Northern District of Iowa
Press releases recorded for this federal judicial district.
Mason City Dental Office Manager Sentenced to 41 Months in Federal Prison After Stealing Nearly $500,000 from Her EmployerRead the Press Release
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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Federal Appeals Court Upholds Convictions of William B. Aossey, Jr., Midamar Corporation, and Jalel AosseyRead the Press Release
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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Crack Cocaine Dealer Who Made Threats Towards Police Sentenced to Five YearsRead the Press Release
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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Elgin Man Charged with Possession of a Firearm While an Unlawful User of MarijuanaRead the Press Release
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.
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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Webster County Man Pleads Guilty to Meth ConspiracyRead the Press Release
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 Plead Guilty to Drug Trafficking Charges, Agree to over $360,000 in ForfeituresRead the Press Release
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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Fort Dodge Man Receives Prison Term for Distributing Methamphetamine and Possessing a FirearmRead the Press Release
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.
Webster City Woman to Federal Prison for Meth ConspiracyRead the Press Release
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.
Man found Guilty of Methamphetamine and Money Laundering ConspiraciesRead the Press Release
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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Woman Found Guilty of Mail Fraud, Using Fire to Commit Mail Fraud, and Money Laundering in Connection with 2013 House Fire in MartelleRead the Press Release
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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Kevin W. Techau Resigns as United States AttorneyRead the Press Release
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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Cedar Rapids Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
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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Mason City Man Charged with Receipt and Possession of Child PornographyRead the Press Release
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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Lebanese Man Indicted in Connection with Scheme to Smuggle Guns to LebanonRead the Press Release
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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Rwandan Refugee Convicted of Naturalization Fraud Sentenced to 15 Years in Federal PrisonRead the Press Release
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.
Follow the office on Twitter @USAO_NDIA.
Support Group Meeting for Those Impacted by Heroin and Opioid Addiction to be Held on March 1Read the Press Release
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.
Media AdvisoryRead the Press Release
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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Dubuque Man Detained on Federal Firearms Charge after Using Drugs and Refusing to Take a Drug TestRead the Press Release
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.
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.
Man Pleads Guilty to Crime Involving the Renovation of the Former Kossuth County Home and AsbestosRead the Press Release
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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Woman Sentenced for Escape from Federal Halfway House in Sioux CityRead the Press Release
A woman who escaped from federal custody was sentenced on February 6, 2017, to 4 months in federal prison.
Jade Kiya Harden, age 24, from Sioux City, received the prison term after a November 1, 2016, guilty plea to one count of escape from federal custody.
At the plea hearing, admitted that she had been in the custody of Dismas Charities Residential Reentry Center (RRC), and on home confinement with electronic monitoring since May 27, 2016. On August 12, 2016, she cut off her electronic monitoring bracelet and left her residence. Subsequent to her August 12, 2016 escape, Harden was arrested by United States Marshals in Winnebago.
Harden was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand. Harden was sentenced to 4 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
Harden 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 Kevin C. Fletcher and investigated by United States Marshals Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-4077.
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Former Tama Police Chief Pleads Guilty to Stealing Gun and Lying to Federal AgentRead the Press Release
The former police chief of the Tama Police Department, who stole and pawned a Tama police service weapon and then lied to a FBI Special Agent who was investigating that theft and other missing property, pled guilty today in federal court in Cedar Rapids.
Jeffrey Filloon, age 47, from Toledo, Iowa, was convicted of one count of possessing, selling, and disposing of a stolen firearm and one count of making false statements to a FBI Special Agent.
In a plea agreement, Filloon admitted that, while serving as the chief of the Tama Police Department, he took and sold property, including three guns and four vehicles that were in police impound, from the Tama Police Department for his own personal benefit. Filloon further admitted that he lied to a FBI Special Agent who was conducting an investigation into the missing property by claiming he had bought one of the impounded vehicles when, in fact, Filloon had not bought it from the individual he claimed sold it to him.
Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Filloon remains free on conditions of release previously set pending sentencing. Filloon faces a possible maximum sentence of 15 years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Iowa Division of Criminal Investigation and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-CR-95.
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Clarion Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
A man who received child pornography pled guilty today in federal court in Cedar Rapids.
Jonathan Sebert, age 24, from Clarion, Iowa, was convicted of one count of receipt of child pornography. At the plea hearing, Sebert admitted that, between 2012 and 2015, he knowingly received child pornography.
Sentencing before Chief United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Sebert remains in custody of the United States Marshal pending sentencing. Sebert faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 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 Wright County Sheriff’s Office and 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 16-3054.
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Five Individuals Charged with Fraud Targeting Elderly Victims Throughout the United StatesRead the Press Release
Carlos Rodriguez, Michael Marcov, Stephanie Marcov, and Cody Richey, all from Dubuque or surrounding areas, have been charged with wire fraud. The charges are contained in an Indictment filed today in United States District Court in Cedar Rapids. Another individual, Shawn Vaassen, has been charged in a separate Information with wire fraud relating to the same scheme.
The Indictment and Information allege that, from December 2015 through September 2016, the defendants participated in a scheme to defraud people throughout the United States and that the fraud was primarily targeted towards the elderly. The charges allege that participants in the fraud would call a person on the phone and tell that person that a relative was in jail. The caller would then ask the victim to wire money via Western Union or Money Gram as bail money to get the relative released. The charges allege that the money was being wired to various participants in the fraud who would pick up the wire transfers and eventually the money would be sent overseas.
Rodriguez, Michael Marcov, and Vaassen are being held without bond. Stephanie Marcov remains released subject to conditions of release. Vaassen is scheduled to next appear in court on February 27, 2017, at 9:30 A.M. for a change of plea hearing. Rodriguez, Michael Marcov, and Stephanie Marcov will next appear in court for arraignment on February 9, 2017, at 2:00 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 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/.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was 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 17-CR-1001 and 17-CR-1004.
