Northern District of Iowa

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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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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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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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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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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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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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.

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Awards were given to four groups of law enforcement officers:

 

• 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.

   

• 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.

   

• 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.

   

• 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.

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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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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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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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.

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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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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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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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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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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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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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.

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.

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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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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.

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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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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.

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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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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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.

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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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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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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.

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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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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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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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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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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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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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A former office manager of a small dental practice in Mason City, Iowa, who stole nearly $500,000 from her employer over the course of almost a decade, was sentenced yesterday in federal court in Cedar Rapids.

 

Pamela Harris, age 58, from Mason City, Iowa, was convicted of Wire Fraud. In a plea agreement, Harris admitted she was a trusted employee of the dental practice for approximately 21 years, from about 1993 until 2014. During this time, she had sole responsibility for the practice’s day-to-day finances. She was fired in 2014 after her fraud was discovered.

 

The two dentists that formed the practice authorized the creation of rubber stamps bearing their signatures to pay for legitimate expenses. However, the dentists always required Harris to obtain authorization before using the rubber stamps on a check to pay a bill. At no time did the dentists authorize Harris to create checks and use their rubber signature stamps to pay for her personal expenses without their knowledge.

 

From at least July 2005, and continuing through about May 2014, Harris defrauded the dentists and their practice. Harris used the rubber signature stamps of the dentists without their authorization to create forged checks drawn on the practice’s bank account. Harris forged checks made payable either to herself or to others, including credit card companies to pay for Harris’ personal expenses. Harris also maintained and used various credit card accounts she had opened in the name of the dental practice to pay for personal expenses without the authorization of the dentists.

 

For example, Harris admitted that, in May 2012, she forged a check bearing the signatures of the dentists to pay for a $4,000 white plastic fence at her home. In total, Harris admitted to stealing at least $491,254.86 from the dentists and their practice.

 

Harris was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. At the sentencing hearing, Judge Reade found Harris’s crime was “a very serious offense” and stressed a number of aggravating factors, including that Harris’s scheme was sophisticated and caused the dentists such a substantial financial hardship that they needed to take out lines of credit. Judge Reade found defendant had “spit in the eye” of her employers. During the hearing, Judge Reade also noted that Harris, through a civil attorney, had offered to repay approximately $100,000 of the stolen money, but only if the dentists would give Harris a good letter of recommendation for another job. The evidence at the hearing showed that the civil attorney wrote a letter stating, “this probably sounds outrageous to ask for a letter but if your client’s [sic] want more money, I think this is the only way.” The dentists declined the offer.

 

Harris was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed, and she was ordered to make $491,254.86 in restitution to the dentists. With respect to restitution, Harris will be given credit for approximately $150,000 that she deposited with the Clerk of Court before the conclusion of her sentencing hearing. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.

 

Harris was released on the bond previously set and is to surrender to the United States Marshal on May 8, 2017, at 10 a.m., in Cedar Rapids, pending her designation to a Bureau of Prisons facility.

 

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation and the Mason City Police Department.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-CR-3029-LRR.

 

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The criminal fraud and related convictions of William B. Aossey, Jr.; Jalel Aossey; and Midamar Corporation, all of Cedar Rapids, Iowa, were upheld today by the United States Court of Appeals for the Eighth Circuit.

 

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 today, 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.”

 

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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A man who sold crack cocaine to an undercover police officer and later recorded himself using threatening language towards another police officer was sentenced on April 12, 2017 to five years in federal prison.

 

Tony Doolin, age 27, from Cedar Rapids, received the prison term after a December 29, 2016 guilty plea to distributing 28 grams or more of crack cocaine.

 

At the guilty plea, Doolin admitted he sold crack cocaine in May 2016 to an undercover police officer. Doolin sold crack cocaine to the undercover officer on other dates as well. At sentencing, Doolin admitted that he sold a total of over 72 grams of crack cocaine.

 

Just two days after his first sale to the undercover officer, Doolin was pulled over for a traffic infraction by a Marion police officer. Doolin used his cell phone to record and transmit a “Facebook Live” video of the traffic stop. As the officer was walking back to the squad car, after giving Doolin a warning, Doolin pulled out a handgun. While holding the handgun up in front of his cell phone camera, Doolin directed a stream of profanity towards the police officer. At sentencing, the court described the words used by Doolin as “threatening” and “disrespectful.”

