Northern District of Iowa
Press releases recorded for this federal judicial district.
Nebraska Man Pleads Guilty to Unauthorized Access to BVU ComputersRead the Press Release
A man who was upset at being passed over for an IT position at Buena Vista University and gained unauthorized access to several BVU computers, pled guilty on October 28, 2015, in federal court in Sioux City.
David Boyer, age 46, from Nebraska, was convicted of one count of unauthorized access to a protected computer.
In a plea agreement, Boyer admitted that from October 2009, through June 4, 2010, he intentionally accessed protected computers belonging to Buena Vista University without authorization. Boyer accessed the computers and email accounts of the President, Vice President and other employees of Buena Vista University because he was angry at University for failing to promote him to be the head of the IT department, and hiring another individual for that position. As part of the plea agreement Boyer agreed to pay $100,000 in restitution, and signed a written apology to the University.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Boyer remains free on bond previously set pending sentencing. Boyer faces a term of imprisonment of not more than 1 year, a $10,000 fine, a $25 special assessment, and at least 1 year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy T. Duax and was investigated by the Iowa Department of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-4109.
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Law Enforcement and Service Providers Partner to Address Domestic ViolenceRead the Press Release
CEDAR RAPIDS, IOWA – October is National Domestic Violence Awareness month as proclaimed by Presidential Proclamation. Domestic violence statistics are alarming. Nearly one in four women and one in seven men have suffered severe physical violence by an intimate partner. Besides the physical violence endured, victims are often deprived of basic liberties, lose their autonomy and almost daily face threats to their health, safety and security. October is dedicated to reaffirming America’s commitment to ensuring that no one suffers the hurt and hardship that domestic violence brings.
To reaffirm this commitment, local and federal law enforcement agencies joined area domestic abuse service providers today at Waypoint Services to discuss, among other things, the federal laws that can be used to combat domestic violence in an effort to raise public awareness to the issue.
United States Attorney Kevin W. Techau stated, “Domestic violence continues to devastate the lives of Iowans across the state. Experience tells us that the severity of such crimes frequently escalates over time, sometimes with deadly results. It is crucial for victims of domestic abuse to receive protection and assistance from law enforcement agencies and community organizations. The United States Attorney's Office has and will work shoulder to shoulder with our law enforcement and community partners to help ensure all Iowans are safe in their homes and communities.”
Joining in this meeting and the press conference that followed were representatives from the Cedar Rapids and Marion Police Departments, Linn County Sheriff’s and County Attorney’s Offices, and several domestic abuse service providers and homeless shelters, including: Waypoint’s Domestic Violence Victim Services Program, Cedar Valley Friends of the Family Victim Shelter Program, Amani Culturally Specific Services for African Americans, Madge Phillips Center, Willis Dady Shelter, and the Catholic Worker House.
Domestic violence can result in physical injury, psychological trauma, and in severe cases, even death. The devastating physical, emotional, and psychological consequences of domestic violence can cross generations and last a lifetime. Area service providers are key partners.
Tara Beck, Director of Waypoint’s Domestic Violence Victim Services Program stated, “Waypoint’s Domestic Violence Victim Services Program continues to support upwards of 2000 victims of domestic violence every year. Many of the individuals we support face very real threats of serious injury or death. Community awareness about the dynamics of domestic violence, services available, and potential legal remedies is crucial in helping to create greater safety for victims and accountability for offenders.”
The Cedar Rapids Police Department worked closely with Cedar Valley Friends of the Family, the Linn County Attorney’s Office and other law enforcement representatives to initiate the use of an assessment tool when responding to abuse complaints. Federal funding was secured to train responders how to assess a victim’s safety level when responding to domestic disturbances. A questionnaire will be used by responding officers as one tool to assess the circumstances. A series of questions will be asked of the alleged victim to aid in making an appropriate service referral to protect them from future harm. Chief Wayne Jerman added, “We are recommitted to prevention and response efforts and to holding accountable all alleged abusers.”
Linn County Attorney Jerry Vander Sanden added that his office prosecutes approximately 500 domestic violence related cases each year. “Many of our victims report that their abuse is not an isolated incident and that they have been enduring abuse for some time. We recognize the seriousness of these offenses and know that all too often the degree of the abuse escalates, sometimes even ending in death.” Vander Sanden added, “In the last 18 months there have been six homicides in Linn County alone that have arisen out of domestic relationships. We have to respect our victims, understand why reporting domestic violence is so difficult for some and why it is difficult in some cases for our victims to cooperate with the prosecution of these domestic abuse offenses. It is our job to get justice for these people and send the message that domestic violence will not be tolerated. The home is the last place a person should feel unsafe.”
Assisting victims of abuse with futures is equally important. The Iowa Coalition Against Domestic Abuse (ICADV) is offering 35 survivors of domestic abuse the opportunity to change their futures. The Alice Barton Scholarship Program will grant $1,000 scholarships to be used towards tuition, books, supplies, childcare or housing. The Program works to empower survivors of domestic violence through education and job training. “Abuse wreaks havoc on a survivor's life. Receiving an education is one way to start putting the pieces back together,” stated Elizabeth Albright Battles, Administrator of the scholarship program for ICADV. She also noted, “A survivor has an opportunity to see themselves in a new light, learn new skills, and meet new, supportive people. Through the Alice Barton Scholarship, we hope to encourage more survivors to follow their dreams.” Learn more about this program by emailing Elizabeth Albright Battles at [email protected], or by calling 515-244-8028.
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Man Sentenced to Five Months Prison for Re-Entering the United States from MexicoRead the Press Release
A man who illegally re-entered the country was sentenced on October 20, 2015, to five months in federal prison.
Juan Barajas-Silvia, age 30, from Mexico, received the prison term after an August 12, 2015, guilty plea to one count of illegal re-entry of a removed alien.
At the guilty plea, Barajas-Silvia admitted he illegally re-entered the United States after being deported on June 13, 2008. Barajas-Silvia came to the attention of Immigration and Customs Enforcement (ICE) officials on June 19, 2015, when he was arrested in Sioux County, Iowa for harassment.
Barajas-Silvia was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Barajas-Silvia was sentenced to five months imprisonment. He must serve a 1-year term of supervised release. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-4045.
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Wright County Egg Investigative Team Honored at the 18th Annual Council of the Inspectors General on Integrity and Efficiency AwardsRead the Press Release
CEDAR RAPIDS - On October 22, 2015, the team that investigated Jack and Peter DeCoster and their egg company following a national foodborne illness outbreak were honored at the 18th Annual Council of the Inspectors General on Integrity and Efficiency (CIGIE) awards ceremony in Washington D.C. The team received the CIGIE Gaston L. Gianni, Jr. Better Government Award. Among the team members honored was Assistant U.S. Attorney Peter Deegan with the United States Attorney’s Office for the Northern District of Iowa.
In 1978 the Inspector General Act established Offices of Inspectors General within federal agencies to combat fraud, waste, and abuse and to improve the economy and efficiency of program operations. The Inspectors General community has nearly 14,000 professionals conducting audits, investigations, and inspections among other duties. The CIGIE is composed of Inspectors General and government ethics and law enforcement officials.
The Gaston L. Gianni, Jr. Better Government Award is given annually to recognize persons who contribute to attaining the ideals of the Inspector General Act and work toward improving the public’s confidence in government.
The Wright County Egg investigative team was honored based upon its exemplary work investigating and prosecuting Jack and Peter DeCoster and their Iowa egg company, Quality Egg LLC (Quality Egg), in the wake of one of the largest foodborne illness outbreaks in U.S. history. As many as 56,000 people were sickened as a result of eating eggs associated with the outbreak.
In the course of its investigation, the team uncovered evidence that company personnel bribed an inspector of the U.S. Department of Agriculture (USDA) to release eggs that had been retained or “red tagged” for failing to meet minimum quality grade standards. In a guilty plea, Quality Egg acknowledged that, on at least two occasions in 2010, its employees gave a cash bribe to a USDA inspector.
As a result of the investigation and prosecution, both Jack and Peter DeCoster were sentenced to serve three months in prison and fined $100,000. Quality Egg was ordered to pay a fine of $6.79 million and placed on probation for three years. All three defendants were ordered to make restitution in the total amount of $83,008.19. Quality Egg also agreed to forfeit $10,000 as part of its plea agreement.
“The 72 federal Inspectors General Offices have one of the most difficult and important jobs in all of government,” said Attorney General Loretta E. Lynch at the awards ceremony. “It is a task basic to the functioning of our democracy: the task of ensuring that ours is a government not just of the people, but for the people – one sensitive to their concerns; responsive to their needs; and respectful of their sacrifices, whether in tax dollars or tours of duty.”
United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “I am very pleased to congratulate Assistant U.S. Attorney Peter Deegan and our federal partners at the U.S. Department of Agriculture, the Food and Drug Administration, the Federal Bureau of Investigation, and the Consumer Protection Division of the Department of Justice for receiving the CIGIE award. This recognition stems from multiple federal agencies working closely together to protect consumers by investigating, prosecuting and convicting Jack and Peter DeCoster and their egg company following one of the largest national foodborne illness outbreaks ever experienced in the country. This award highlights the importance of effective government oversight in the area of food safety.”
Other members of the Wright County Egg investigative team who were honored with the award are identified in the attached congratulatory notice from the Council of the Inspectors General on Integrity and Efficiency. team_award.pdf (88.64 KB)
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Waterloo Settles Clean Water Act ViolationsRead the Press Release
CEDAR RAPIDS – The United States Attorney’s Office for the Northern District of Iowa, Environmental Protection Agency and the State of Iowa have reached a proposed settlement resolving allegations of Clean Water Act violations by the City of Waterloo. The agreement will require the city to assess its sanitary sewer system and develop a master plan to eliminate unlawful sewer overflows, including discharges of sewage into the Cedar River and sewage backups into homes and businesses.