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Federal Judge Finds Rwandan Refugee Actively Participated in the Rwandan GenocideRead the Press Release
Chief United States District Court Judge Linda R. Reade has issued a written sentencing memorandum finding that Gervais (“Ken”) Ngombwa, 56, from Cedar Rapids, Iowa, and formerly of Rwanda, “actively participated in the Rwandan genocide.”
Following a jury trial in January 2016, 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. The evidence at trial showed Ngombwa knowingly made several material false statements to gain 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. Following the trial, the district court vacated one of Ngombwa’s counts of conviction.
On September 22 and 23, 2016, the court held a two-day sentencing hearing at which it received evidence. At that hearing, the government presented the testimony of multiple witnesses, including agents from the Department of Homeland Security. Much of the testimony pertained to defendant’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 defendant was charged and convicted in two Gacaca courts in Rwanda for his involvement in the Rwandan genocide.
The court then took the contested sentencing issues under advisement. In a 48-page order filed on February 7, 2017, the court found that Ngombwa “actively participated in the genocide.” The court also made other factual findings, including that:
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Ngombwa made several false statements in the course of the refugee resettlement process, including:
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Falsely claiming to be the brother of a moderate Hutu leader;
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Falsely claiming to be related to other adult refugees;
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Failing to disclose the names of numerous relatives living in Rwanda;
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Falsely claiming certain children were his own biological children with his wife Antoinette Mukakabanda;
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Falsely claiming he had not been married to anyone other than Mukakabanda;
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Falsely denying he had relatives in the military; and
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Falsely claiming he, his wife, and his mother-in-law had been beaten by government forces in 1990 before the genocide began.
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Ngombwa was a leader of MDR-Power, a staunchly anti-Tutsi political party;
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Ngombwa’s brother, a member of the military, guarded Ngombwa’s home after the genocide began;
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Witnesses in Rwanda credibly stated Ngombwa personally killed numerous Tutsi, transported and directed the youth militia to kill Tutsi, looted Tutsi property, and led brutal attacks on groups of Tutsi seeking refuge in locations such as a local church and a priest’s compound;
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Ngombwa provided false statements to Department of Homeland Security agents during an April 2014 interview;
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Ngombwa committed perjury at trial and obstructed justice;
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Ngombwa’s prior genocide convictions in the local “gacaca” courts in Rwanda could be relied upon for sentencing; and
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Ngombwa, intentionally set fire to his home in Cedar Rapids and submitted a false insurance claim in 2013.
As a result of its findings, the court determined the appropriate advisory sentencing range under the United States Sentencing Guidelines is 100-125 months’ imprisonment. The court will announce Ngombwa’s sentence at 9:00 a.m. on March 2, 2017, at the United States Courthouse in Cedar Rapids, Iowa. When the court reconvenes on that date, the parties will be free to argue that the court should impose a sentence greater or lesser than that contemplated by the advisory Guidelines range. Chief 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 the Department of 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.
Follow the office on Twitter @USAO_NDIA.
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Two Synthetic Drug Wholesalers Sentenced to over 40 Years in Federal PrisonRead the Press Release
Two men who acted as wholesalers for synthetic drugs across the Midwest, including Iowa, were sentenced today to a total of more than 40 years in federal prison.
Muhammad Anwar, age 50, from West Des Moines, Iowa, received the prison term after an October 2015 jury verdict finding him guilty of conspiring to distribute controlled substances and conspiring to commit money laundering. Ahmad Saeed, age 50, of Tulsa, Oklahoma, received the prison term after a September 2015 guilty plea to the same charges.
Evidence at trial and at the sentencing hearing today showed that in about 2009, Saeed began purchasing synthetic drugs in order to provide them to convenience stores in Oklahoma, Iowa, and Missouri. Witnesses testified that over an approximately three-year period from 2011 to early 2014, Saeed and Anwar purchased over 7 million grams of “spice” products for redistribution to these stores. Sales of those substances generated millions of dollars in proceeds for Saeed, Anwar, and their suppliers. Evidence at Anwar’s trial showed that the packaging for the synthetic drug products he sold to the convenience stores bore some form of statement that the product was “not for human consumption.” Despite the statements on the packaging, both men admitted they knew the synthetic drug products were being consumed by users.
Anwar and Saeed were sentenced in Cedar Rapids by United States District Court Judge John A. Jarvey. Anwar was sentenced to a total of 300 months’ imprisonment. Saeed was sentenced to a total of 210 months’ imprisonment. A special assessment of $200 was imposed on each man, and both were ordered to forfeit $750,000 in drug proceeds to the United States. Each man must also serve a 3-year term of supervised release after his prison term. There is no parole in the federal system.
The searches that led to these prosecutions were conducted as a part of Project Synergy, a global takedown of synthetic drug manufacturers and distributors. In Project Synergy enforcement actions between December 2012 and June 2014, more than 227 arrests were made and 416 search warrants served in 35 states, 49 cities and five countries, along with more than $51 million in cash and assets seized. Altogether, 9,445 kilograms of individually packaged, ready-to-sell synthetic drugs, 299 kilograms of cathinone drugs (the falsely labeled “bath salts”), 1,252 kilograms of cannabinoid drugs (used to make the so-called “fake pot” or herbal incense products), and 783 kilograms of treated plant material were seized. Project Synergy was coordinated by DEA’s Special Operations Division, working with the DEA Office of Diversion Control, and included cases led by DEA, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the FBI, and the IRS. In addition, law enforcement in Australia, Barbados, Panama, and Canada participated, as well as a multitude of state and local law enforcement members.
Anwar and Saeed are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case 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 Internal Revenue Service – Criminal Investigation, 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 Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; the Tri-County Drug Enforcement Task Force; the Federal Bureau of Investigation; the Department of Homeland Security; and the Iowa Division of Criminal Investigation, Intelligence Division, and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR15-2005-JAJ.
