Northern District of Iowa

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.

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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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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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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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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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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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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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.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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An admitted drug user who possessed a weapon was sentenced yesterday to over four years in federal prison.

Elijah Devonn Oshay Morse, age 20, from Cedar Rapids, received the prison term after a June 8, 2015, guilty plea to a one-count Indictment charging him with being an unlawful user of a controlled substance while in possession of a firearm.

At the guilty plea hearing, Morse admitted that, on December 4, 2014, he possessed a loaded .357 handgun.  He also admitted that he was a frequent user of marijuana. During sentencing it was revealed that Morse was arrested on December 4 on an outstanding warrant alleging that he fired several shots from the .357 at two individuals standing outside on a porch in Cedar Rapids.  He was 19 at the time of this shooting.  No one was injured but there were also people inside the residence including children. At the time of his arrest, in addition to possessing the loaded handgun Morse possessed a large sum of money and 13 grams of cocaine.

Morse was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 57 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.

Morse 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 FBI Safe Streets Task Force.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-00032.

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Jalel Aossey, age 40, and Yahya Nasser Aossey, age 45, both of Cedar Rapids, Iowa, and owners of Midamar Corporation (Midamar) and ISA, Inc., d/b/a “Islamic Services of America” (ISA) pleaded guilty today in United States District Court in Cedar Rapids.

Jalel Aossey, President of Midamar, pleaded guilty to Count 1 of the indictment filed December 5, 2014, charging a conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud.

As part of the factual stipulations submitted in support of the guilty plea, it was established Jalel Aossey knew USDA establishment numbers were falsified on meat products and documents in order to export beef products to Malaysia and Indonesia.  He also knew several representations made on the corporate websites of Midamar and ISA were false and fraudulent, including claims that: 1) certain beef products had been “hand-slaughtered by a Muslim slaughterman;” 2) “the use of penetrative captive bolt stunning negates the Halal slaughter process,” despite the fact that meat products sold by Midamar and certified as Halal by ISA had been killed using brain penetrating captive bolt stunning; and 3) Kosher is different than Halal, yet sold Kosher-slaughtered meat as Halal.  

As part of the plea agreement Jalel Aossey will be required to resign any position he now holds with Midamar or North American Halal Food Industries (HFP) (another Cedar Rapids business owned by the Aosseys), entities regulated by the United States Department of Agriculture (USDA).  Jalel Aossey further agreed to divest himself of any ownership in either business, and to take no part in the operations of either business for a period of five years.  Jalel Aossey will be permitted to file an appeal challenging the jurisdiction of district court.

The conspiracy charge is punishable by: (1) up to five years’ imprisonment without the possibility of parole; (2) a fine of up to $250,000 or twice the gross gain or loss resulting from the offense, whichever is greater; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to three years.

­Yahya Aossey pleaded guilty as a responsible corporate officer to two counts of selling, transporting, and offering for sale and transportation in commerce, meat and meat food products that were misbranded at the time of sale or transportation, as alleged in an Information filed yesterday.  As part of his plea agreement, prosecution on the conspiracy charge contained in Count 1 of the Indictment will be deferred for a period of five years, subject to compliance with the terms of a pretrial diversion agreement.

The misbranding charges are each punishable by: (1) up to one year imprisonment without the possibility of parole; (2) a fine of up to $100,000; (3) a mandatory special assessment of $25; and (4) a term of supervised release of up to one year.

In addition to the above pleas of guilty, Jalel Aossey, Yahya Aossey, Midamar Corporation, and HFP will be subject to terms and conditions of consent decrees entered into with the USDA.  Pursuant to those agreements, each of the parties will be required abide by certain conditions concerning the oversight and management of the food businesses.  Any violation of those consent agreements could result in the USDA revoking the operating authority of Midamar or HFP.  

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General Office of Investigations, and 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-00138-LRR.

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Midamar Corporation (Midamar), a distributor of Halal foods, and ISA Inc. and Islamic Services of America, Inc., (collectively ISA) a globally recognized Halal certifier, both of Cedar Rapids, Iowa, each pleaded guilty this afternoon in United States District Court in Cedar Rapids to one count of conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud.

Midamar’s guilty plea was entered by its Treasurer and a corporate director, Yahya Nasser Aossey.  ISA’s guilty plea was entered by its President, Secretary, registered agent, and corporate director Jalel Aossey.

The conspiracy charge is punishable by: (1) a term of probation of at least one year but not more than five years; (2) a fine of up to $500,000 or twice the gross gain or loss resulting from the offense, whichever is greater; and (3) a mandatory special assessment of $400.

In addition, each business has agreed to the entry of a judgment of forfeiture in the amount of $600,000 as representing proceeds derived from wire fraud.

