disposal/takeback where you can search by zip code, city, or state. The service is free and anonymous.
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Sioux City Man Sentenced to Federal Prison for Unlawful Possession of A Firearm and AmmunitionRead the Press Release
A Sioux City man was sentenced on Monday, April 24, 2017, to 10 years in federal prison.
Donavan Cross, 25, from Sioux City, Iowa, received the prison term after a December 15, 2016, jury verdict finding him guilty of being a prohibited person in possession of a firearm and ammunition.
On June 4, 2016, officers from the Sioux City Police Department responded to a 911 call involving a disturbance between Cross and his live-in girlfriend. Officers spoke to Cross’s girlfriend, who stated that she wanted to gather her belongings and move back with her mother. The girlfriend then led officers to the bedroom that she shared with Cross. Officers discovered a 9mm pistol with a fully loaded clip, further investigation led to the discovery of ammunition, and a holster in the residence. When confronted, Cross immediately claimed the pistol belonged to his grandmother, who also lived with him. He also denied the bedroom in which the pistol was found belonged to him, in spite of his grandmother identifying the bedroom and studio as belonging to Cross.
Cross was sentenced in Sioux City by United States District Court Senior Judge Mark W. Bennett. Cross was sentenced to 120 months’ imprisonment, the maximum under the law. 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.
Cross 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 Sioux City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-4067.
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More Than Fifteen Men Charged with Violations of Federal Gun LawsRead the Press Release
Law enforcement agencies across Iowa continue to make the area safer by addressing the problem of gun crime and violence. Acting United States Attorney Sean R. Berry announced charges and arrests in seventeen recent federal gun cases at a press conference held at the United States Attorney’s Office. Berry was joined by Donald Dockendorf, Bureau of Alcohol, Tobacco, Firearms and Explosives, Thomas Reinwart, Federal Bureau of Investigation, Captain Dave Mohlis, Waterloo Police Department, Deputy Chief Thomas Jonker, Cedar Rapids Police Department, and Corporal James Hancox, Marion Police Department.
“As Attorney General Jeff Sessions recently emphasized, the Department of Justice is committed to investigating, prosecuting, and deterring violent crime,” Berry said. “Historically, gun violence and crime rise sharply as temperatures rise. With summer approaching, my office will continue to work with the Cedar Rapids Safe Streets Task Force, Waterloo Federal Task Force, and all of our federal, state, and local partners to combat violent crime by prosecuting the most dangerous of criminal offenders, including those who unlawfully possess and use firearms.”
In recent weeks, the work of federal, state, and local law enforcement agencies has resulted in the following matters in federal court in Cedar Rapids:
Erwin Bell, age 36, of Clinton, Iowa, Gerraud Bruns, age 26, of Dubuque, Iowa, David Caldwell, age 27, from Chicago, Illinois, Daniel Henriksen, age 29, of Elgin, Iowa, Albert Gunnard Linne, age 42, of Lowden, Iowa, Troy Postel-Vargason, 34, from Independence, Iowa, Nicodimus Coles, age 21, Derek Hines, age 32, James Mitchell, age 36, Terrence Clark Shaffer, age 23, and Darryl Williams, age 29, all of Cedar Rapids, Iowa, and Willie Johnson, age 45, Wayne Jones, age 37, Dayton Myers, age 20, Anntwan Dayshawn Phillips, age 25, Jyshawn Robertson, age 19, and Eric Sallis, age 26, all of Waterloo, Iowa, have all been charged with various violations of federal law including possessing a firearm as a felon or drug user. The charges are contained in Complaints and Indictments filed recently in United States District Court in Cedar Rapids.
The complaint filed against Bell alleges that, on February 4, 2017, Bell possessed a loaded .22 caliber revolver after being convicted of seven separate felony offenses. An officer with the Mount Vernon Police Department Police conducted a traffic stop on a car in which Bell was seated in the front passenger seat. During the course of the traffic stop, Bell assaulted the officer by striking him. Bell then fled on foot, and the officer pursued him. After the officer caught him, Bell continued to assault the officer, punching and kicking him in the face. Bell removed the officer’s baton and struck the officer with the baton in an attempt to gain access to the officer’s taser. Bell was eventually placed under arrest. During a search of the car, police located drug paraphernalia, baggies, a scale, marijuana, and cocaine. The case file is 17-MJ-65.