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Cedar Rapids Heroin Dealer Sentenced for Causing OverdoseRead the Press Release
A Cedar Rapids man who distributed heroin and fentanyl that resulted in a young woman being hospitalized for a serious injury was sentenced on February 6, 2017, to more than 12 years in federal prison.
Shawn Albert, age 25, from Cedar Rapids, Iowa, received the prison term after an October 5, 2016, guilty plea to one count of distribution of heroin and fentanyl.
During the sentencing hearing the court detailed Albert’s criminal conduct, in which Albert distributed a mixture of heroin and fentanyl to his then girlfriend, M.E., on September 27, 2015. M.E. overdosed on the mixture and Albert failed to immediately seek medical assistance. Ultimately, M.E. was treated and hospitalized for her injuries, some of which may be permanent.
Albert was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Albert was sentenced to 151 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Albert 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 Patrick J. Reinert and was investigated as part of the National Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-0053. Follow us on Twitter @USAO_NDIA.
Fifth Person Arrested in Connection with Scheme to Smuggle Guns to LebanonRead the Press Release
Fadi Yassine, age 42, a Lebanese citizen, was arrested last evening as he disembarked an international flight arriving in New York City.
Yassine was arrested without incident 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.
According to an affidavit filed in support of the criminal complaint, Yassine purchased guns in Lebanon that had been acquired in the United States and shipped to Lebanon by Ali Herz, Adam Al-Herz, Bassem Herz, and Sarah Majid Zeaiter. Yassine also purportedly communicated via Facebook from Lebanon with Bassem Herz in the United States to provide direction concerning which firearms to purchase. The affidavit also states that Yassine gave $30,000 cash to Ali Herz in Lebanon to be used to acquire more guns in the United States.
The Herzs and Zeaiter were each sentenced to terms of imprisonment in 2016 following their pleas of guilty to conspiring to violate the Arms Export Control Act and other offenses.
Yassine made his initial appearance in federal court in Brooklyn, New York, this afternoon. Yassine waived further proceedings in New York and was ordered to be transferred to Cedar Rapids in the Northern District of Iowa by the United States Marshals Service. A court appearance will be scheduled upon Yassine’s arrival in Cedar Rapids.
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-mj-00030.
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Postal Employee Charged with Theft of Mail MatterRead the Press Release
Kirk Baird, 42, from Sergeant Bluff, Iowa, has been charged with theft of mail matter by a postal employee. The charges are contained in an Indictment filed January 18, 2017, in United States District Court in Sioux City.
The Indictment alleges that, between about August 2016 and October 20, 2016, Baird did embezzle letters, postal cards, and mail, and articles therein, entrusted to him, or which came into his possession intended to be conveyed by mail by the United States Postal Service, and stole, abstracted and removed from such letters, postal cards and mail, cash, gift cards and other items of value contained therein, with intent to convert such items to his own use.
“The agency considers the aforementioned allegations to be a very serious matter. When these types of allegations are made, OIG Special Agents vigorously investigate these matters, as was done in this instance” said Special Agent in Charge Joanne Yarbrough, of the Office of Inspector General (OIG) for the Postal Service’s Western Area Field Office.
If convicted, Baird faces a possible maximum sentence of 5 years’ imprisonment without the possibility of parole, a fine of up to $250,000, a mandatory special assessment of $100, and a term of supervised release of up to one year following any imprisonment.
Baird’s first appearance in federal court in Sioux City for an arraignment is set for February 2, 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 Jamie Bowers and was investigated by the U.S. Postal Service Office of Inspector General
Office of Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR17-4001. Follow us on Twitter @USAO_NDIA.
Two Florida Men Sentenced to Prison for Identity Theft and Credit Card FraudRead the Press Release
Two men who used stolen credit card information to make fraudulent purchases in Iowa were sentenced to federal prison this week.
Maiko Aragon, age 24, from Miami, Florida, received more than three years in federal prison after pleading guilty to aggravated identity theft and conspiracy to use counterfeit credit cards. David Viamontes-Pando, age 23, also from Miami, Florida, received a one-year prison term after pleading guilty to the same offenses.
Evidence at the sentencing hearings showed that Aragon, Viamontes-Pando, and a third man, Henry Herrera, traveled to Iowa on multiple occasions in January 2016. The evidence showed that the men used stolen credit card information to make fraudulent purchases at stores in and around Cedar Rapids, Iowa. Testimony at the sentencing hearing also showed that Aragon installed a skimming device on a gas pump in order to steal credit card information.
Both Aragon and Viamontes-Pando were sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand. Aragon was sentenced to 45 months’ imprisonment and ordered to make $19,422.13 in restitution to victims. He must also serve a two-year term of supervised release after the prison term. Viamontes-Pando was sentenced to 12 months’ imprisonment and ordered to make $3,654.10 in restitution to victims. He must also serve a one-year term of supervised release after the prison term. Henry Herrera, who has pleaded guilty to the same offenses as Aragon and Viamontes-Pando, is set to be sentenced on February 22, 2017. There is no parole in the federal system.
In sentencing Aragon and Viamontes-Pando, Judge Strand commented that the offenses undermined public faith in financial institutions and were driven by greed. Judge Strand also increased Aragon’s sentence due to Aragon’s leadership role in the operation.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by Homeland Security Investigations and the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-24.
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Iowa Nursing Facility, Its Ownership, and Its Management Agree to Pay $100,000 to Resolve Allegations that Residents Received Worthless CareRead the Press Release
The Abbey of Le Mars, Inc., and other individuals with financial interests in the Abbey’s operations, agreed to pay $100,000 to settle allegations they violated the False Claims Act by submitting or causing claims to be submitted to Medicaid when the care provided to nursing facility residents was so grossly substandard that the care was worthless and effectively without value.