A proposed consent decree, lodged yesterday in U.S. District Court for the Northern District of Iowa requires Waterloo to perform comprehensive assessments of the capacity and condition of its waste water treatment facility and sanitary sewer system, which includes approximately 400 miles of sanitary sewer lines.
Based on the information developed by those assessments, by December 31, 2017, the city will be required to submit to the EPA and the State a master plan describing remedial measures necessary to address the sewer system’s problems with capacity, inflow and infiltration, with the goal of eliminating sanitary sewer overflows and bypasses. Following the master plan’s review and approval by the EPA and the State, Waterloo would then have until December 31, 2032, to complete all necessary work on its sewer system.
Additionally, the consent decree would require Waterloo to pay a total of $272,000 in settlement shared between the United States and the State of Iowa, complete a footing drain removal program that it has already begun, follow its sanitary sewer overflow response plan, and implement a Capacity, Management, Operations and Maintenance (“CMOM”) program for its sanitary sewer system.
The consent decree is subject to a 30-day public comment period and approval of the federal court before it becomes final. A copy of the consent decree is available online: http://www.justice.gov/enrd/consent-decrees
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Riceville Man Pleads Guilty to Possessing Child PornographyRead the Press Release
A man who possessed child pornography pled guilty yesterday in federal court in Cedar Rapids.
Adam Haacke, age 27, from Riceville, Iowa, was convicted of one count of possession of child pornography. At the plea hearing, Haacke admitted that, between 2014 and 2015, he knowingly possessed child pornography on a hard drive.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Haacke was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Haacke faces 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 Hancock County Sheriff’s Office, the Mitchell 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 15-2029.
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Media Advisory: Domestic Violence Protection MonthRead the Press Release
Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa will join Waypoint Services with other service providers and local law enforcement to hold a press conference on October 29th, the purpose of which is to discuss federal laws used to combat domestic violence. A Presidential Proclamation declared October as Domestic Violence Protection Month.
U.S. Attorney Kevin W. Techau will first meet with area service providers and local law enforcement then hold an on-site press conference following that meeting in an effort to raise public awareness about domestic abuse issues.
Event Details
When: Thursday, October 29, 2015
Where: Waypoint Services, 318 5th Street S.E., Cedar Rapids, Iowa
Time: 9:45 a.m.
A press release will be provided and interview opportunities will be available following the press conference.
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Oklahoma Man Pleads Guilty to Conspiring to Distribute Synthetic Drugs and Launder MoneyRead the Press Release
A synthetic drug wholesaler from Oklahoma pled guilty on October 20, 2015, in federal court in Cedar Rapids.
Ahmad Saeed, age 48, from Broken Arrow, Oklahoma, was convicted of conspiring to distribute controlled substances and conspiring to launder drug money.
In a plea agreement, Saeed admitted that between at least 2012 and continuing through at least June 2013, he acted as a wholesaler distributing synthetic drugs to convenience stores in Oklahoma, Iowa, and Missouri. Saeed admitted he was supplied by regional drug suppliers in various locations, including suppliers in Kansas City, Missouri. He also admitted 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, Saeed admitted he knew the synthetic drug products were for human consumption and that he actually intended the products to be consumed.
Saeed also obtained purported laboratory reports from his suppliers and provided them to his customers. The reports claimed the synthetic drug products did not contain certain drugs listed in the federal drug schedules. The drug lists on the reports were not comprehensive, and did not state what substance was allegedly in the supposedly tested product. Saeed admitted he used these reports as a means to make it appear he was complying with federal drug laws, although he knew his conduct did not comply with those laws.
He also admitted that the store owners, including Chaudhry, often paid for the synthetic drug products by check. Saeed admitted Chaudhry, or his representative, would leave the check’s “Pay to the order of” line blank, and the “memo” line would state “Loan.” Saeed admitted that these transactions were designed to conceal the fact that the transactions were drug transactions.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Saeed was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Saeed faces a possible maximum sentence of 40 years’ imprisonment, a $1,500,000 in fines, $200 in special assessments, and a lifetime of supervised release following any imprisonment.
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-LRR.
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Fairfax Man Sentenced to Prison for Possessing Firearms as a FelonRead the Press Release
A man who possessed six firearms after having been convicted of a felony offense was sentenced Tuesday, October 20, 2015, to two years in federal prison.
Dustin Kirkpatrick, age 35, from Fairfax, Iowa, received the prison term after an April 24, 2015, guilty plea to being a felon in possession of firearms.
In a plea agreement, Kirkpatrick admitted that he was convicted in 2010 of the felony offense of Interference With Official Acts Involving a Dangerous Weapon. At sentencing, evidence was presented that this conviction arose when Linn County Deputy Sheriffs attempted to take him into custody for purposes of a mental health commitment. When the deputies told Kirkpatrick what they were doing, he pulled a 9mm handgun from his pocket. Deputies were able to wrestle Kirkpatrick to the ground and disarm him without anyone being shot.
In the plea agreement, Kirkpatrick further admitted that on June 30, 2014, his father turned in to the Linn County Sheriff’s Office three handguns and three shotguns he possessed. Later that same day, Kirkpatrick’s father called the Linn County Sheriff’s Office to report that his son had threatened a neighbor with a knife and when he (father) had intervened, Kirkpatrick then turned on him. Linn County Sheriff deputies responded to the Kirkpatrick’s house with a tactical team and found him locked in a bedroom. Kirkpatrick refused orders to open the door and surrender, so deputies forced the door open. Kirkpatrick faced the deputies with a long-bladed knife in one hand and a hatchet in the other with arms raised above his head. He refused to drop the weapons in response to orders to do so. Deputies were able to take Kirkpatrick into custody only after using a Taser on him.
At the sentencing hearing, Kirkpatrick moved for a reduced sentence, citing his mental health history of schizophrenia and depression. Kirkpatrick argued that he was suffering from delusions at the time he confronted the deputies, and further incarceration would not help him. The Court denied Kirkpatrick’s request, concluding that he posed a serious danger to the community because he was non-compliant in taking his medications, personally did not believe his mental health diagnosis, and had a history of violence and firearms.
Kirkpatrick was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kirkpatrick was sentenced to 24 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Kirkpatrick 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 C.J. Williams and investigated by the Linn County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0084-LRR.
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Schools Observe a "Day of National Concern” Addressing Young People and ViolenceRead the Press Release
CEDAR RAPIDS, IOWA – Approximately 16,000 local students joined students from around the country this week in pledging to do their part to end gun violence. The United States Attorney’s Office for the Northern District of Iowa, the Cedar Rapids and Marion Police Departments, and the Linn County Sheriff’s Office are partnering with local school districts to promote discussion of the impact of violence on youth in observance of the 19th annual Day of National Concern. Each of the 17 middle and high schools in the Cedar Rapids, College Community, Marion Independent, and Linn-Mar School Districts participated.
More than 10 million young people have participated in this anti-violence campaign since it was initiated in 1996 through a Presidential Proclamation and unanimous United States Senate Resolution. The cornerstone of the initiative is the signing of a pledge in which students promise to never use a gun or violence to settle a personal dispute and to use their influence to keep their friends from doing the same. Nationwide, the pledge is often combined with school assemblies, homeroom activities, guest speakers, rallies, essay and poetry contests, displays of art work publicizing the toll of gun violence, and the beginning of many conversations about gun violence between students and adults.
Locally, each school planned activities that best fit the needs of the individual school, often involving student groups in planning the events. Some examples of the activities in which students took part include:
- Washington High School students were addressed by a former student who was disabled as a result of gun violence.
- Metro High School students read a gun violence statistic over the intercom during announcements and were asked to write essays about “the rest of their lives,” for famous figures who had their lives cut short by gun violence, imagining what they could have accomplished.
- Jefferson High School hosted a student-moderated panel, during which students engaged in a Q&A discussion including: U.S. Attorney Techau, Assistant U.S. Attorney Deegan, Cedar Rapids Police Chief Jerman, Linn County Sheriff Gardner, Linn County Attorney Vander Sanden, FBI Special Agent Reinwart, CEO of Horizons Mr. Cassell, and Jefferson High School Principal McDonnell.
- Marion High School hosted an informal “Lunch with the U.S. Attorney and Marion Police Chief” where they engaged in a casual discussion with students regarding the issue of gun violence and what students could do to make a difference.
- Vernon Middle School students received a presentation from an Assistant U.S. Attorney then signed the pledge on an enlarge pledge poster which will be prominently displayed in the school.
- Prairie Point Middle School and Ninth Grade Academy filmed a web-video in which the U.S. Attorney and Cedar Rapids Police Chief discussed the issue of youth and violence with the Student Council President.
- Prairie High School students developed awareness posters to hang around the school and approximately 50 students engaged in a conversation with an Assistant United States Attorney.
- Several middle schools in the Cedar Rapids and Linn-Mar districts broadened the message to focus on violence in general, and combined the pledge’s anti-violence message with anti-bullying and conflict-resolution speakers and lessons.
Several Assistant United States Attorneys and other local law enforcement officials attended and spoke at many of these events. Students were also offered the chance to participate in the Day of National Concern and Student Pledge Against Gun Violence by tweeting at #GunPledgeCR.