The indictment filed against Bruns, alleges that, on May 6, 2016, Bruns possessed a .40 caliber pistol and .40 caliber ammunition while being an unlawful user of marijuana. Bruns had his first appearance in federal court in Minnesota on November 22, 2016. He was released on bond and scheduled for a second court appearance in Iowa on November 28, 2016. Bruns failed to appear for that hearing and was later arrested in Minnesota on April 6, 2017. He had his first court appearance in Iowa on April 20, 2017. The case file is 16-CR-1036 and 17-MJ-351 (District of Minnesota).
The complaint filed against Caldwell alleges that, on February 3, 2017, Caldwell possessed a .22 caliber revolver while being an unlawful user of marijuana. The complaint alleges that on February 3 officers with the Dubuque Police Department responded to a report of a disturbance, including a possible shooting. Officers found a man who had been shot in the leg. During a subsequent traffic stop, officers located Caldwell in possession of marijuana, and a .22 caliber revolver. The case filed is 17-MJ-131.
The complaint filed against Henriksen alleges that, on June 17, 2016, law enforcement officers and emergency medical personnel responded to Henriksen’s home in Elgin after receiving a 911 call reporting that a four-year old boy had shot himself in the head. Once at the residence, they located a child suffering from a gunshot wound to his head. The child was transported to Palmer Lutheran Hospital in West Union, Iowa, where he was later pronounced dead. The complaint also alleges that during the investigation of the child’s death, investigators determined that Henriksen was the owner of the firearm used in the shooting, which was a Glock 36, .45 caliber handgun. During a search of Henriksen’s residence, officers seized several items of drug paraphernalia, including marijuana smoking devices. The case file is 17-MJ-120 and 17-CR-2021
The complaint filed against Linne alleges that, on October 25, 2016, Linne possessed a loaded .45 caliber pistol and .45 caliber ammunition after being convicted of three separate felony offenses. The complaint alleges that on October 25, police executed a search warrant at Linne’s residence in Lowden and seized the firearm and two loaded magazines from the master bedroom, as well as additional ammunition from a kitchen drawer. The case file is 17-MJ-83 and 17-CR-22.
The indictment filed against Myers alleges that, on January 3, 2017, Meyers possessed a .22 caliber pistol while being an unlawful user of marijuana. Evidence presented during a court hearing detailed that at approximately 8:00 p.m. on January 3, Myers discharged the firearm towards a home. The case file is 17-CR-2018.
The complaint filed against Phillips alleges that on March 18, 2017, Phillips possessed a loaded AP 7.65 Browning firearm after being convicted of a felony offense. The complaint alleges that on March 18, Waterloo police officers responded to a report of shots fired near Ankeny Street. Officers located Phillips nearby and in possession of the firearm. The case file is 17-MJ-129.
The complaint filed against Postel-Vargason alleges that, on February 9, 2017, Postel-Vargason possessed a loaded 9mm handgun with an obliterated serial number after being convicted of two separate felony offenses. The complaint alleges that on February 9, officers with the Independence Iowa Police Department responded to a report of a suspicious person lying in a field and located Postel-Vargason in a hypothermic state. Postel-Vargason was also in possession of the firearm, cash, and more than 500 grams of methamphetamine. The case file is 17-MJ-127.
The complaint filed against Sallis alleges that, on November 27, 2016, Sallis possessed ammunition as a felon and on December 10, 2016, Sallis possessed a firearm and ammunition as a felon. The complaint alleges that on November 27, police responded to reports of a shooting on Kern Street in Waterloo. Witnesses reported that Sallis had shot at another male multiple times. During the investigation, police seized 9mm FC shell casings from the scene. On December 10, police located Sallis outside an apartment building. Police arrested Sallis and executed a search warrant at an apartment associated with Sallis. Officers seized a 9mm pistol, loaded with FC 9mm ammunition, and marijuana from the apartment. Sallis admitted to possessing both the firearm and marijuana. The case file is 17-MJ-0071 and 17-CR-2017.
The complaint filed against Shaffer alleges that, on February 1, 2017, Shaffer possessed a loaded 9mm handgun after being convicted of three separate felony offenses. On February 1, Marion Police responded to a residence after receiving a report of a domestic disturbance. Shaffer was present and placed under arrest. During a search of the residence, police located a loaded 9mm handgun, cocaine, a digital scale, $835, and cell phones. Photographs depicting Shaffer in possession of the firearm were later recovered. The case file is 17-MJ-130.