The allegations relate to care provided for sixteen residents between January 2009 and February 2015. The government alleged that the care the Abbey provided was grossly substandard in multiple material ways:
- providers failed to address skin conditions and fractures, leading to inadequate care and additional medical costs;
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residents were subjected in the first instance to physical restraints and unnecessary medications rather than other types of interventions;
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providers utilized anti-psychotic medications to numb or sedate residents so as to decrease residents’ needs; and
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residents were not given adequate nourishment or bathing and toileting care, leading to infections and impactions necessitating emergency room visits.
The individuals signing the agreement include Leo Lenaghan, who owns the building where the Abbey operates; John Florina, Jr., who was a paid consultant to the Abbey; Janet Howe, the Abbey’s president; Don Butcher, who worked as the Abbey’s administrator; and the Abbey’s former director of nursing, Donna Stuhrenberg.
The False Claims Act settlement agreement only resolves government claims related to the alleged submission of claims for payment to Medicaid when the services provided were worthless and effectively without value. Other government claims are not released.
“Nursing facility residents deserve to be treated with dignity, respect, and attentive care sufficient to meet their medical needs and support their mental health,” said United States Attorney Kevin W. Techau. “This settlement demonstrates the commitment of the Northern District of Iowa United States Attorney’s Office to defending the integrity of the system and ensuring that taxpayer money is spent as Congress intended. We will continue to work with our federal and state partners to hold nursing facility owners, administrators, and employees across the district accountable if they are responsible for nursing facility residents being mistreated or if Medicaid or Medicare payments are wasted or misspent.”
The investigation and settlement are part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.
The investigation was led by the State of Iowa Medicaid Fraud Control Unit and conducted in conjunction with the Health and Human Services Office of Inspector General. The claims settled by this agreement are allegations only and there has been no determination of liability.
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U.S. Department of Justice Partners with Linn County and Cedar Rapids Law Enforcement and Community Agencies to Host Forum: Protecting Arab, Muslim, Sikh, and South Asian Communities and the Community Response to Hate CrimesRead the Press Release
CEDAR RAPIDS, IA –The U.S. Department of Justice partnered with Linn County and Cedar Rapids law enforcement and community agencies to host a forum today to discuss hate crimes and bias incidents targeted against the Arab, Muslim, Sikh, and South Asian Communities. A representative from the Department of Justice’s Community Relations Service (CRS) served as the moderator.
Pursuant to the Hate Crimes Protection Act, CRS is authorized to work with communities to help them develop the capacity to prevent and respond more effectively to violent hate crimes committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion, or disability. CRS is a remarkably unique federal component dedicated to assisting state and local units of government, private and public organizations, and community groups develop local capacity to prevent racial and ethnic tensions.
Joining in the forum were representatives from the Linn County Attorney and Sheriff’s Offices, the Cedar Rapids Police Department, the Federal Bureau of Investigation, the Cedar Rapids Civil Rights Commission, and leaders from the Arab, Muslim, Sikh, and South Asian communities in Cedar Rapids.
United States Attorney Kevin W. Techau expressed appreciation to the agencies involved and the community members attending for their willingness to discuss issues that communities across the state and country encounter. Techau stated, “The Department of Justice is committed to protecting the rights and freedoms of all people. Today’s meeting was an opportunity to discuss the topic of hate crimes in a safe environment. Hate crimes represent an attack not just on the individual victim but also on the victim's community. The impact is broad because these crimes send a message of hate and violence to entire ethnic and religious groups. The perpetrators of such crimes intend to create fear and spread hatred. We are committed to working with all communities to address the issue by working to prevent hate crimes as well as investigate and prosecute hate crimes whenever and wherever necessary.”
Assistant U.S. Attorney Tony Morfitt provided information on the federal statutes that criminalize various types of hate crimes. He covered the evolution of federal hate crime law and the recent expansion of the groups protected by federal hate crime laws.
Morfitt emphasized that the defining characteristic of a federal hate crime is that the actions must have been motivated by hate and that an individual cannot be found guilty federally unless the government proves the person acted “because of” the victim’s status as a member of a protected group. As an example, Morfitt pointed to the case of United States of America v. Randy Metcalf, where the government last year proved at trial that a Dubuque resident had assaulted an African American man in a local bar because of his race.
The Linn County Attorney’s Office presented information regarding Iowa hate crime laws. Representatives from CRS served as moderators and engaged the presenters and law enforcement and community leaders with questions from the audience.
To learn more about the Department of Justice’s Community Relations Service, visit: https://www.justice.gov/crs.
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Methamphetamine Trafficker Sentenced to More than 24 Years in Federal PrisonRead the Press Release
An Iowa man who distributed pounds of ice methamphetamine was sentenced today to more than 24 years in federal prison.
Marcos Perez-Trevino, age 46, from Marshalltown, Iowa, received the prison term after an August 16, 2016, jury verdict finding him guilty of conspiring to distribute ice methamphetamine.
Evidence at trial showed Perez-Trevino had been involved in the distribution of ice methamphetamine in the Marshalltown area since at least 2014. As time passed, Perez-Trevino became involved in distributing higher quantities of ice methamphetamine. He arranged for multiple pounds of methamphetamine to be shipped from Mexico to Iowa. Once the drugs were in his possession in Iowa, Perez-Trevino distributed the methamphetamine to a network of individuals in multiple ounce quantities. Further, on August 12, 2015, police in Oklahoma stopped a car driven by Perez-Trevino. Police found and seized almost two pounds of methamphetamine from the car. He claimed he had found the methamphetamine at a nearby rest stop.
Perez-Trevino was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Perez-Trevino was sentenced to 292 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.
Perez-Trevino is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the 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 15-CR-2037.
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Denison Man Sentenced to over 20 Years for Distributing MethamphetamineRead the Press Release
An Iowa man who distributed significant quantities of ice methamphetamine was sentenced today to more than 20 years in federal prison.