Kevin W. Techau, U.S. Attorney for the Northern District of Iowa stated, “I commend all of the Cedar Rapids and Marion area students for taking the positive step of saying no to guns in schools. The NO Gun pledge and the discussion it generated in our area schools will have a positive impact in our community. We were proud to partner with Cedar Rapids and Marion Police Departments, Linn County Sheriff’s Office and the Cedar Rapids, Marion, Prairie, and Linn-Mar schools in the first ever Iowa observation of the Day of National Concern.”
Coordinator for the Student Pledge Against Gun Violence, Assistant U.S. Attorney Justin Lightfoot, joins students at Vernon Middle School before they sign the pledge.
Students at Prairie High School sign the pledge.
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Maquoketa Man Sentenced to More Than Two Years in Federal Prison for Illegally Trafficking in Black Rhino HornsRead the Press Release
A man who illegally bought and transported black rhino horns from Oregon to Iowa was sentenced in federal court yesterday to more than two years in federal prison.
James Hess, age 39, from Maquoketa, Iowa, received the prison term after a May 13, 2015, guilty plea to one count of violating the Lacey Act, which prohibits trafficking in certain wildlife, including wildlife determined to be endangered under the Endangered Species Act. All species of black rhinos are endangered and it is illegal to traffic in black rhino horns across state lines.
In a plea agreement, Hess, who is a taxidermist, admitted that he contacted an individual in Oregon trying to sell a pair of black rhino horns online. Hess reached an agreement with the seller in Oregon and personally traveled to Oregon to get the horns. Hess told the seller he was reselling the horns to an individual living in Oregon. Hess presented the seller with an Oregon driver’s license purporting to be for the buyer of the horns. In reality, that individual had no involvement in the deal. After getting the horns, Hess shipped them back to Iowa and then gave them to Wade Steffen, a Texas resident, who shipped the horns to California. Steffen gave Hess a portion of the profit Steffen expected to make from selling the horns in California.
Rhinoceros are herbivores of prehistoric origin and among the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and black rhinoceros are endangered. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by 180 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of global rhinoceros populations. As a result, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching, rising from 13 in 2007 to 668 in 2012.
The United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “This office is committed to protecting the environment and natural resources of our country and world. Cases like this one are important steps in curbing the market for black rhino horns and ensuring the survival of the species across the world.”
“This conviction and sentencing demonstrates the resolve of the U.S, Fish and Wildlife service to eliminate the illegal trade of Rhino horns in the United States,” said Edward Grace, Deputy Chief of the U.S. Fish and Wildlife Service’s Office of Law Enforcement. “Illegal wildlife trafficking is not just a problem in faraway countries but as demonstrated by this investigation can be found here in the heartland of America. The goal of "Operation Crash" is to eliminate this illegal market in the United State so that Rhino do not become extinct and continue to be a species that survives in the wild.”
Hess was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. During the sentencing hearing, Chief Judge Reade stated of Hess that “by his actions he helped establish a market for these black rhino horns and that’s a serious offense against the planet.” Hess was sentenced to twenty-seven months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Department of Interior, Fish and Wildlife Service, Special Investigations Unit (SIU) as a part of “Operation Crash,” a nationwide effort to investigate and prosecute those involved in the black market trade of endangered rhino horns. “Operation Crash” is a continuing investigation by the Department of the Interior’s Fish and Wildlife Service, with assistance from other federal and local law enforcement agencies.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-41.
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Cedar Rapids Man to Federal Prison for Distributing Heroin Resulting in Serious Bodily InjuryRead the Press Release
A man who distributed heroin to a user who nearly died from an overdose was sentenced October 19, 2015, to fourteen years in federal prison.
Marcus DeJohn Wallace, age 20, from Cedar Rapids, Iowa, received the prison term after a June 8, 2015, guilty plea to distribution of heroin resulting in serious bodily injury.
At the guilty plea hearing, Wallace admitted that on February 24, 2015, he distributed $50 worth of heroin to a person in the parking lot of a business on Edgewood Road. He also admitted that the person to whom he had sold the heroin took it to a nearby vehicle, where another person was waiting.. Both individuals used the heroin Wallace had sold while in the automobile. Both immediately overdosed and lost consciousness after using it. The driver’s head slumped forward activating the horn. A passerby heard the horn honking, saw the two unconscious individuals, and called 911. When paramedics arrived, the passenger was able to be revived without medical intervention. The driver was totally unresponsive until paramedics repositioned the driver’s head to open his airway. Wallace admitted that without medical intervention by the paramedics, the driver was at a substantial risk of anoxic brain injury and death as a result of using the heroin Wallace distributed.
Wallace was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wallace was sentenced to 168 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.
Wallace 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 Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and 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 15-CR-00025-LRR.
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Aplington Woman Sentenced to Ten Months in Federal Prison for Social Security FraudRead the Press Release
A woman who committed Social Security Fraud for approximately eleven years was sentenced today in federal court in Cedar Rapids.
Angela Carmichael, age 49, from Aplington, Iowa, received the prison term after a July 2, 2015, guilty plea to one count of Supplemental Security Income Benefits Fraud.
In her plea agreement, Carmichael admitted that, between June 2003 and June 2014, she hid that she was living with her husband from the Social Security Administration in order to continue to receive Supplemental Security Income benefits. Carmichael admitted she lied about not living with her husband in order continue to receive benefits to which she would not otherwise have been entitled. During this period of time, Carmichael received over $68,000 in benefits. At sentencing, Carmichael also admitted she fraudulently received nearly $50,000 in Medicaid and food stamp benefits from the State of Iowa at the same time.
Carmichael was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Carmichael was sentenced to ten months’ imprisonment. A special assessment of $100 was imposed and she was ordered to make $117,938.84 in restitution. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Social Security Administration Office of Inspector General.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-2010.
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Marion Man Pleads Guilty to Possessing a Firearm as a FelonRead the Press Release
A felon who was found in possession of a .357 magnum revolver pled guilty yesterday in federal court in Cedar Rapids.
Fabian Taylor, age 28, from Marion, Iowa, was convicted of being a felon in possession of a firearm. In a plea agreement, Taylor admitted that on July 20, 2014, he knowingly possessed a .357 magnum revolver in Cedar Rapids. At a detention hearing, a federal agent with the FBI Safe Streets Task Force testified about this matter indicating that on July 20, 2014, authorities responded to multiple 911 calls reporting “shots fired.” They were informed that witnesses heard three or four shots coming from a rear passenger door of a white Hummer, which had fled the area. Officers located the automobile near the scene of the shooting and gave chase. The Hummer drove down an alley before ultimately pulling over. Taylor was seated in the right rear passenger seat. One of the other occupants of the automobile later testified that Taylor was the person who shot out of the window at a person with whom he was having a dispute. During the automobile chase, Taylor threw the .357 magnum out of the window as they drove down the alley, which officers later recovered. Taylor was a felon at the time he possessed the .357 magnum, having been convicted in 2006 of the offense of Burglary in a Minnesota state court.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Taylor remains in custody of the United States Marshal pending sentencing. Taylor faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Cedar Rapids Police Department and the FBI Safe Streets Task Force. Court file information: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0057-LRR.
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Hiawatha Man Pleads Guilty to Distributing Heroin and Fentanyl that Resulted in Convenience Store OverdoseRead the Press Release
A man who distributed a mixture of heroin and fentanyl to another individual who then overdosed in a convenience store pled guilty on October 15, 2015, in federal court in Cedar Rapids.
David Joseph Hudson, age 31, from Hiawatha, Iowa, was convicted of one count of distribution of heroin and fentanyl.
In a plea agreement, Hudson admitted that in January 2015, he distributed heroin to another individual (identified as R.R.) in a convenience store bathroom. R.R. prepared and injected the heroin in the bathroom, while Hudson was present. Hudson and R.R. left the bathroom and approached the store counter, where R.R. overdosed and collapsed. R.R. was in and out of consciousness until and after paramedics arrived. When R.R. would lose consciousness, his breathing would be slow and paramedics noticed snoring respirations (indicating some sort of airway obstruction). Paramedics eventually administered Narcan, an opiate antidote, after which time R.R. became more alert. Hudson admitted that after R.R. overdosed, he went through R.R.’s pockets, looking for the remaining drugs (which he did not find) and R.R.’s cell phone, which he took before he left the scene. Other people helping to revive R.R. found a small amount of drugs and packaging next to R.R. Laboratory testing of this substance determined it actually contained heroin and another powerful opiate, fentanyl.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hudson remains in custody of the United States Marshal pending sentencing. Hudson faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and lifetime of supervised release following any imprisonment.
The case was investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement. The case is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-78-LRR.
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Reinbeck Man Pleads Guilty to Child Pornography OffensesRead the Press Release
A man who received and possessed child pornography pled guilty on October 13, 2015, in federal court in Cedar Rapids.
Michael Cottrell, age 43, from Reinbeck, Iowa, was convicted of one count of receipt of child pornography and one count of possession of child pornography. At the plea hearing, Cottrell admitted that, between 2012 and 2014, he knowingly received child pornography and possessed it on his computer.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Cottrell remains in custody of the United States Marshal pending sentencing. Cottrell faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, a $200 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sheriff’s Office, 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 15-82.
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Cedar Rapids Woman Sentenced to More Than Five Years’ in Prison for Tax Fraud and Identity TheftRead the Press Release
A woman who filed more than 150 fraudulent tax returns over a three year period and stole the identity of a woman to file a fraudulent tax return was sentenced on October 13, 2015, to more than five years in federal prison.
Gwendolyn Murray, age 34, from Cedar Rapids, Iowa, received the prison term after a June 8, 2015, guilty plea to one count of theft of government property and one count of aggravated identity theft.