 

Doolin was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.

 

Doolin 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 Iowa Division of Narcotics Enforcement 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.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-CR-00089.

 

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Daniel Henriksen, 29, from Elgin, Iowa, has been charged with one count of possessing a firearm while an unlawful user of marijuana.­ The charge is contained in a complaint unsealed today in United States District Court in Cedar Rapids.

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The complaint alleges that, on or about 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. Several of these items were analyzed at the Iowa Division of Criminal Investigation Criminalistics Laboratory and tested positive for marijuana.

 

If convicted, Henriksen faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.­

 

Henriksen appeared today in federal court in Cedar Rapids and was released on bond. Henriksen’s next appearance for an arraignment will be set at a future time.

 

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

 

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Iowa Division of Criminal Investigation and the Fayette County Sheriff’s Office.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 17-MJ-120.

 

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A man who conspired to distribute methamphetamine pled guilty on April 7, 2017, in federal court in Sioux City.

 

Andrew Smith, 32, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine.

 

At the plea hearing, Smith admitted his involvement in a conspiracy that distributed at least 5 kilograms of methamphetamine mixture from 2012 through November 2016. On two occasions in 2015, Smith was found in possession of over 27 grams of actual (pure) methamphetamine. Smith admitted he planned to distribute some or all of the methamphetamine to another person or persons.

 

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Smith remains in custody of the United States Marshal pending sentencing. Smith faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a $100 special assessment, and at least five years of supervised release following any imprisonment.

 

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and Special Assistant United States Attorney Ajay Alexander and was investigated by the Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, Iowa Division of Criminal Investigation, and the Fort Dodge Police Department.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-3048.

 

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Eight defendants have pled guilty to drug trafficking charges in federal court in Cedar Rapids.

 

Kyle Chyma, age 28, Edgar Hernandez, age 30, Kelbie Struve, age 24, Kailyn Struve, age 25, and Marlene Hernandez, age 24, all of Toledo, Iowa, Scott Steuhm, age 24, and Tyler Walz, age 22, both of Tama, Iowa, and Alejandra Castillo-Hernandez, age 45, of Marshalltown, Iowa, pled guilty to taking part in a drug trafficking conspiracy.

 

In September 2016, all eight defendants were charged in an indictment with conspiracy to distribute controlled substances. At plea hearings this month, Chyma, Edgar Hernandez, Steuhm, Kelbie Struve, Kailyn Struve, Marlene Hernandez, and Alejandra Castillo-Hernandez admitted to trafficking in methamphetamine. Chyma, Kailyn Struve, and Walz admitted to trafficking in cocaine. Chyma also admitted to engaging in a money laundering conspiracy.

 

The indictment also contained a forfeiture allegation. As part of their guilty pleas, the eight defendants agreed to forfeit up to $360,027.19 in drug proceeds.

 

Chyma, Edgar Hernandez, and Steuhm face a mandatory minimum sentence of 10 years’ imprisonment and a maximum term of life imprisonment. Kelbie Struve, Kailyn Struve, Marlene Hernandez, and Alejandra Castillo-Hernandez face a mandatory minimum sentence of 5 years’ imprisonment and a maximum term of 40 years’ imprisonment. Walz faces a maximum term of 20 years’ imprisonment.

 

Sentencing hearings before Chief United States District Court Judge Leonard T. Strand will be set after presentence reports are prepared. All eight defendants are being held in the custody of the United States Marshal pending sentencing.

 

The case is being prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by the Drug Enforcement Administration, with support from the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Cedar Rapids Police Department, Marion Police Department, Linn County Sheriff’s Office, Iowa City Police Department, Johnson County Drug Task Force, and the Iowa Division of Narcotics Enforcement.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-CR-76.

 

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A man who distributed methamphetamine and illegally possessed a firearm was sentenced March 27, 2017, to 7 years in federal prison.

 

Jermiah Preston, age 34, from Fort Dodge, Iowa, received the prison term after a November 7, 2016, guilty plea to one count of felon in possession of a firearm, in Case No. CR15-3048-LTS and one count of distribution of a controlled substance, in Case No. CR16-3028-LTS.