Armando Castillo Valerio, 50, from Denison, Iowa, received the prison term after a June 22, 2016, jury verdict finding him guilty of conspiring to distribute methamphetamine.
Evidence at trial showed Valerio was responsible for distributing ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa. Valerio received ice methamphetamine from multiple sources, including some who were located out of state. Once he obtained methamphetamine from his sources of supply, Valerio distributed it to a network of individuals. Multiple witnesses testified at trial to receiving methamphetamine from defendant.
Valerio was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand. Valerio was sentenced to 262 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.
Valerio is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-CR-2050.
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Cedar Rapids Man Charged with Receipt and Possession of Child PornographyRead the Press Release
Donald Etheredge, age 51, of Cedar Rapids, Iowa, has been charged with receipt and possession of child pornography. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2013 and 2015, Etheredge received child pornography and possessed it on a computer and a flash drive. The Indictment also alleges that Etheredge was convicted of shipment and transportation of child pornography in the Northern District of Iowa in 2004.
If convicted, Etheredge faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $750,000 fine, $15,300 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Etheredge appeared today in federal court in Cedar Rapids and was held without bond. Etheredge’s next appearance for trial is set for March 27, 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 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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Media Advisory: U.S. Department of Justice Partners with Linn County and Cedar Rapids Law Enforcement and Community Agencies to Host Forum: Protecting Arab, Muslim, Sikh, and South Asian Communities and the Community Response to Hate CrimesRead the Press Release
CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa is joining with the Department of Justice’s Community Relations Service, the Iowa Department of Human Rights, the Anti-Defamation League, the Linn County Attorney’s and Sheriff’s Offices, the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Cedar Rapids Civil Rights Commission to host a forum designed to identify and address key issues related to reporting, investigating, prosecuting and preventing hate crimes against Arab, Muslim, Sikh, and South Asian Communities. The forum is designed to build collaboration among key partners in an effort to prevent and respond to bias incidents and hate crimes.
U.S. Attorney Kevin W. Techau will be present and joined by Darryck Dean, a DOJ Conciliation Specialist with the Community Relations Service located in Kansas City.
Mr. Dean was actively involved in community conciliation efforts following the incidents in Ferguson, Mo. A flyer announcing the forum is attached.
Event Details
When: Monday, January 30, 2017
Where: Cedar Rapids Public Library, Whipple Auditorium, 450 5th Avenue SE, Cedar Rapids, IA
Time: Starts at 1:00 p.m., ends at 4:00 p.m.
This is a “pen and pad” opportunity for the press. Photography permitted. A press release will be provided and interview opportunities will be available.
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1-30-17_flyer.pdfClarion Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
A man who produced child pornography pled guilty today in federal court in Cedar Rapids.
Skyler Wyatt, age 25, from Clarion, Iowa, was convicted of one count of sexual exploitation of a child. At the plea hearing, Wyatt admitted that, in 2016, he knowingly used a child to produce child pornography.
Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Wyatt remains in custody of the United States Marshal pending sentencing. Wyatt faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, $250,000 in fines, $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 is being investigated by the Wright County Sheriff’s Office and the Webster County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 16-3045.
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United States Reaches Settlement with Meadowvale Dairy of Rock Valley, Iowa, for Clean Water Act ViolationsRead the Press Release
Meadowvale Dairy, LLC, has agreed to pay a civil penalty and take actions to prevent illegal discharges to Iowa streams in compliance with the Clean Water Act, officials of the U.S. Environmental Protection Agency and the U.S. Department of Justice announced today. Meadowvale Dairy operates multiple concentrated animal feeding operations in Rock Valley, Iowa.
Since 2002, the Iowa Department of Natural Resources has identified multiple violations of the dairy’s two National Pollutant Discharge Elimination System permits, which included fish kills in tributaries that lead to the Big Sioux River in 2004 and 2009. State and EPA inspections discovered evidence of additional unauthorized discharges of stormwater runoff into the tributaries in 2013 and 2014.
"This settlement sends a clear message that concentrated animal feeding operations must comply with Clean Water Act in order to prevent future discharges into our waters,” said John C. Cruden, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The agreement requires remedial measures to reduce pollutants and protect aquatic ecosystems in the short term, as well as third party auditing to ensure long-term compliance with the terms of the consent decree and the controlling permits.”
“The vast majority of animal feeding operations adhere to the law and actively seek to be responsible stewards of the environment,” said Mark Hague, EPA Region 7 regional administrator. “The settlement today helps ensure a level playing field for all operators by holding those who violate environmental regulations accountable.”
U.S. Attorney for the Northern District of Iowa Kevin Techau said, “The scope of the injunctive relief and the size of the civil penalty are a clear signal to Iowa’s CAFOs about the importance of compliance. This settlement demonstrates the Department of Justice's commitment to enforcing the Clean Water Act as enacted by Congress.”
As outlined in the proposed consent decree lodged today in U.S. District Court for the Northern District of Iowa, in addition to civil penalties Meadowvale Dairy will be required to implement injunctive relief that includes short-term and long-term corrective measures to prevent unpermitted discharges of pollutants into tributaries. Injunctive relief includes:
- Retain an independent third party to develop and perform an audit, verifying compliance with the requirements of the proposed consent decree.
- Comply with all requirements of its National Pollutant Discharge Elimination System permits, including adherence to its Nutrient Management Plan. A Nutrient Management Plan typically outlines management and conservation practices to optimize productivity of the operation while conserving nutrients and protecting the environment. It may include practices such as appropriate manure and fertilizer storage and handling methods, managing the diet of the animals, and/or irrigation practices.
- Ensure all production areas are designed, constructed and operated to prevent unpermitted discharges with an exclusion for a 25-year, 24-hour storm event.