In a plea agreement, Murray admitted she, without lawful authority, used another person’s name, social security number, and signature on a fraudulent tax return she filed in January 2012. Murray further admitted she then stole from the government more than $6,000 when she cashed the refund check. She also admitted to filing more than 150 fraudulent tax returns between April 2010 and April 2013, claiming refunds to which the taxpayer named in the return was not entitled. Her criminal activity resulted in the Internal Revenue Service paying out more than $350,000 in fraudulent tax refunds to her.
Murray was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Murray was sentenced to sixty-one months’ imprisonment. A special assessment of $200 was imposed, and she was ordered to make $386,515 in restitution to the Internal Revenue Service. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
“Investigating refund fraud and identity theft is a priority for IRS Criminal Investigation,” said Special Agent Andrew M. Thornton, Special Agent in Charge of IRS Criminal Investigation. “Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers and undermines the U.S. Treasury.”
Murray was released on conditions of release previously set and is to surrender to the United States Marshal on November 3, 2015.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-00015.
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Last Two Members of the Jamal Dean Getaway Team SentencedRead the Press Release
The last two members of the Jamal Dean Getaway Team were sentenced today in federal court for their roles in obstructing a joint state-federal investigation and search for Jamal Dean in April and May of 2013.
“The arrests, convictions and sentencing’s in both the Jamal Dean case and the related Jamal Dean Getaway Team cases are the result of a law enforcement partners at the federal, state and local levels working together to help make Woodbury County and the surrounding region safer for everyone," said U.S. Attorney for the Northern District of Iowa Kevin W. Techau.
Techau also noted, “We will continue to work side-by-side with our law enforcement partners to vigorously investigate and prosecute those who break the law and particularly those who commit violent offenses.”
Evette Morris-Hernandez, age 34 (a F-13 gang member), of Sioux City, Iowa, and Esteban Hernandez, age 36 (her husband at the time), of Mercedes, Texas, received the sentences after guilty pleas to conspiring to defraud the United States by interfering with the federal investigation of and search for Jamal Dean.
Evidence presented at their guilty plea and sentencing hearings revealed that from about April 30, 2013 to May 5, 2014, the pair moved Jamal Dean from Ingmar Hernandez’s South Sioux City, Nebraska home, to Anna Baker’s home on the Winnebago Indian reservation, to the Palmer House Hotel in Sioux City, Iowa, and ultimately to within 70 miles of the Texas/Mexico Boarder to help him escape the joint state and federal investigation and manhunt of which he was then the subject.
Evette Morris-Hernandez and Esteban Hernandez were sentenced today in Sioux City by United States District Court Judge Mark W. Bennett. Evette Morris-Hernandez was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed. She must serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Esteban Hernandez was sentenced to 6-months’ imprisonment. A special assessment of $100 was imposed. He must serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Both defendants will surrender to the Bureau of Prisons on a date yet to be set by the Court.
The case was prosecuted as a part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations; the United States Marshal’s Service; the Federal Bureau of Investigation, the Iowa Department of Public Safety, the Iowa Department of Transportation, Bureau of Investigation & Identity Protection, the Iowa Division of Criminal Investigations, the Nebraska Department of Public Safety; the Texas Department of Public Safety, the Nebraska State Patrol, the Tri-State Drug Task Force, the Woodbury County, Iowa Sheriff’s Office; the Dakota County, Nebraska Sheriff’s Office; the Sioux City, Iowa Police Department, the South Sioux City, Nebraska Police Department; the North Sioux City, South Dakota Police Department, the Sergeant Bluff, Iowa Police Department, and the Dakota County, Nebraska County Attorney’s Office, and the Woodbury County, Iowa County Attorney’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-4088.
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Second Employee from Iowa City Pipe Dreamz Store Pleads Guilty to Federal Synthetic Drug ChargesRead the Press Release
A man who worked at a head shop in Iowa City pled guilty to federal drug charges on October 8, 2015, in federal court in Cedar Rapids.
Wayne Christopher Watkins, age 40, from Peoria, Illinois, was convicted of conspiring to manufacture and distribute a synthetic drug called AB-FUBINACA. The owner of Pipe Dreamz in Iowa City, Robert Carl Sharp, pled guilty on October 5, 2015.
In a plea agreement, Watkins admitted that Sharp was released from federal prison in 2012, and shortly thereafter began selling, and later manufacturing, smokeable synthetic cannabinoid products which are commonly known as “Spice,” “incense,” or K2. Watkins initially worked for Sharp at a store in Peoria, Illinois, called Smoke N Ink. Both men moved to Iowa in 2013 when Sharp opened a head shop in Iowa City called Pipe Dreamz. Sharp would order synthetic cannabinoid chemicals and also purchase bulk quantities of dried damiana leaves, a plant material that resembles dried marijuana. Watkins admitted Sharp would purchase synthetic cannabinoid chemicals, packaging materials, and inert plant material (typically damiana leaf), from various suppliers and then Sharp and defendant would manufacture synthetic cannabinoid products from the materials. Watkins admitted he would dilute the synthetic cannabinoid chemical in acetone, and then spray the mixture onto the damiana leaves. Watkins would then add some flavoring and package the substances into the various brands sold by Sharp.
Watkins and Sharp sold these products in packets that marketed the substances as incense, and contained a warning that the products were “not for human consumption,” although both men admitted they knew the products were actually intended for human consumption. The synthetic cannabinoids in these products were actually research chemicals that have not been tested or approved as safe for human consumption, and which have unpredictable short-term effects and unknown long-term effects on users.
On May 7, 2014, Sharp’s store, his house and storage unit in Center Point, Watkins’s house in Cedar Rapids, and the Pipe Dreamz store in Iowa City were all searched by federal law enforcement. During the searches, officers seized thousands of synthetic cannabinoid products, including the sprayed-on plant variety and a liquid form of the synthetic cannabinoids that was designed for use in e‑cigarettes. Officers seized an active manufacturing operation in Watkins’s house, as shown in photographs admitted at an earlier hearing. watkins_exhibit_photos.pdf (30.96 MB)
Watkins claimed Sharp told him that the chemicals they were using were legal. Despite those statements from Sharp, however, he admitted he believed there was a high probability that the substances he received and distributed were regulated by federal drug laws, but took deliberate actions to avoid learning of the true identity of the substances.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Watkins remains in the custody of the United States Marshal pending sentencing. Watkins faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.
The case was investigated by the Iowa City Police Department and 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 Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; and the Internal Revenue Service. The case is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-31-1-LRR.
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Media Advisory: Last Two Members of Dean Getaway Team SentencedRead the Press Release
Sioux City, Iowa – The United States Attorney’s Office for the Northern District of Iowa together with several federal and state law enforcement agency representatives will hold a press conference on October 13th to discuss the events leading to the shooting of a Sioux City police officer and the activities that followed to bring those involved in an attempt to obstruct justice and prevent the shooter’s capture.
U.S. Attorney Kevin Techau will be present at the press conference. He will be joined by Sioux City Chief of Police Douglas Young, Woodbury County Sheriff David Drew and County Attorney Patrick Jennings, and other county, state and federal law enforcement representatives.
Event Details
When: Tuesday, October 13, 2015
Where: Sioux City Police Department (Davidchik Hall, First Floor), 601 Douglas Street, Sioux City, Iowa
Time: 5:00 p.m. (Or one hour after the last sentencing, whichever first occurs.)
A press release will be provided and interview opportunities will be available after the press conference.
Cedar Rapids Man Pleads Guilty to Distributing Heroin that Caused OverdoseRead the Press Release
A man who injected a woman with heroin that caused her to overdose pled guilty on October 7, 2015, in federal court in Cedar Rapids.
Richard Roberts, age 37, from Cedar Rapids, Iowa, was convicted of distribution of heroin.
In a plea agreement, Roberts admitted that, in August 2015, he injected a woman with heroin, after which the woman lost consciousness. Roberts called 911 to obtain medical assistance for the woman. When paramedics arrived, she was unconscious with labored breathing and a weak pulse. Emergency responders had to revive the woman with Narcan, an opiate antidote. Roberts admitted that, without the medical intervention by emergency responders, the woman had a substantial risk of anoxic brain injury and death.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Roberts remains in custody of the United States Marshal pending sentencing. Roberts faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.
The case was investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement. The case is being prosecuted by Assistant United States Attorney Dan Chatham
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-79-LRR.
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Woman Pleads Guilty to Committing Perjury Before the Grand JuryRead the Press Release
A woman who lied before the grand jury regarding another person’s possession of firearms pled guilty today in federal court in Cedar Rapids to the crime of perjury.
Danielle Ayers, age 41, from Atkins, Iowa, was convicted of one count of committing perjury before a federal grand jury. At the plea hearing, Ayers admitted she lied under oath in the grand jury. When asked if she had seen another particular person with a firearm in the past five years, she said no. Ayers admitted that was a lie and that she had, in fact, seen that person with a firearm in the last five years.
“Lying to a federal grand jury goes to the heart of the criminal justice system,” said United States Attorney Kevin W. Techau. “We will vigorously prosecute any person we find knowingly lies to the grand jury.”
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Ayers remains subject to home confinement and electronic monitoring pending sentencing. Ayers faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Marion Police Department, the Iowa Division of Criminal Investigation, and the Linn County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-043-LRR.