 

At the guilty plea, Preston admitted that in September of 2015, he knowingly and intentionally aided and abetted in the distribution of methamphetamine in the Fort Dodge area. On November 18, 2015, while attempting to serve an arrest warrant on Preston at a hotel in Fort Dodge, law enforcement observed Preston throw a handgun out the window of the room he was occupying. Shortly thereafter, Preston attempted to climb out of the window and was confronted by law enforcement. Preston was a convicted felon, and was in the possession of the handgun illegally.

 

Preston was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Preston was sentenced to 84 months’ imprisonment. A special assessment of $200 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.

 

Preston 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 Wehde and Special Assistant United States Attorney Ajay Alexander and investigated by the Fort Dodge Police Department, the Iowa Division of Narcotics Enforcement (DNE), and the Bureau of Alcohol, Tobacco and Firearms (ATF).

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file numbers are 15-CR-03048 and 16-CR-03028. Follow us on Twitter @USAO_NDIA.

A woman who conspired to distribute methamphetamine was sentenced March 20, 2017, to more than 6 years in federal prison.

 

Deanna Ramirez-Trujillo, 31, from Webster City, Iowa, received the prison term after a November 2, 2016, guilty plea to conspiracy to distribute methamphetamine.

 

At the guilty plea, Ramirez-Trujillo admitted that beginning on or about June 2014 and continuing to on or about December 2014, she was involved in a conspiracy that distributed more than 4000 grams of a mixture or substance containing a detectable amount of methamphetamine, which contained 1500 grams or more of actual (pure) methamphetamine. On four occasions in September and October 2014, Ramirez-Trujillo distributed methamphetamine to individuals cooperating with law enforcement. Ramirez-Trujillo also admitted to aiding and abetting co-conspirator, Jose Alvarez distribute methamphetamine.

 

Ramirez-Trujillo was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ramirez-Trujillo was sentenced to 78 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Ramirez-Trujillo is being held in the United States Marshal’s custody until she can be transported to a federal prison.

 

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Wright County Sheriff’s Office, Central Iowa Drug Task Force, Mid-Iowa Drug Task Force, and Iowa Division of Criminal Investigations.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 14-3068. Follow us on Twitter @USAO_NDIA.

A man responsible for distributing pounds of ice methamphetamine and sending the proceeds back to Mexico was convicted by a jury on March 23, 2017, after a two-day trial in federal court in Cedar Rapids.

 

Aldo Omar Lopez Martinez, 22, from Marshalltown, Iowa, was convicted of conspiring to distribute at least 500 grams of methamphetamine and conspiring to commit money laundering. The verdict was returned yesterday afternoon following about two hours of jury deliberations.

 

The evidence at trial showed that Lopez Martinez arrived in Marshalltown from Mexico in 2015, and began distributing ice methamphetamine to a network of individuals in Marshalltown, Des Moines, and Waterloo, Iowa. Lopez Martinez received multiple pound quantities of ice methamphetamine from a source of supply in Mexico, remanufactured the ice methamphetamine in Marshalltown, and then distributed the drugs throughout Iowa. Lopez Martinez typically distributed ice methamphetamine in ½ pound to multiple pound quantities. His customers paid him in cash, which he then wired back to Mexico in order to obtain more drugs. On May 5, 2016, police searched Lopez Martinez’s residence and seized approximately $93,000 and over three pounds of 98% pure methamphetamine. Based on the amount of money and its packaging, investigators testified that members of the conspiracy intended to transport the money out of state by hiding it in a car, also known as bulk cash smuggling. In connection with this investigation, police executed 28 related search warrants on May 5, 2016, and seized a total of $250,000 and over six pounds of methamphetamine. To date, 20 individuals have been convicted of criminal charges stemming from this drug conspiracy.

 

Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Lopez Martinez was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Lopez Martinez faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life in prison, a $10,000,000 fine, $200 in special assessments, and a lifetime of supervised release following any imprisonment.

 

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office).

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-cr-2028.

 

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A woman who participated in a scheme to submit a fraudulent insurance claim when her boyfriend intentionally set fire to his vacant house was convicted by a jury today after a three-day trial in federal court in Cedar Rapids.

 

Beth Galloway, age 42, from Camanche, Iowa, and formerly of Olin, was convicted of one count of mail fraud, one count of using fire to commit mail fraud, and one count of conspiracy to commit money laundering. The jury returned the verdicts this afternoon following about two hours of jury deliberations.