EPA estimates that changes made by Meadowvale required by this proposed settlement will result in a reduction of approximately 200,000 pounds of pollutants discharged annually. These reductions help to protect aquatic ecosystems, decrease sedimentation and improve overall water quality. The settlement also requires Meadowvale Dairy to pay $160,000 in civil penalties for alleged violations of the Clean Water Act related to mismanagement of animal wastes.
Meadowvale Dairy operates two NPDES-permitted large concentrated animal feeding operations, confining approximately 10,000 head of cattle on a combined 185 acres in Rock Valley. The operation includes four locations – North Site and South Site (both permitted), a calf barn/hut, and a satellite concrete manure storage structure.
The proposed consent decree is subject to a 30-day public comment period and approval by the federal court. Meadowvale Dairy would be required to pay the monetary penalty within 30 days of the court's approval of the settlement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 5:16-cv-4016-LTS. Follow us on Twitter @USAO_NDIA.
North-Central Iowa Man Sentenced to Federal Prison for Unlawful Storing of Hazardous WasteRead the Press Release
A Cedar Falls, Iowa man who knowingly stored hazardous waste at his now defunct Cedar Valley Electroplating facility in Cedar Falls without a permit authorizing the storage was sentenced on January 18, 2017, to two years in federal prison.
Richard Delp, 62, from Cedar Falls, Iowa, received the prison term after an August 3, 2016, guilty plea to a charge of unlawfully storing hazardous waste.
Evidence at the plea and sentencing hearing showed that from sometime in 2004 to about September 30, 2011, Delp owned and operated Cedar Valley Electroplating (CVE), an electroplating facility located at 5611 Westminster Drive, Cedar Falls, Black Hawk County, Iowa. Neither the defendant nor CVE had a permit to treat, store or dispose of hazardous waste under federal law.
CVE electroplated zinc onto carbon steel parts using a rack plating line (dip tank) and a hand-dip plating operation (barrel line). The various materials used in this process included raw steel, acids, zinc plating solution, chromate solutions (yellow and clear), acids and caustic soda. From sometime in 2004 to about September 30, 2011, CVE was a large quantity hazardous waste generator and produced more than 1,000 kilograms of hazardous waste per month.
On September 9, 2005, and September 20, 2010, civil inspectors of the United States Environmental Protection Agency (EPA) inspected CVE and found hazardous waste being handled and stored unlawfully. The inspectors told Delp of their findings.
Based on information obtained during the 2010 civil inspection, the EPA issued a Notice of Preliminary Finding to CVE for failing to perform hazardous waste determinations on the wastes stored in the facility. In a July 25, 2011, letter from Delp to the EPA, Delp acknowledged some of the wastes EPA had observed in the September 20, 2010 inspection were, in fact, hazardous wastes within the meaning of 42 U.S.C. §6928.
On or about September 30, 2011, Delp closed CVE, leaving numerous process chemicals and wastes inside and surrounding CVE’s building including those observed in the 2010 inspection.
In late 2011, Delp was ordered by the Cedar Falls Fire Department to move several white plastic tanks containing caustic or acid compounds from the outside and into the building so that they would not freeze and discharge into the environment. The tanks, when moved, left visible staining in the area where they had been stored outside, revealing there had already been discharges to the environment.
On February 27, 28, and 29, 2012, EPA executed a federal search warrant at CVE, discovering totes, tanks, drums, and other containers, some of which were leaking and unlabeled, and materials throughout the facility, giving off a strong acidic odor, containing hundreds of gallons of chromium, zinc, ferric sulfate, ferric chloride, sulfuric acid, hydrochloric acid, sodium hypochlorite, sodium hydroxide, and other items. Abandoned plating baths containing hundreds of gallons of caustic chemicals (e.g., hydrochloric acid, sulfuric acid, and sodium hydroxide), waste water tanks, corroded metal and concrete surfaces also were discovered during the search.
EPA collected chemical samples from ten 55-gallon drums, one tote, five tanks and four vats. Of these 20 samples, 18 exhibited the characteristic for corrosiveness and 9 exhibited the characteristic for toxicity and therefore constituted hazardous waste under federal law.
Following the search, EPA civil responders removed earth, containers, and interior portions of the property to ameliorate the contamination. The on-site clean-up work concluded on October 23, 2012. The total clean-up related costs exceeded $789,138.03.
Items stored at the CVE facility were hazardous wastes exhibiting the characteristics of corrosiveness and toxicity (specifically chromium), for purposes of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6109 et seq.
“By refusing to comply with laws that ensure the safe handling and storage of hazardous chemicals, Delp put the public at serious risk,” said Justin Oesterreich, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Iowa. “EPA and its law enforcement partners are committed to protecting local communities by holding to account those who disregard the harm they pose to public health and the environment.”
“Mr. Delp unlawfully stored hazardous waste, resulting in the discharge of this waste into the environment and creating a risk to the safety of others and to the natural resources of Iowa,” said Kevin W. Techau, United States Attorney for the Northern District of Iowa. “We hope this case will encourage others to comply with laws designed to ensure hazardous wastes are properly stored and protect our environment.”
Delp was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Delp was sentenced to 24 months’ imprisonment. A special assessment of $100 was imposed and he was ordered to make $$789,138.03 in restitution to the Environmental Protective Agency (EPA’s) Superfund. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Delp was released on bond previously set and is to surrender to the United States Marshal on February 13, 2017.
The case was investigated by the Environmental Protection Agency Criminal Investigation Division and is being prosecuted by Assistant United States Attorneys Forde Fairchild and Shawn S. Wehde.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR16-2022.
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Four Individuals Charged with Fraud Targeted Towards the ElderlyRead the Press Release
Carlos Rodriguez, Michael Marcov, Stephanie Marcov, and Cody Richey, all from Dubuque or surrounding areas, have been charged with wire fraud, conspiracy, and money laundering. The charges are contained in a Complaint unsealed yesterday in United States District Court in Cedar Rapids.