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U.S. Department of Justice Awards Grants to Iowa Law Enforcement to Combat CrimeRead the Press Release
CEDAR RAPIDS, IOWA—Since mid-September several Iowa law enforcement agencies have been awarded an Edward Byrne Memorial Justice Assistance Grant by the United States Department of Justice’s Office of Justice Programs (OJP). OJP provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the-art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. The following Iowa agencies receiving grant funding:
- The Dubuque Police Department was awarded $61,230 to develop, implement, and promote a Body Worn Camera (BWC) program designed to record law enforcement interaction with members of the community.
- The Fort Dodge Police Department and the Webster County Sheriff’s Office were awarded $18,176 to purchase equipment and expand training in officer safety and effective crime scene processing.
- The Sioux City Police Department and the Woodbury County Sheriff’s Office were awarded $19,910 and $19,911, respectively to support the Tri-State Drug Task Force, provide specialized training, and purchase updated equipment.
- The Cedar Rapids Police Department and the Linn County Sheriff’s Office were both awarded $23,190.50. The Police Department will use its grant money to purchase 28 BWCs. The Sheriff’s Office will use its grant money to purchase five mobile computers/tablets, which will increase deputy efficiency, accuracy and reduce on-air communications between dispatch and staff.
United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “These grants will support the common federal, state and local goal of strengthening and improving law enforcement skills, capabilities, and procedures.”
OJP works in partnership with the justice community to identify the most pressing crime-related challenges confronting the justice system and provides information, training, coordination, and innovative strategies and approaches for addressing these challenges. Learn more about the Office of Justice Programs at: http://ojp.gov/.
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Two Former Anamosa Prison Correctional Officers Charged with Federal Extortion and Firearms OffensesRead the Press Release
CEDAR RAPIDS – Two former Anamosa State Penitentiary correctional officers have been charged with federal offenses, while two others will be charged in state court. The criminal activity surrounding these charges involved accepting money to smuggle cell phones into the prison for prisoner use, being unlawful drug users in possession of firearms, and possessing controlled substances. Anamosa penitentiary officials learned of this illegal activity and immediately began an investigation, enlisting the assistance of the Iowa Division of Criminal Investigation. The Federal Bureau of Investigation also joined in the investigation.
Two former correctional officers have been charged with federal crimes. Garrett Barton, age 29, from Anamosa, Iowa, has been charged by Criminal Information to one count of Hobbs Act extortion, that is taking money to smuggle cell phones into the prison for prisoner use, and to one count of being an unlawful drug user in possession of firearms. Ethan Darrow, age 29, also from Anamosa, Iowa, was also charged by Criminal Information with one count of being an unlawful drug user in possession of firearms.
In agreements with the United States, two other former correctional officers, Marques Maryland, age 38, from Cedar Rapids, Iowa, and Seth Vogel, age 28, from Marion, Iowa, have agreed to plead to state charges of possessing controlled substances. These pleas will be made in Jones County, Iowa.
United States Attorney for the Northern District of Iowa Kevin W. Techau stated, “Prison safety depends on prison personnel acting with honesty and integrity… smuggling drugs and other contraband to inmates undermine that safety and make an inherently dangerous environment more dangerous.”
In connection with this investigation, Samuel Foster, age 29, from North Liberty, Iowa, was charged by Criminal Complaint with being an unlawful drug user in possession of a firearm. He was not employed by the Anamosa State Penitentiary.
The public documents allege that in 2014, while employed as a correctional officer at the Anamosa State Penitentiary, Garrett Barton used his position to smuggle cell phones into the Penitentiary for inmates in exchange for cash payments. Cell phones are considered contraband which inmates are prohibited from possessing. In the course of investigating this activity, authorities also learned that Barton possessed firearms while being an unlawful user of marijuana and prescription controlled substances not prescribed to him. He also traded controlled substances for other controlled substances with other correctional officers. The investigation further revealed former correctional officer Ethan Darrow used controlled substances, including marijuana, cocaine, and prescription controlled substances, and used and traded drugs with Barton and other correctional officers, including Seth Vogel. Barton also conspired with his source of drugs, Samuel Foster, to sell marijuana to correctional officer Marques Maryland. Barton, Darrow, Vogel and Maryland were unlawful drug users in possession of firearms when they served guard tower duty at the prison while possessing AR-15 assault rifles.
Samuel Foster was charged by criminal Complaint filed in federal court on October 1, 2015. The Complaint alleges that in April 2015, North Liberty Police Officers executed search warrants at his residence and storage garage located in that city. Officers recovered, among other things, approximately 530 grams of marijuana, 156 hydromorphone pills (a Schedule II controlled substance), drug use paraphernalia, and a stolen .32 caliber revolver. Another search of Foster’s storage garage in Cedar Rapids, Iowa, uncovered approximately 123 grams of marijuana and a stolen .22 caliber rifle. The Complaint alleges that Foster admitted to being an unlawful user of marijuana and to selling it for between $3,200 and $3,300 per pound. The Complaint summarizes text messages between Foster and others, including Barton, regarding selling marijuana to Barton and Maryland.
As for Garrett Barton, a Criminal Information was filed on this date. He is scheduled to make his initial appearance and enter a guilty plea to both counts on October 13, 2015. Barton faces a possible maximum sentence of 30 years’ imprisonment, a $500,000 fine, $200 in special assessments, and eight years of supervised release following any imprisonment.
Ethan Darrow entered his guilty plea in federal court on October 5, 2015. Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Darrow remains free on conditions set by the court pending sentencing. Darrow 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.
Marques Maryland and Seth Vogel are required by the terms of their federal agreements to enter guilty pleas to possession of controlled substances in the Iowa District Court for Jones County. Maryland and Vogel each face a possible maximum state sentence of six-months’ imprisonment and a fine of up to $1,000.
Samuel Foster appeared yesterday in federal court in Cedar Rapids and was ordered detained by Chief Magistrate Judge Jon S. Scoles pending presentation of the case to the federal grand jury. Foster 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.
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 C.J. Williams and Special Assistant United States Attorney Erin Eldridge, and was investigated by Anamosa State Penitentiary, the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, and North Liberty Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for the federal court filings are: Garrett Barton (15-CR-00091); Ethan Darrow (15-CR-00090); and, Samuel Foster (15-mj-296).
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Officer of Country Bancorporation Pleads Guilty to Stealing more than $800,000 from Banks Controlled by the CompanyRead the Press Release
An officer of Country Bancorporation who embezzled more than $800,000 from banks controlled by the company pled guilty today in federal court in Cedar Rapids.
Heidi Wagler, age 50, from Wayland, Iowa, was convicted of one count of embezzlement by a bank officer.
In a plea agreement, Wagler admitted that from June 2004 through October 2013, while she was an officer of Country Bancorporation, she embezzled at least $864,835 from the company. At the time Wagler was an officer of Country Bancorporation. The company controlled seven banks and Wagler was in charge of doing payroll for each of these banks. She was also a member of the Board of Directors of one of the banks and her husband, Russell Wagler, was the Director, President, and CEO of that same bank. Wagler further admitted that, although she was entitled to compensation from Country Bancorporation for doing the payroll for its banks, she paid herself excess compensation from each of the seven banks at various times over the course of her embezzlement. She also admitted that, from January 2008 through November 2013, she paid her husband additional compensation to which he was not entitled.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Wagler remains free on conditions of release set by the court pending sentencing. She faces a possible maximum sentence of 30 years’ imprisonment, a fine of up to twice the loss resulting from her offense, a $100 special assessment, and five years of supervised release following any imprisonment. Wagler could also be ordered to pay restitution to any victims.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the FBI and FDIC.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-00089.
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Former Iowa City Head Shop Owner Pleads Guilty to Federal Synthetic Drug ChargesRead the Press Release
A man who owned and operated a head shop in Iowa City pled guilty on October 5, 2015, in federal court in Cedar Rapids.
Robert Carl Sharp, age 37, from Peoria, Illinois, was convicted of conspiring to manufacture and distribute a synthetic drug called AB-FUBINACA. He also was convicted of possessing with intent to distribute it.
Court documents reflect that in 2012, in Peoria, Illinois, Sharp began selling, and later manufacturing, smokeable synthetic cannabinoid products which are commonly known as “Spice,” “incense,” or K2. Sharp sold these products in packets that marketed the substances as incense, and contained a warning that the products were “not for human consumption,” although Sharp knew the products were actually intended for human consumption. The synthetic cannabinoids in these products were actually research chemicals that have not been tested or approved as safe for human consumption, and which have unpredictable short-term effects and unknown long-term effects on users.
Sharp eventually moved to Iowa and opened a head shop called Pipe Dreamz in downtown Iowa City. He employed another individual, Wayne Watkins, to manufacture synthetic cannabinoid products called “Gods of Aroma,” “Bizarro,” “AK-47 Cherry Popper,” “Bling Bling Monkey,” “Super Nova,” and “Darkness.” Sharp would order synthetic cannabinoid chemicals and also purchase bulk quantities of dried damiana leaves, a plant material that resembles dried marijuana. Watkins would dilute the synthetic cannabinoid chemical in acetone, and then spray the mixture onto the damiana leaves. Watkins would then add some flavoring and package the substances into the various brands sold by Sharp.
On May 7, 2015, Sharp’s store, his house and storage unit in Center Point, Watkins’s house in Cedar Rapids, and the Pipe Dreamz store in Iowa City were all searched by federal law enforcement. During the searches, officers seized thousands of synthetic cannabinoid products, including the sprayed-on plant variety and a liquid form of the synthetic cannabinoids that was designed for use in e‑cigarettes. Officers seized an active manufacturing operation in Watkins’s house.