The complaint against Williams alleges that on January 31, 2017, Williams possessed a loaded 9mm pistol and additional 9mm ammunition after being convicted of three separate felony offenses and two prior misdemeanor crimes of domestic violence. On January 31, officers conducted a traffic stop on a car driven by Williams. During the stop, Williams fled on foot from officers. Officers eventually placed him under arrest and discover a loaded 9mm pistol in his pants and a loaded magazine in his pants pocket. Officers also found marijuana in a separate pocket. The case file is 17-MJ-132.
The indictment filed against Coles alleges that, on October 29, 2016, Coles possessed an AR-556 rifle after being convicted of a felony offense. The indictment also alleges that Coles knowingly made a false statement while purchasing the firearm, by falsely representing that he had never previously been convicted of a felony. The case file is 17-CR-21.
The indictment filed against Hines alleges that, on January 31, 2107, Hines possessed a 9mm pistol after being convicted of a felony offense and while being an unlawful user of methamphetamine. The case file is 17-CR-0200.
The indictment filed against Willie Johnson alleges that, on March 25, 2017, Johnson possessed a 9mm pistol after being convicted of two separate felony offenses. The indictment also alleges that the firearm possessed by Johnson was stolen, and Johnson knew and had reasonable cause to believe that the firearm was stolen. The case file is 17-CR-2019.
The complaint filed against Jones alleges that, on April 12, 2017, Jones possessed a loaded 9mm handgun and 9mm ammunition after being convicted of a felony offense and as an unlawful user of marijuana. The case file is 17-MJ-134.
The indictment filed against Mitchell alleges that, on October 8, 2016, Mitchell possessed .45 caliber ammunition after being convicted of a felony offense. The case file is 17-CR-19.
The indictment filed against Robertson alleges that, on June 21, 2016, Robertson possessed a 9mm rifle and ammunition while being an unlawful user of marijuana. The case file is 17-CR-2020.
If convicted on these charges, all defendants face 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.
Defendants Troy Postel-Vargason and Willie Johnson remain fugitives. Anyone with information regarding the whereabouts of Willie Johnson or Troy Postel-Vargason is asked to contact Crime Stoppers at 319-232-5583 or 855-300-8477.
Willie Johnson is a 45-year-old black male, approximately 5 feet, 10 inches tall. He is pictured below:
Troy Postel-Vargason is a 34-year-old white male, approximately 5 feet, 9 inches tall. He is pictured below:
As with any criminal case, a charge is merely an accusation and each defendant is presumed innocent until and unless proven guilty.
The cases were investigated by the Bureau of Alcohol Tobacco and Firearms, the Federal Bureau of Investigation, the Cedar Rapids Safe Streets Task Force (composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department); the Waterloo 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); the Iowa Division of Criminal Investigations, the Cedar Rapids Police Department, the Dubuque Police Department, the Marion Police Department, the Mount Vernon Police Department, the Waterloo Police Department, the Cedar County Sheriff’s Office, and the Fayette County Sheriff’s and are being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.
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Media Advisory: Press Conference to Announce Federal Gun-Related Charges and ArrestsRead the Press Release
CEDAR RAPIDS, IA – There will be a press conference held on Monday, April 24, 2017, at 2:00 p.m. at the United States Attorney’s Office in the federal courthouse, 111 Seventh Ave SE, in Cedar Rapids. Acting U.S. Attorney Sean R. Berry and representatives from the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Cedar Rapids, Waterloo, and Marion Police Departments will be present at the press conference. The purpose of the press conference is to announce recent federal gun-related charges and arrests in Eastern Iowa.
Event Details
When: April 24, 2017
Where: United States Attorney’s Office, 111 Seventh Ave SE
Time: 2:00 p.m.
A press release will be provided and interview opportunities will be available.
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Felon Who Threatened to Kill a Woman Convicted of Illegally Possessing a FirearmRead the Press Release
A man who threatened to kill a Cedar Rapids woman was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.
Darrell Junior Sims, age 29, of Cedar Rapids, Iowa, was convicted of one count of being a felon in possession of a firearm. The verdict was returned this morning following about an hour and a half of jury deliberations.
The evidence at trial showed that during a phone call on January 27, 2017, Sims threatened to kill a female companion. When the woman asked what he planned to kill her with, Sims told her to look under her mattress. The woman looked under the mattress and found a loaded revolver and a loaded pistol. The woman contacted the United States Marshals Service, and two Deputy Marshals arrived and collected the firearms. While the deputies were collecting the firearms, Sims called the woman again. A deputy recorded the conversations, during which Sims accused the woman of allowing his guns to be stolen.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Sims remains in custody of the United States Marshal pending sentencing. Sims 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.