The Complaint alleges that, from January through September 2016, the four defendants participated in a scheme to defraud people throughout the country and that the scheme was primarily targeted at the elderly. The Complaint alleges that the participants in the fraud would call a person on the phone and tell that person that a relative was in jail. The caller would then ask the victim to wire money via Western Union or Money Gram as bail money to get the relative released. The Complaint alleges that, in fact, the money was being wired to various participants in the fraud who would pick up the wire transfers and then send the money overseas.
If convicted, each of the four defendants faces a possible maximum sentence of 45 years’ imprisonment, a $750,000 fine, $300 in special assessments, and a term of supervised release following any imprisonment.
Rodriguez, Michael Marcov, and Stephanie Marcov appeared yesterday in federal court in Cedar Rapids. Rodriguez and Michael Marcov are being held without bond. Stephanie Marcov was released on conditions of release. The next court hearing in the case is set for 9:30 a.m. on January 17, 2017 for a detention and preliminary hearing.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
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/.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was 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 number is 17-MJ-04.
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Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 6, 2017, to more than 12 years in federal prison.
Kevin Babb, 55, from Sioux City, Iowa, received the prison term after a October 7, 2016, jury verdict finding him guilty of one count of conspiracy to distribute 50 grams or more of actual (pure) methamphetamine and three counts of distribution of methamphetamine.
Evidence at trial showed Babb was involved in a conspiracy that distributed methamphetamine in the Sioux City area from 2012 through 2014. On three separate occasions in April and July 2014, evidence showed that Babb provided methamphetamine during controlled drug transactions with law enforcement.
Babb was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Babb was sentenced to 150 months’ imprisonment. A special assessment of $400 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.
Babb 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 Nathan W. Nelson and United States Attorney Jack Lammers and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-4041. Follow us on Twitter @USAO_NDIA.
Jamaican National Pleads Guilty in Scheme to Defraud Elderly Illinois CoupleRead the Press Release
A Jamaican man pled guilty today, in federal court in Cedar Rapids, to participating in a mail fraud scheme that defrauded an elderly 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, was convicted of one count of Mail Fraud. At the plea hearing, defendant admitted he participated in the scheme beginning no later than September 2015, and continuing through at least December 2015. Defendant admitted he recruited his ex-girlfriend, T.W., to participate in the scheme.
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/
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Smith remains in custody of the United States Marshal pending sentencing. Smith faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine or not more than twice the gross gain or twice the gross loss from the offenses, whichever is greater, $100 in special assessments, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service 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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Iowa Home Health Company and Its President Agree to Pay $1,000,000 to Resolve Allegations They Sought Reimbursement for Inappropriate CostsRead the Press Release
Ultimate Nursing Services of Iowa, Inc., and its president, Steven Tucker Anderson, have agreed to pay $1,000,000 to settle allegations they violated the False Claims Act.
The allegations relate to cost reports submitted by Ultimate Nursing for the period beginning January 1, 2011, and ending June 30, 2013. During this period, the company received payment for services to Medicaid beneficiaries in part through the submission of cost reports reflecting the costs associated with the provision of services and patient care. The government alleged that Ultimate Nursing’s cost reports for this period improperly resulted in payment for non-reimbursable travel and entertainment expenses and for non-reimbursable costs associated with services provided to Ultimate Nursing by other entities owned by Anderson or a family member.
“We will continue to use every resource available to ensure that all Iowa health care providers play by the same rules and that government money intended to pay for health care for Medicaid or Medicare beneficiaries is spent only for its intended purpose,” said United States Attorney Kevin W. Techau. “We also recognize the cooperation we received from the company and its president from the onset of this investigation and appreciate their willingness to work with us to address the issues raised by the investigation.”
The investigation was conducted in conjunction with the Health and Human Services Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Charles City Man Sentenced to 20 Years in Federal Prison on Firearms ViolationsRead the Press Release
Randy Patrie, age 44, from Charles City, Iowa, received a 20-year prison term after a September 6, 2013 guilty plea to possessing sawed-off shotguns and being a felon in possession of firearms.
Patrie had previously been sentenced to life imprisonment but, because of a subsequent Supreme Court decision in an unrelated case, his life sentence was overturned on appeal. As a result of the Supreme Court decision, at yesterday’s sentencing hearing, Patrie could no longer be sentenced to life imprisonment because the maximum potential sentence was 20 years’ imprisonment. The court sentenced him to that maximum sentence.
Patrie was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Patrie was sentenced to 240 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Patrie 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 Iowa Division of Criminal Investigation, the Chickasaw and Floyd County Sheriff’s Offices, and the Charles City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 13-CR-2016.
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Business Owner Sentenced to 10 Months in Federal Prison for PerjuryRead the Press Release
A Palo business owner who provided false testimony before the federal grand jury was sentenced on January 4, 2017, to 10 months in federal prison.
Daniel L. Davidson, age 32, from Palo, Iowa, received the prison term after an August 25, 2016, guilty plea to one count of perjury.
In a plea agreement and at the plea hearing, Davidson admitted he provided false testimony regarding his financial transactions with another person that was material to an ongoing criminal investigation.
Davidson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Davidson was sentenced to 10 months’ imprisonment and fined $20,000. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Davidson was released on the conditions 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 Attorney Matthew J. Cole and investigated by Internal Revenue Service-Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-00070-LRR.
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Clarion Man Charged with Child Sexual Exploitation OffensesRead the Press Release
Jonathan Sebert, age 24, of Clarion, Iowa, has been charged with sexual exploitation of a child, receipt of child pornography, and possession of child pornography. The charges are contained in an Indictment unsealed on December 28, 2016, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2012 and 2016, Sebert produced, received, and possessed child pornography.
If convicted, Sebert faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 70 years’ imprisonment, a $750,000 fine, $15,300 in special assessments, and at least five years and up to life on supervised release following any imprisonment.