 

The evidence at trial showed that, between Spring 2013 and Spring 2014, Galloway and her boyfriend, James Plower, made up and participated in a scheme to defraud Plower’s insurance company. The evidence showed that Galloway, as part of the scheme, twice drove a minor to Plower’s vacant home in Martelle, Iowa, to attempt to set fire to the home, but that both attempts failed. Further evidence showed that Plower then deliberately set fire to his vacant home and then submitted an insurance claim in which he falsely claimed the fire was accidental. As a result of the fraudulent insurance claim, the insurance company mailed Plower a check for $66,497.46. Evidence also showed that Galloway and Plower agreed to launder the proceeds from the fraudulent insurance claim in February and March of 2014 when, after learning that law enforcement was investigating the cause of the fire, the two agreed to take $10,000 of the proceeds from Plower’s bank account. They then gave the $10,000 to a friend to hold for them to prevent law enforcement from seizing the money.

 

Plower had previously pled guilty to charges of mail fraud and use of fire to commit mail fraud. He also had previously been sentenced to 13 years’ in federal prison.

 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Galloway remains free on conditions of release pending sentencing. Galloway faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of 50 years’ imprisonment, a $750,000 fine, $300 in special assessments, and nine years of supervised release following any imprisonment.

 

The case is being prosecuted by Assistant United States Attorneys Ravi Narayan and Tony Morfitt and was investigated by the Iowa Division of Criminal Investigation, the United States Postal Inspection Service, the Iowa State Fire Marshal Division, and the Jones County Sheriff’s Department.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-CR-68.

 

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On Friday, March 10, 2017, Kevin W. Techau announced his resignation as United States Attorney effective midnight on that date.

 

Techau stated, “Iowa has excellent federal, state and local law enforcement officers across the state. It has been a fulfilling and rewarding experience to have served in this office for the past three years with those professionals. I am very grateful that I had the opportunity to lead the men and women who work so hard in the United States Attorney’s Office for the Northern District of Iowa. They are a top-notch group of public servants and I am very honored to have been their colleague."

 

Techau was appointed United States Attorney for the Northern District of Iowa by President Barack Obama on November 7, 2013, and unanimously confirmed by the United States Senate on February 12, 2014.

 

First Assistant United States Attorney Sean R. Berry will serve as Acting United States Attorney pending an interim or permanent appointment by the Attorney General or the President.

 

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A man who received child pornography pled guilty on March 8, 2017 in federal court in Cedar Rapids.

Donald Etheredge, age 51, from Cedar Rapids, Iowa, was convicted of 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.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Etheredge remains in custody of the United States Marshal pending sentencing. Etheredge faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Cedar Rapids Police Department.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-2.

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Jeffery Landheer, age 46, of Mason City, Iowa, has been charged with one count of receipt of child pornography and six counts of possession of child pornography. The charges are contained in an Indictment unsealed on March 2, 2017, in United States District Court in Cedar Rapids.

 

The Indictment alleges that, between 2002 and 2016, Landheer received child pornography. The Indictment also alleges that he possessed child pornography on six different devices.

 

If convicted, Landheer faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 140 years’ imprisonment, a $1,750,000 fine, $25,700 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.

 

Landheer appeared for a detention hearing today in federal court in Cedar Rapids, and the court ordered his release on bond. Landheer’s next appearance for trial is set for May 1, 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 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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Fadi Yassine, age 42, a Lebanese citizen, has been charged in a one-count Indictment filed in the Northern District of Iowa with conspiring to violate the Arms Export Control Act and to ship, transport, and deal firearms without a license.

 

Yassine was arrested on February 5 in New York City as he entered the United States from Lebanon. Yassine was arrested on a warrant issued in the Northern District of Iowa on a criminal complaint charging him with conspiring to violate the Arms Export Control Act. He made an initial appearance in federal court in Cedar Rapids earlier this week. Yassine has been ordered detained without bond pending trial.

 

According to allegations contained in the Indictment, Yassine conspired with others, including Ali Herz, to ship guns to Lebanon for resale there. The Indictment alleges that firearms were shipped to Lebanon from Cedar Rapids on about four occasions during 2014 and 2015.

 

Yassine will be arraigned on the Indictment in federal court in Cedar Rapids, on March 7, 2017 at 2:30 p.m.