The case was investigated by the United States Marshals Service and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and 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 17-CR-5-LTS.
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Dubuque Man Convicted of Selling Heroin and Fentanyl Analogue that Killed One and Injured Two OthersRead the Press Release
A man who distributed drugs that caused an overdose death and two serious injuries was convicted by a judge on April 19 after a four-day trial in federal court in February in Cedar Rapids.
Antrell Desharron Lewis, age 23, of Chicago, Illinois, was convicted of one count of conspiracy to distribute heroin and furanylfentanyl resulting in death and serious bodily injury, and one count of distributing heroin and furanylfentanyl resulting in death and serious bodily. The verdict was returned on April 19.
The evidence at trial showed that Lewis sold heroin to multiple customers in the Dubuque, Iowa, area in 2015 and 2016. His customers knew him as “Lucky” or “Five Star.” In early March 2016, four men from Maquoketa, Iowa, drove to Dubuque to purchase heroin from Lewis. Lewis and another man met with one of the Maquoketa men, and Lewis sold him a substance Lewis represented to be heroin. The Maquoketa men then drove to an apartment in Dubuque, where two of them met with another man and distributed some of the purported heroin to him. The two men who did not enter the apartment simultaneously used and overdosed on the purported heroin while sitting in the car. Emergency responders arrived at the scene and saved their lives using Narcan, an opiate reversal agent. The man inside the apartment used the purported heroin after emergency responders left the area. He was found deceased of a drug overdose approximately 18 hours later.
Drugs seized from the car and from the apartment tested positive for heroin and a substance called furanylfentanyl. Furanylfentanyl is a powerful synthetic opioid, and is an analogue of fentanyl. Under federal law, drugs that are similar to substances listed in the controlled substance schedules are considered “controlled substance analogues,” and it is illegal to distribute them just as it is to distribute substances such as cocaine, heroin, and marijuana.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Lewis remains in custody of the United States Marshal pending sentencing. Lewis faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $200 in special assessments, and up to a lifetime term supervised release following any imprisonment.
The case is being 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 is being prosecuted by Assistant United States Attorney Dan Chatham and Special Assistant United States Attorney Drew Inman.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-5-LTS.
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Cedar Rapids Felon Sentenced to over 24 Years in Federal Prison for Methamphetamine and Firearm ChargesRead the Press Release
A man who led police on a high speed chase before attempting to dispose of a firearm in a cornfield was sentenced on April 11, 2017, to more than 24 years in federal prison.
Clayton Don Gregory, age 36, from Cedar Rapids, received the prison term after a November 14, 2016, guilty plea to distributing 50 grams or more of methamphetamine and being a felon in possession of a firearm and ammunition.
In a plea agreement, Gregory admitted he sold methamphetamine to a confidential informant on multiple occasions in July 2016. During a search at Gregory’s residence in August 2016, officers seized methamphetamine, marijuana, several rounds of ammunition, and a partially dismantled revolver. One week after the search, officers attempted to stop a vehicle in which Gregory was a passenger. During the pursuit, the original driver exited the car and Gregory took over driving, reaching speeds of 80 to 85 miles per hour in 25 and 30-mile‑per‑hour zones. Gregory drove to a cornfield, got out of the car, and hid in the cornfield. He was eventually apprehended by a K-9 unit. Officers discovered a 9 mm Ruger pistol partially buried in the cornfield, and a separate magazine containing 9 mm ammunition.
Gregory was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Gregory was sentenced to 293 months’ imprisonment on the drug count, and 120 months' imprisonment, concurrent, on the gun charge. A special assessment of $200 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Gregory 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, Iowa Division of Narcotics Enforcement, and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and 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 16-CR-00072-1-LRR.
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Sioux City Man Sentenced to Federal Prison for Drug ConvictionRead the Press Release
A man who conspired to distribute methamphetamine in Sioux City was sentenced April 13, 2017, to more than 10 years in federal prison.
Ivan Avila, age 21, from Sioux City, Iowa, received the prison term after a January 13, 2017, guilty plea to one count of conspiracy to distribute methamphetamine and two counts of distributing methamphetamine.
At the plea hearing, Avila admitted he and others conspired to distribute methamphetamine in the Sioux City area from 2015 to January of 2016. In January of 2016, law enforcement, through a confidential source, made two controlled buys of methamphetamine from Avila.
Avila was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Avila was sentenced to 121 months’ imprisonment. A special assessment of $300 was imposed. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
Avila 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 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 CR16-4064.
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