At the plea hearing, Sharp stated he was told by the individuals from whom he purchased the substances that he was buying legal chemicals. He admitted at the plea hearing, however, that despite those statements from his suppliers, he believed there was a high probability that the substances he received and distributed were regulated by federal drug laws, but took deliberate actions to avoid learning of the true identity of the substances by refusing to get them tested by a laboratory.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Sharp remains in the custody of the United States Marshal pending sentencing. Sharp faces a possible maximum sentence of 60 years’ imprisonment, a $3,000,000 fine, $300 in special assessments, and a lifetime of supervised release following any imprisonment. Sharp also agreed to forfeit $200,000 in proceeds from the sale of illegal drugs.
The case was investigated by the Iowa City Police Department and 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 Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; and the Internal Revenue Service. The case is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-31-1-LRR.
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Media Advisory: Charges Against Former Prison GuardsRead the Press Release
Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa and the Iowa Department of Corrections will hold a press conference on October 6th to discuss recent charging decisions involving four former Anamosa State Penitentiary correctional officers and one other individual.
U.S. Attorney Kevin Techau and IDOC Director Jerry Bartruff will be present at the press conference along with representatives from the Iowa Division of Criminal Investigation, Federal Bureau of Investigation and the North Liberty Police Department.
Event Details
When: Tuesday, October 6, 2015
Where: United States Federal Courthouse, 111 7th Avenue S.E., Cedar Rapids, Iowa
Time: 3:00 p.m. (Those expecting to attend should contact Assistant U.S. Attorney and Public Information Officer Steve Young no later than Monday, October 5th. His contact information is provided in this advisory.)
A press release will be provided and interview opportunities will be available after the press conference.
Fort Dodge Felon in Possession of a Firearm to Federal PrisonRead the Press Release
A man who illegally possessed a firearm and ammunition was sentenced September 29, 2015, to nine years in federal prison.
Bruce Jeffers, 54, from Fort Dodge, Iowa, received the prison term after a July 7, 2014, guilty plea to one count of being a felon in possession of a firearm and one count of being a felon in possession of ammunition. Jeffers was previously convicted of voluntary manslaughter, arson of a home, and evading an officer with willful disregard.
On August 5, 2013, Fort Dodge, Iowa, police officers were dispatched to a domestic disturbance involving a firearm. Minutes later, Jeffers was located by Ft. Dodge Police Officers as he was pulling into the garage at his residence. Located in plain view on the front seat of Jeffers’ truck were live rounds of .380 caliber ammunition. The loaded black Kel Tec .380 pistol was located several feet from Jeffers’ driveway. During Jeffers’ arrest and booking, he attempted to conceal and discard additional .380 caliber rounds of ammunition in the booking area of the jail.
Jeffers was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jeffers was sentenced to 108 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Jeffers 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 Jamie Bowers and investigated by the Fort Dodge Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3033.
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Former Midamar Operations Manager SentencedRead the Press Release
The former Operations Manager of Midamar Corporation (Midamar) of Cedar Rapids, Iowa, a worldwide distributor of Halal food products, was sentenced yesterday to serve a three year term of probation.
Philip G. Payne, 50, of Ryan, Iowa, received the sentence after having pleaded guilty on January 5, 2015, to one count of conspiracy to make and deliver false certificates and writings.
According to facts admitted by Payne in a plea agreement, between about April 2007 and December 2009, Midamar employees, knowingly and without authorization, removed USDA marks of inspection from meat products and replaced them with marks of inspection from a facility other than where the meat was slaughtered.This was done at the direction, and with the knowledge and approval, of Midamar’s owners and managers.These and other actions were taken with the intent to make the beef eligible for import into countries that would otherwise not have accepted the beef shipments.
Payne, also admitted as part of his plea agreement that, as demand for Halal beef supplied by Midamar grew, Midamar supplemented its sales of purported Halal beef with Kosher beef slaughtered by rabbis, without any participation or oversight by a Muslim slaughterman, contrary to representations made by Midamar and Islamic Services of America (ISA), an internationally recognized Halal certifier.
Midamar and ISA were founded by William B. Aossey, Jr., of Cedar Rapids, Iowa, and in recent years were owned and operated by his sons, Jalel Aossey and Yahya (Bill) Nasser Aossey. William B. Aossey, Jr., was convicted in July of this year by a federal jury on related charges. He is currently incarcerated while awaiting sentencing. Jalel and Yahya Aossey, as well as Midamar and ISA, have each pleaded guilty to related charges and are also awaiting sentencing.
The investigation of Midamar, ISA, Payne, and the Aosseys was initiated in early 2010 when the USDA was informed that misbranded meat shipped by Midamar had been discovered in a warehouse in Indonesia. A preliminary investigation by the USDA showed at least 22 shipments of misbranded meat had been sent to Malaysia and Indonesia between about 2007 and 2010. As part of a follow-up investigation, Payne informed investigators that Midamar and ISA had been involved in additional fraud related to the substitution of Kosher meat products to satisfy Halal beef orders. Further investigation of that scheme led to the indictment of the Aosseys, Midamar, and ISA.
In addition to the three year term of probation, Payne was ordered to pay a fine of $20,000. Payne is also currently serving an eighteen month term of supervision as part of an agreement to defer prosecution on two additional felony fraud counts contained in an Information filed against him in federal court earlier this year. Payne is required to perform 75 hours of community service as part of the deferred prosecution agreement. If Payne successfully completes the term of deferred prosecution, the two additional fraud counts will be dismissed.
The case was prosecuted by Assistant United States Attorneys Richard L. Murphy and Timothy Vavricek, and was investigated by the Department of Agriculture Office of Inspector General Office of Investigations, and by the Internal Revenue Service Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00143-LRR.
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Dubuque Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
A man who possessed child pornography was sentenced yesterday to 10 years in federal prison.
Joshua Leute, age 28, from Dubuque, Iowa, received the sentence after a July 13, 2015 guilty plea to one count of possession of child pornography. In a plea agreement, Leute admitted that he downloaded child pornography and possessed it on two computers.
Leute was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Leute was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve an eight-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 Clinton County Sheriff’s Office, the Davenport Police Department, the Dubuque Police Department, and the Dubuque 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 15-1012.
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Former Employee Steals Nearly $200,000 from Employer: Heading to Prison for more than Two YearsRead the Press Release
A former employee of Crossroads Mobile Maintenance in Williamsburg, Iowa, who stole nearly $200,000 was sentenced today to more than two years in federal prison.
Jeremy Murphy, age 33, from Marion, Iowa, received the prison term after a June 16, 2015, guilty plea to one count of wire fraud.
In a plea agreement, Murphy admitted that while working for Crossroads Mobile Maintenance, he made fraudulent charges on a company credit from April 2013 through August 2014. Murphy further admitted that he had set up a fake company and then used his company credit card to make charges purporting to be in payment to that company for work performed for Crossroads. In fact, the payments eventually went into Murphy’s personal bank account. Over the course of the scheme, he made $195,375.27 in fraudulent charges on the company credit card.
Murphy was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. He was sentenced to twenty-seven months’ imprisonment. A special assessment of $100 was imposed and he was ordered to make $187,241.87 in restitution to Crossroads’ insurance companies. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Murphy was released on conditions previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by Williamsburg Police Department and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 15-CR-00052.
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Calmar Bank Robber Sentenced to 87 Months in Federal PrisonRead the Press Release
A man who robbed the State Bank in Calmar, Iowa in May of this year was sentenced today in United States District Court to more than seven years in federal prison.
Tyrone Wilson, age 49, from Postville, Iowa, received the prison term after a June 25, 2015, guilty plea to one count of bank robbery.
Wilson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wilson was sentenced to 87 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make over $1400 in restitution to State Bank. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
At the sentencing hearing, the Court found Wilson entered the State Bank in May, reached across the teller counter, grabbed the teller’s wrist, and demanded the money in the teller’s drawer. Wilson then jumped onto the counter and grabbed $900 from the teller’s drawer. Wilson fled the area, spent most of the $900 on cocaine, and ultimately was arrested without incident in the Rock Island, Illinois, area. The Court’s restitution award includes the $900 Wilson robbed from the bank, over $500 in lost profits to the Bank, and prejudgment interest.
Wilson 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 Timothy Vavricek and investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, the Calmar Police Department, the Iowa State Patrol, the Iowa Division of Intelligence, the Rock Island County Sheriff’s Office, the East Moline Police Department, the Milan Police Department, the Postville Police Department, the Decorah Police Department, the Allamakee County Sheriff’s Office, and the Winneshiek County Sheriff’s Office.
Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-2014.
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U.S. Department of Justice Awards Grant Funding to Iowa to Combat MethRead the Press Release
CEDAR RAPIDS – Earlier this week the United States Department of Justice announced that nearly $18 million in Community Oriented Policing Services Office (COPS) grant funding was awarded through the COPS Anti-Gang Initiative, COPS Anti-Heroin Task Force Program, and the COPS Anti-Methamphetamine Program. Iowa was one of seven states to receive grant funding through the COPS Anti-Methamphetamine Program (CAMP). The amount awarded to the Iowa Division of Narcotics Enforcement was $282,561.
Only state law enforcement agencies authorized by law or by state agency to engage in or supervise anti-methamphetamine investigative activities are eligible to apply for CAMP funding. Agencies that applied as part of a new or existing anti- methamphetamine task force with multi-jurisdictional reach and an inter- disciplinary team structure received additional consideration.
“We look forward to the work of our local and state law enforcement partners,” said COPS Office Director Ronald Davis. “By getting methamphetamine off the streets and shutting down laboratories, investigating illicit activities related to the distribution of heroin or unlawful distribution of prescriptive opioids, and combating gang activity through enforcement, prevention, education and intervention, we can make the country safer for everyone.”