Sebert appeared for a detention hearing on December 30, 2016, in federal court in Cedar Rapids and was held without bond. Sebert’s next appearance for trial is set for February 27, 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 Wright County Sheriff’s Office and 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 16-3054.
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Waterloo Heroin Dealer Sentenced in Federal CourtRead the Press Release
A Waterloo woman who possessed heroin with intent to distribute near Morris Park in Waterloo, Iowa, was sentenced yesterday to 21 months in federal prison.
Michelle Hanson, age 28, from Waterloo, Iowa, received the prison term after an October 3, 2016, guilty plea to possession with intent to distribute heroin and fentanyl near Morris Park in Waterloo, Iowa on March 2, 2016.
At the guilty plea, Hanson admitted she sold heroin and fentanyl out of her Waterloo home, which was located near Morris Park. A search of her home by the Tri-County Drug Enforcement Task Force resulted in the seizure of over 12 grams of heroin and six patches containing fentanyl.
Hanson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hanson was sentenced to 21 months’ imprisonment and a special assessment of $100 was imposed. She must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system. Hanson 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 Patrick J. Reinert and was investigated as part of the National Heroin Initiative of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Tri-County Drug Task Force, which is comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-2036. Follow us on Twitter @USAO_NDIA.
Woman Sentenced to Seven Years’ Imprisonment for Tax Fraud, Identity Theft, and Making False Statements to Get Housing AssistanceRead the Press Release
A woman who stole others’ identities, filed false tax returns seeking to get more than $250,000 in fraudulent tax refunds, and lied in order to get government housing assistance was sentenced today to seven years in federal prison.
Kaeisha Robinson, age 38, from Phoenix, Arizona, and formerly of Maquoketa and Dubuque, Iowa, received the prison term after a September 2, 2016, guilty plea to one count of aggravated identity theft, one count of theft of government property, and one count of making false statements to a government agency.
In a plea agreement, Robinson admitted that from May 2011 to February 2013, she filed numerous false and fraudulent tax returns. She further admitted that she filed these returns in both her own name and the names of others, some of whom were unaware that Robinson was using their identities to file fraudulent returns. Robinson also admitted that as a result of these fraudulent returns, she received tax refunds from the Internal Revenue Service to which she was not entitled and stole money from the government. Finally, Robinson admitted that from October 2011 through July 2013, she lied on forms she completed in order to receive Section 8 housing assistance by failing to report all of her income. As a result, Robinson received $12,143 in housing assistance to which she would not have been entitled had she been truthful.
Robinson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Robinson was sentenced to 84 months’ imprisonment. A special assessment of $300 was imposed, and she was ordered to make $336,380 in restitution to the Internal Revenue Service and $12,143 in restitution to the Eastern Iowa Regional Housing Authority. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Robinson 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 Anthony Morfitt and was investigated by the Internal Revenue Service-Criminal Investigations, United States Postal Inspection Service-Criminal Investigations, and the Department of Housing and Urban Development Office of the Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-CR-00071.
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Two Dubuque Felons Who Stole Guns in a Burglary Sent to Federal PrisonRead the Press Release
Two felons from Dubuque, who stole firearms in a burglary in March 2016, were each sentenced last week to federal prison. Arthur Robledo, age 25, received a 57 month sentence after his June 30, 2016, guilty plea to one count of possession of firearms by a felon. His co-defendant, Adam Becker, also 25 years old, received a 71 month sentence after a July 5, 2016, guilty plea to the same crime. Robledo and Becker were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. In their respective plea agreements, and at sentencing hearings, Robledo and Becker each admitted they stole firearms in a burglary in Dubuque, Iowa, on March 29, 2016.
Chief Judge Reade found Robledo was affiliated with the “Latin Kings” gang, posed a danger to the community, and was at a high risk to recidivate. At his sentencing hearing, Chief Judge Reade also found that, on the night of Christmas 2014, following an incident at a local bar, Robledo was intoxicated and acted in a “totally outrageous” manner by attempting to bite an East Dubuque, Illinois police officer, trying to spit blood on an officer, and threatening to have a number of law enforcement officers and their families beheaded. In the 2014 incident, Robledo bragged that his family were members of the Los Zetas Mexican drug cartel and referenced the well-publicized assassinations of police officers in another state. Chief Judge Reade observed Robledo’s criminal activity was “escalating”, as the 2016 burglary followed the 2014 incident and another burglary conviction in Iowa.
Chief Judge Reade found Becker had a “very concerning criminal history”, which included multiple burglary convictions involving firearms. Judge Reade characterized Becker as a “serial burglar” at “extremely high risk to recidivate.” She indicated Becker had committed “the same offense over and over again” yet had received leniency in state court.
A special assessment of $100 was imposed in each case. Robledo and Becker must also each serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Robledo and Becker are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Tim Vavricek and Lisa Williams and investigated by the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-1015-LRR.
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Cedar Rapids Man Pleads Guilty to Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
A man who produced and possessed child pornography pled guilty on December 22, 2016, in federal court in Cedar Rapids.
Michael Bordman, age 23, from Cedar Rapids, Iowa, was convicted of 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Bordman remains in custody of the United States Marshal pending sentencing. Bordman faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 50 years’ imprisonment, $500,000 in fines, $10,200 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 is being 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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Cascade Man Sentenced to 20 Years for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced December 20, 2016 to 20 years in federal prison.
Toby Donovan, age 39, from Cascade, Iowa, received the sentence after a July 25, 2016 guilty plea to one count of receipt of child pornography. At the plea hearing, Donovan admitted that, between 2012 and 2013, he knowingly used the Internet to receive child pornography. In addition, defendant has a 2014 conviction in Dubuque County for enticement of a minor.
Donovan was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Donovan was sentenced to 240 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a 10-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque County Sheriff’s Office, the Cedar Rapids Police Department, and the Cascade 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 14-1012.
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