 

As with any criminal case, a charge is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

 

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations, the Bureau of Alcohol Tobacco and Firearms, and the Federal Bureau of Investigation.

 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-CR-00011.

 

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A man who actively participated in the Rwandan genocide and then committed naturalization fraud was sentenced today to 15 years’ imprisonment.

 

In January 2016, Gervais (“Ken”) Ngombwa was convicted of one count of unlawfully procuring, or attempting to procure, naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security. Following the trial, one of Ngombwa’s counts of conviction was vacated by the court.

 

The evidence at trial showed Ngombwa knowingly made several material false statements to procure entry into the United States as a refugee from Rwanda in 1998. Notably, Ngombwa falsely claimed to be the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda, who lives in exile in Belgium.

 

During sentencing proceedings, the government presented the testimony of multiple witnesses, including agents from the Department of Homeland Security. Much of the testimony pertained to Ngombwa’s conduct in Rwanda in the 1990s. The government presented testimony about the 1994 Rwandan genocide, in which hundreds of thousands of people from the Tutsi ethnic group were killed. The evidence showed that Ngombwa was charged and convicted in two Gacaca courts in that country for his involvement in the Rwandan genocide. He was also named in an Indictment brought in 2010 against Jean Uwinkindi by the United Nations Joint Criminal Tribunal for Rwanda, as a co-participant in a “joint criminal enterprise whose common purpose was the commission of genocide against the Tutsi racial or ethnic group and persons identified as Tutsi or presumed to support the Tutsi[.]” Uwinkindi was convicted of the charge in the Indictment and sentenced to life imprisonment in December 2015.

 

The evidence presented at sentencing also showed that Ngombwa is currently under Indictment in the Republic of Rwanda. That Indictment was brought by the

country’s Prosecutor General in 2014. An international arrest warrant is outstanding on this Indictment. The Rwandan Indictment charges Ngombwa in Count 1 with “Genocide” and alleges, in part, that Ngombwa “is individually liable for having, between 7th April 1994 and July 1994 ordered and committed crimes perpetrated with the intent to destroy in whole the Tutsi ethnic group.” The Indictment alleges Ngombwa drove members of the Interahamwe to the Catholic church “in order to attack and kill Tutsi who had sought refuge there.” Further, it alleges that Ngombwa transported members of the Interahamwe to the Kanzene communal office to kill Tutsi seeking refuge there. It is also charged Ngombwa and the Interahamwe militia, armed with guns and traditional weapons, “such as machetes, spears clubs and other traditional tools, attacked the Tutsi who had sought refuge in the premises of priests” at the Catholic Church, and attacked and killed them. There are additional allegations in Count 1. Moreover, Count 2 charges Ngombwa with “extermination as a crime against humanity.” Count 3 charges Ngombwa with “murder as a crime against humanity.”

 

Department of Homeland Security agents also testified that as part of their investigation, they personally interviewed multiple witnesses in Rwanda who allegedly saw Ngombwa commit acts of violence during the Rwandan genocide. For instance, many witnesses stated that Ngombwa drove members of the Interahamwe and the military – killers – to locations where they conducted mass killings of Tutsi. According to the witnesses, Ngombwa made derogatory statements concerning the Tutsi; he encouraged others to kill Tutsi; and he personally participated in the killings. According to the witnesses, Ngombwa also participated in the theft or looting of property belonging to Tutsi.

 

In addition, law enforcement agents testified about Ngombwa’s alleged involvement in a July 2013 fire at his Cedar Rapids home. Ngombwa is currently charged with arson and insurance fraud in the Iowa District Court for Linn County.

 

After hearing this evidence, United States District Court Judge Linda R. Reade found that Ngombwa “actively participated in the genocide,” made multiple false statements while being resettled as a refugee, committed perjury and obstructed justice, and intentionally set fire to his home in 2013.

 

Following the sentencing decision, Kevin W. Techau, United States Attorney for the Northern District of Iowa, said, "This prosecution shows human rights violators will not find safe haven in the United States. We will continue to work with our law enforcement partners worldwide to identify, prosecute, and repatriate those who, by fraud, have evaded the administration of justice in their homeland."