Kevin W. Techau, United States Attorney for the Northern District of Iowa said, “Methamphetamine continues to be a scourge in Iowa. This federal grant will allow law enforcement at the federal, state, and local levels to continue to work together against methamphetamine in communities across Iowa. The United States Attorney’s Office for the Northern District of Iowa will continue to work with our law enforcement partners every day in every way possible."
CAMP is a competitive grant program designed with a focus on advancing public safety by providing funds directly to state law enforcement agencies to investigate illicit activities related to the manufacture and distribution of methamphetamine. CAMP provides funding directly to state law enforcement agencies in states with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures for the purpose of locating and investigating illicit activities, including precursor diversion, laboratories and methamphetamine traffickers. For more information about the COPS Anti-Methamphetamine Program and a list of grant recipients, visit http://cops.usdoj.gov/Default.asp?Item=2716.
Since 1995, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of more than 127,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance. For additional information about COPS, please visit www.cops.usdoj.gov.
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Marion Couple Sentenced to Federal Prison for Enticement of a MinorRead the Press Release
A Marion husband and wife who enticed a minor to engage in criminal sexual activity were sentenced to federal prison today.
Michael Darling, age 21, received a sentence of 30 years’ imprisonment after a June 4, 2015 guilty plea to one count of enticement of a minor. Jennifer Darling, age 27, received a sentence of over 19 years’ imprisonment after a June 8, 2015 guilty plea to one count of enticement of a minor. Evidence at the sentencing hearings showed that both defendants communicated with a 15-year-old girl using Facebook and other electronic means. Both defendants enticed the victim to send them sexually explicit depictions of herself and to engage in sex acts. The victim met the defendants at their residence, where both defendants performed sex acts with her.
Both defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Michael Darling was sentenced to 360 months’ imprisonment, a special assessment of $100 was imposed, and he must also serve a 30-year term of supervised release. Jennifer Darling was sentenced to 235 months’ imprisonment, a special assessment of $100 was imposed, and she must also serve an 8-year term of supervised release. Both defendants must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Jones 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 15-39.
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Former Police Officer and Disbarred Attorney Pleads Guilty to Dealing Counterfeit CurrencyRead the Press Release
A former police officer, also a disbarred Iowa attorney, who sold counterfeit currency to an undercover agent in February of this year, pled guilty today in federal court in Cedar Rapids.
Brian Loren Stowe, age 43, from Waverly, Iowa, was convicted of one count of dealing in counterfeit currency.
In a plea agreement, Stowe admitted that he is a former police officer and attorney, whom the Iowa Supreme Court disbarred in 2013 after he was convicted on felony forgery charges and received a deferred judgment for possession of methamphetamine. In February 2015, Stowe sold $900 in counterfeit currency for $250 in real currency to an undercover law enforcement agent.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Stowe remains free on conditions of release set by the court pending sentencing. Stowe faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 in special assessment, and 3 years of supervised release following any term of imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy Vavricek and was investigated by the United States Secret Service, the Iowa Department of Public Safety, Divisions of Narcotics Enforcement and Criminal Investigation, the Waterloo Police Department, the Palo Alto County Sheriff’s Office, and the United States Department of State, Diplomatic Security Service.
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-2034.
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Northeast Iowa Woman Pleads Guilty to Conspiracy to Commit Mail FraudRead the Press Release
A woman who agreed to mail counterfeit money orders as part of a scheme to defraud people across the country, pled guilty today in federal court in Cedar Rapids.
Shirley Hills, age 51, from Oelwein, Iowa, was convicted of one count of conspiracy to commit mail fraud.
In a plea agreement, Hills admitted that, in March 2013, United States Postal Service investigators discovered she was sending counterfeit money orders and checks through the mail. When investigators confronted Hills and advised her that the money orders were counterfeit, Hills claimed she was sending them as part of a job she found on the Internet. Hills told Postal investigators she would no longer continue this practice. However, Hills further admitted in her plea agreement that, beginning in October 2013, she again started mailing counterfeit money orders to people throughout the country as part of a scheme to defraud them. She admitted the scheme involved informing these people they had been selected as “Mystery Shoppers” and should cash the money orders and then wire funds to other people designated in the instructions accompanying the counterfeit money orders. Hills admitted that, in October and November 2013, she attempted to mail $170,164.50 worth of counterfeit money orders and that, in May 2014, she also attempted to mail a package containing $401,220.60 worth of counterfeit money orders.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hills remains free on conditions of release set by the court pending sentencing. She faces a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the United States Postal Service.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 15-CR-2034.
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Northeast Iowa Man Pleads Guilty to Selling Assets Pledged as Collateral for a Farm LoanRead the Press Release
A man who had pledged assets as collateral for a United States Department of Agriculture farm operating loan and then sold those assets without notifying the Department he was doing so, pled guilty today in federal court in Cedar Rapids.
Andrew Hansen, age 36, from Decorah, Iowa, was convicted of one count of conversion of property pledged to a farm credit agency.
In a plea agreement, Hansen admitted that he pledged assets, including farm equipment and dairy goats, as security on Farm Services Agency loans he procured to operate a dairy goat farm in northeast Iowa. Hansen further admitted that, in August 2013, without notifying the Farm Services Agency, he sold goats that he had pledged as security on the loans and then used the proceeds from the sale for his own purposes rather than to pay off the farm loans. He also admitted to selling various pieces of farm equipment that he had also pledged as security on the loans.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hansen remains free on conditions of release set by the court pending sentencing. Hansen faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the United States Department of Agriculture.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 15-CR-2039.
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New York Man Pleads Guilty to Selling Counterfeit MerchandiseRead the Press Release
A man who was selling counterfeit merchandise at a “Clearance Sale” located on 16th Ave. S.W. in Cedar Rapids, Iowa, pled guilty today in federal court in Cedar Rapids.
Yahya Jawad, age 57, from Binghamton, New York, was convicted of one count of trafficking in counterfeit goods.
In a plea agreement, Jawad admitted that on January 9, 2015, he was selling counterfeit merchandise at a “Clearance Sale.” Law enforcement officers purchased three counterfeit items from him including a pair of headphones that appeared to be “Beats Audio” headphones and two purses. One appeared to be a “Michael Kors” purse and the other a “Louis Vuitton” handbag. After confirming that these items were counterfeit, law enforcement officers returned to the “Clearance Sale” and seized additional counterfeit items, including more headphones and purses, as well as other clothing items.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Jawad remains free on conditions of release set by the court pending sentencing. Jawad faces a possible maximum sentence of 10 years’ imprisonment, a $2,000,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Department of Homeland Security.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 15-CR-83.
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Gang Member to Federal Prison for Drug ConspiracyRead the Press Release
A man who distributed crack cocaine for nearly a decade was sentenced today to more than twenty years in federal prison.
Albert Allen, Jr., 30, from Cedar Rapids, Iowa, received the prison term after a guilty plea to conspiracy to distribute 280 grams or more of cocaine base, a/k/a crack cocaine. At the guilty plea, Allen admitted he and his co-conspirators agreed to distribute over 280 grams of crack cocaine. At sentencing, Allen was found to be a leader of an organization responsible for distributing more than two kilograms of crack cocaine in the Cedar Rapids area since 2002.
Allen was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Allen 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.
Allen’s sentence was ordered to run consecutive to a previously imposed 60-year sentence, which followed his conviction for First Degree Murder in Cook County, Illinois. As a condition of his supervised release, Allen was ordered to have no association with other gang members.
Allen 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 a joint effort between the Drug Enforcement Administration (DEA) Task Force and the Federal Bureau of Investigation (FBI) Safe Streets Task Force. The DEA Task Force consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City
Police Department; the Clinton Police Department; the Iowa Division of Narcotics Enforcement; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Sixth Judicial District Department of Correctional Services, High Risk Unit (HRU); and the Iowa National Guard. The FBI Safe Streets Task Force consists of the FBI; the Cedar Rapids Police Department; and the Sixth Judicial District Department of Correctional Services, High Risk Unit (HRU).
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-66.
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Nebraska Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced September 24, 2015, to six years in federal prison.
Jose William Orellana, 42, from South Sioux City, Nebraska, received the prison term after a May 22, 2015, jury verdict finding him guilty of conspiracy to distribute methamphetamine.
Evidence at trial showed Orellana participated in a conspiracy that distributed methamphetamine in Sioux City, Iowa and South Sioux City, Nebraska. Law enforcement officers gathered incriminating evidence through surveillance, and a series of covert drug buy operations from September 2013 through May 13, 2014.
Orellana was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Orellana was sentenced to 72 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.
Orellana is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the 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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4046.
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Iowa Man to Federal Prison for Firearm and Meth ConvictionsRead the Press Release
A man who conspired to distribute methamphetamine and illegally possessed a firearm was sentenced September 15, 2015, to ten years in federal prison.
William Dean Rees, 27, from Fort Dodge, Iowa, received the prison term after a May 5, 2015, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possession of a firearm by a felon.
At the guilty plea, Rees admitted his involvement in a conspiracy from May 2014 through August 2014 that distributed more than 150 grams of actual (pure) methamphetamine. On August 18, 2014, law enforcement executed a search warrant at Rees’ residence and seized a number of items, including over 53 grams of actual (pure) methamphetamine, 9mm handgun, ammunition, digital scales, over $4,000, and other drug paraphernalia. Rees further admitted he had Jacob Jamison purchase two Hi-Point 9mm handguns for him as Rees was unable to purchase or possess firearms since he was a felon.
Rees was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Rees was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Rees is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Webster County Sheriff’s Office, Pocahontas Police Department, Pocahontas Sheriff’s Office, and Calhoun County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3045.