 

“Human rights violators who flee from the atrocities committed in their home countries will not find refuge here,” said Special Agent in Charge Alex Khu, of Homeland Security Investigations (HSI), St. Paul, Minnesota. “HSI is especially proud of the international cooperation between governments and law enforcement agencies this case exemplifies and we will continue to track down those who assisted in persecution and remove those perpetrators from the United States.”

 

Ngombwa was sentenced to 180 months’ imprisonment and 3 years’ supervised release. There is no parole in the federal system. After announcing her sentencing decision, Judge Reade immediately remanded Ngombwa to the custody of the United States Marshals Service. Ngombwa will now await placement at a Bureau of Prisons facility to serve his sentence. At a later date, defendant will be processed for removal from the United States to Rwanda after the completion of his prison term. Judge Reade has already revoked Ngombwa’s United States citizenship.

 

The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda. The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.

 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00123.

 

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The Eastern Iowa Heroin Initiative and CRUSH of Iowa (Community Resources United to Stop Heroin) will host a support group meeting for anyone who is currently recovering from opioid addiction and family members who have lost loved ones to opioid or heroin addiction and overdose.

 

The meeting will be held at the Mission of Hope, 1700 B Avenue NE in Cedar Rapids, Iowa, on Wednesday, March 1, from 6:00 to 7:30 p.m. This meeting is also open to the public and anyone interested in learning more about the current heroin epidemic in Iowa is welcome to attend.

 

To learn more about the Eastern Iowa Heroin Initiative, visit: www.facebook.com/EasternIowaHeroinInitiative

 

Event Details

 

When: Wednesday, March 1, 2017

 

Where: Mission of Hope, 1700 B Avenue NE in Cedar Rapids, Iowa

 

Time: Begins at 6:00 p.m., and ends at 7:30 p.m.

On March 2, 2017, at 9:00 a.m., Gervais (Ken) Ngombwa will be sentenced in federal district court in Cedar Rapids, Iowa, following his convictions for naturalization fraud and lying to federal agents and the district court’s finding that he participated in the Rwandan genocide.

 

Following the sentencing hearing, at approximately 10:00 a.m., the United States Attorney’s Office and the Department of Homeland Security will hold a press conference at the United States Attorney’s Office in Cedar Rapids, Iowa.

 

Press releases and interview opportunities will be available.

 

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Jeremy Michael Kieffer, 36, from Dubuque, Iowa, has been charged with one count of possessing a firearm while a marijuana user. ­ The charge is contained in an Indictment filed last month in United States District Court in Cedar Rapids.

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The Indictment alleges that on November 7, 2016, Kieffer possessed a Glock Model 22 .40 caliber pistol. The Indictment further alleges that Kieffer was a marijuana user when he possessed the pistol. If convicted, Kieffer faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment. ­

 

Kieffer was initially released pending his trial but was arrested last week after a drug test showed he was positive for methamphetamine. Following his arrest, a probation officer asked Kieffer for a urine sample, which he was required to provide pursuant to an order of a United States Magistrate Judge. Kieffer refused to provide a urine sample. Following yesterday’s detention hearing, the Court detained Kieffer pending his trial in April 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 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-1003. Follow us on Twitter @USAO_NDIA.

A North Central Iowa man pled guilty yesterday to failing to make proper report and notification during the renovation of the former Kossuth County Home, which contained asbestos. Gary Christianson, 57, from Algona, Iowa, was convicted of one count of failing to notify and report that he was renovating a building containing asbestos to the Environmental Protection Agency or Iowa Department of Natural Resources.

 

At the plea hearing, Christianson admitted he was the operator of a renovation of the former Kossuth County Home in Algona, Iowa. The building contained asbestos both on pipes and in floor tiles. Christianson admitted that, from about November 2014 through about January 2015, he failed to notify the EPA and IDNR of his intention to renovate the building as he was required to do.

 

Sentencing before United States District Court Chief Judge Leonard Strand will be set after a presentence report is prepared. Christianson remains free on bond previously set pending sentencing. Christianson faces a possible maximum sentence of two years’ imprisonment, a $250,000 fine, $100 in special assessments, and a year of supervised release following any imprisonment.

 

The case is being prosecuted by Assistant United States Attorneys Tim Vavricek and Matt Cole and was investigated by the Environmental Protection Agency-Criminal Investigation Division.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 16-CR-3055-LTS.

 

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