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Spencer Chiropractor to Pay $62,349 to Resolve False Claims Act AllegationsRead the Press Release
Elizabeth Kressin, D.C., from Spencer, Iowa, has agreed to pay $62,349 to resolve allegations she violated the False Claims Act by improperly billing the Medicaid system for medically unnecessary chiropractic procedures and for the treatment of conditions for which payment is not allowed, including bed wetting, colic and ear infections. The government alleged that Kressin caused the submission of the improper claims from January 1, 2008, through June 30, 2015. The claims settled by the agreement are allegations only; there has been no admission or judicial determination of liability.
“The civil False Claims Act was created to serve as a tool for combating fraud, waste and abuse in federally funded programs,” emphasized Kevin W. Techau, United States Attorney for the Northern District of Iowa. Techau noted that this case puts providers on notice, indicating “This recovery sends the message that health care providers must comply with all applicable state and federal regulations when billing the United States Government for services, or they will face consequences.”
The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Resources and initiated by the State of Iowa’s Medicaid Program Integrity Unit. False Claims Act cases also arise under the qui tam, or whistleblower provision of the Act. Under those provisions, a private party may file suit on behalf of the United States for false claims and share in any recovery.
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Fort Dodge Man to Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced September 22, 2015, to ten years in federal prison.
John Quillen, Jr., 41, from Fort Dodge, Iowa, received the prison term after an April 27, 2015, guilty plea to conspiracy to distribute methamphetamine following a conviction for a prior felony drug offense. Quillen was previously convicted of conspiracy against the rights of others/arson (cross-burning) and conspiracy to distribute methamphetamine in 1999.
At the guilty plea, Quillen admitted his involvement in a conspiracy from January 2014 through November 2014 that distributed more than 50 grams of methamphetamine. Quillen also admitted to selling over 10 grams of actual (pure) methamphetamine to an individual cooperating with law enforcement.
Quillen was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Quillen was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve an eight-year term of supervised release after the prison term. There is no parole in the federal system. Quillen is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, Fort Dodge Police Department and Webster County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3059.
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Fort Dodge Man Sentenced to Federal Probation for Straw Purchase of FirearmsRead the Press Release
A man who transferred firearms to a felon was sentenced September 22, 2015, to federal probation.
Jacob Blaze Jamison, 25, from Fort Dodge, Iowa, received the prison term after a June 26, 2015, guilty plea to sale or transfer of firearms to a felon and false statement during the purchase of firearms.
At the guilty plea, Jamison admitted he purchased two Hi-Point 9mm handguns for William “Billy” Rees. Rees was a felon and unable to purchase the firearms directly.
Jamison was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jamison was sentenced to one year of federal probation. A special assessment of $200 was imposed.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Webster County Sheriff’s Office, Pocahontas Police Department, Pocahontas Sheriff’s Office, and Calhoun County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-3004.
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Chicago Man Charged with Stealing a Handgun from a Cedar Rapids Gun ShopRead the Press Release
Dante Glinn, age 22, from Chicago, Illinois, has been charged with one count of theft of a firearm from a licensed firearms dealer and one count of possession of a stolen firearm. The charges are contained in a Complaint filed on August 28, 2015. Glinn was arrested in Chicago on August 31, 2015, and made his initial appearance yesterday in United States District Court in Cedar Rapids.
The Complaint alleges that, on or about August 25, 2015, Glinn entered the Sports Outfitters, a licensed firearms dealer located in Cedar Rapids, during business hours. As Glinn walked by a display case, he reached over the case, opened the door, removed a Kimber .45 caliber pistol, and then fled from the store with the pistol.
If convicted on all charges, Glinn faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
Glinn appeared yesterday in federal court in Cedar Rapids and was held pending a detention hearing on Thursday, September 24, 2015, at 8:00 a.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Cedar Rapids Police Department and the FBI Safe Streets Task Force. Court file informationavailable: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-mj-00276.
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Cedar Rapids Man Pleads Guilty to Heroin and Fentanyl Conspiracy Resulting in Four Injuries, Two Deaths in 2015Read the Press Release
A man who conspired to distribute heroin and fentanyl that led to several overdoses and deaths pled guilty today in federal court in Cedar Rapids.
DeShaun Anderson, age 43, from Cedar Rapids, Iowa, was convicted of conspiracy to distribute heroin and fentanyl resulting in serious bodily injury and death.
At the plea hearing, Anderson admitted he conspired with others to distribute heroin and another powerful opiate, fentanyl, in Cedar Rapids. Anderson admitted that, on four occasions, users suffered serious bodily injury as a result of using the substances either he or his co-conspirators distributed. He also admitted that two individuals died as a result of using substances distributed by the co-conspirators. All of the deaths and overdose injuries admitted by Anderson occurred between late February and mid-April of this year. Court documents reflect that, between January and April 2015, at least four other individuals lost consciousness, but did not suffer serious injuries, after using drugs distributed by Anderson or his co-conspirators.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Anderson remains in custody of the United States Marshal pending sentencing. Anderson faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $100 in special assessments, and at least 6 years, and up to a lifetime, of supervised release following any imprisonment.
The case is being investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00046-LRR.
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Officer of Country Bancorporation Charged with Stealing more than $800,000 from Banks Controlled by the CompanyRead the Press Release
Heidi Wagler, age 50, from Wayland, Iowa, has been charged with one count of embezzlement by a bank officer. The charge is contained in an Information filed on September 21, 2015, in United States District Court in Cedar Rapids.
The Information alleges that, between June 2004 and October 2013, Wagler, while an officer of the company, caused banks controlled by Country Bancorporation to issue her $864,835 in additional compensation to which she was not entitled.
If convicted, Wagler faces a possible maximum sentence of 30 years’ imprisonment, a fine of up to twice the loss resulting from her offense, a $100 special assessment, and five years of supervised release following any imprisonment. Wagler could also be ordered to pay restitution to any victims.
Wagler’s first appearance in federal court in Cedar Rapids for an arraignment and plea hearing is set for October 6, 2015.
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 Anthony Morfitt and was investigated by the FBI and FDIC.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-00089.
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Four Men Charged with Unlawful Firearm PossessionRead the Press Release
Keith Diante Moore, Jr., age 30, Derek Anthony Hughes-Doby, age 28 Treundes Lydell Howell, age 28, and Cecil Bernard Howell, age 45, have been charged with unlawfully possessing a firearm. The charges are contained in a Complaint filed on September 14, 2015, in United States District Court in Cedar Rapids.
The Complaint alleges that, on or about September 10, 2015, defendants each possessed a Glock .40 caliber pistol while being unlawful users of marijuana. Federal law prohibits users of illegal controlled substances from possessing firearms.
If convicted, each defendant faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
Defendants Keith Diante Moore, Jr., and Treundes Lydell Howell appeared on September 15, 2015, in federal court in Cedar Rapids, and were ordered detained without bond after a detention hearing on September 18, 2015.
Defendants Derek Anthony Hughes-Doby and Cecil Bernard Howell remain fugitives. Anyone with information regarding the whereabouts of Derek Anthony Hughes-Doby or Cecil Bernard Howell is asked to contact the Cedar Rapids Police Department at (319) 286-5491 or Linn County Crime Stoppers at 1-800-CS-CRIME (272-7463).
Derek Anthony Hughes-Doby is a 28-year-old black male, approximately 5 feet, 10 inches tall. He is pictured below:
Cecil Bernard Howell is a 45-year-old black male, approximately 5 feet, 8 inches tall and approximately 195 pounds. He is pictured below:
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 C.J. Williams and Special Assistant United States Attorney Ravi T. Narayan and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, Cedar Rapids Police Department, and the Sixth Judicial District Department of Correctional Services.
Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-MJ-281.
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Six-Time Cedar Rapids Felon Sent to Prison for the Maximum Ten Years for Possessing a Firearm and AmmunitionRead the Press Release
A convicted felon who possessed a firearm and ammunition on the streets of Cedar Rapids in March was sentenced yesterday to ten years in federal prison, the statutory maximum sentence possible for his crime.
Gregg Morris McGee a/k/a “Jimmy Ray Williams” a/k/a “Mykiel Lewis” a/k/a “Calvin McGee,” age 38, from Cedar Rapids, Iowa, received the prison term after a June 8, 2015, guilty plea to one count of possessing a firearm and ammunition as a felon.
At the guilty plea hearing, McGee admitted that he knowingly possessed a Glock Model 17, 9mm pistol and Remington-Peters 9mm ammunition. At the plea hearing, McGee also admitted to six prior felony convictions in state court for theft in the second degree, forgery, and possession of a simulated controlled substance with intent to deliver.
McGee was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. McGee is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the FBI’s Safe Streets Task Force.
Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00040.
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Felon Who Sold Stolen Weapons Sentenced to Ten YearsRead the Press Release
A six-time felon who stole weapons and sold them after burglarizing homes was sentenced yesterday to ten years in federal prison.
Dustin Wilson, age 37, from rural Center Junction, received the prison term after a May 15, 2015, guilty plea to a one-count Indictment charging him with being a felon in possession of a firearm.
At the guilty plea hearing, Wilson admitted that, on January 1, 2013, he possessed two stolen firearms. Prior to this possession he had been convicted of six felony offenses, five of which involved drug related crimes. During sentencing, it was revealed that Wilson had obtained these weapons after burglarizing a home. He later sold them. Evidence also showed that Wilson had burglarized another home several months earlier and sold a weapon he had taken during that burglary.
Wilson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. He was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Wilson 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 Steve Young and investigated by the Jones County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00035.
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