­A sentencing date has not yet been set.

Midamar and ISA’s founder, William B. Aossey, Jr., was convicted by a jury in July on related charges and is currently detained at the Linn County Jail, awaiting sentencing.

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General Office of Investigations, and 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-00138-LRR.

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A man who unlawfully possessed a loaded handgun in April pled guilty on September 4, 2015, in federal court in Cedar Rapids.

Darius Devon Flowers, age 26, from Cedar Rapids, was convicted of being a felon and domestic abuser in possession of a firearm and ammunition.

At the plea hearing, Flowers admitted that prior to possessing the loaded handgun in April 2015, he had previously been convicted of two felony offenses and two misdemeanor domestic abuse offenses. Public filings allege that on April 22, 2015, Cedar Rapids police were dispatched to a call of a male in possession of a firearm at a residence.  A witness at the scene reported Flowers, who appeared to be intoxicated, arrived at her door, showed her the firearm, and told her to call him if she needed him for anything or needed him to “handle anything.”  The female called the Cedar Rapids Police Department and provided a description of the vehicle in which Flowers was a passenger.  Cedar Rapids Police found the vehicle shortly thereafter, and found the loaded handgun underneath Flowers’s seat.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Flowers remains in custody of the United States Marshal pending sentencing.  Flowers faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment.

The case was investigated by the Cedar Rapids Safe Street Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Immigration and Customs Enforcement; United States Marshals Service; Iowa Division of Criminal Investigation; Cedar Rapids Police Department; Marion Police Department; Sixth Judicial District Department of Correctional Services; Linn County Sheriff’s Office; and Iowa Department of Inspections and Appeals.  The case is being 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 numbers are 15-CR-0068-LRR and 15-MJ-00189.

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Donita Urban, 46, and Brian Swartz, 48, from Waterloo, Iowa and Scott Mathews, 51, Daniela Castellanos, 28, Rogelio Avalos-Sanchez, 22, Jennifer Mares-Flores, 20, Miguel Mendoza, a/k/a “Loko,” 23, Alvaro Hernandez, 30, Marcos Perez-Trevino, 45, Francis Gasca, 25, and Alejandro Becerra, a/k/a Juan Flores, 27, from Marshalltown, Iowa, have been charged with one count of conspiracy to distribute methamphetamine.­  The charges are contained in an Indictment unsealed on September 1, 2015 in United States District Court in Cedar Rapids.

The Indictment alleges that, between the Spring of 2013 and continuing to the present, all individuals conspired to distribute methamphetamine.

If convicted, Urban, Swartz, Hernandez, and Perez-Trevino face a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 in special assessments, and at least five years of supervised release following any imprisonment.­  Mathews, Castellanos, Avalos-Sanchez, Mares-Flores, Mendoza, Gasca, and Becerra face a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and at least three years of supervised release following any imprisonment.

Hernandez appeared on September 1, 2015, in federal court in Cedar Rapids and was held without bond.  Urban, Swartz, Mares-Flores, and Avalos-Sanchez appeared on September 3, 2015, and were held without bond pending a detention hearing set for September 8, 2015.  Trial in this matter is set for November 2, 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 Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 15-2037.

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CEDAR RAPIDS, IOWA—Today the city of Waterloo was awarded an Edward Byrne Memorial Justice Assistance Grant by the United States Department of Justice for fiscal year 2015.  The $58,833 grant will be used in a joint effort by the City of Waterloo, Cedar Falls and Black Hawk County to provide continuing support for the Tri-County Drug Enforcement Task Force.

The Task Force is a multi-jurisdictional law enforcement unit responsible for investigating drug related crimes.  The funds from this grant will be used to investigative major drug related crimes and support prosecution efforts.

United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “This grant supports the common federal, state and local goal of strengthening law enforcement capabilities to investigate targets for the successful prosecution of drug traffickers.”         

Currently, the Tri-County Drug Enforcement Task Force has full time investigators from the Waterloo and Cedar Falls Police Departments and the Black Hawk County Sheriff’s Office assigned to it.  The Task Force investigates targets and assists in the prosecution of drug traffickers.  It also responds to citizens’ complaints and concerns related to drug investigations.

In fiscal year 2014, the Task Force initiated 430 cases and made 173 arrests.  It also seized $301,030 in cash and a large amount of illegal drugs with an estimated street value of $2,195,797.  It also processed 17 methamphetamine lab sites.

This continued funding will assist in the enforcement against major drug trafficking organizations. The dismantling of these organizations is a priority and has resulted in the disruption of the distribution in the tri-county area of crack cocaine, marijuana, methamphetamine, heroin, hash oil and other illegal narcotics.

The Office of Justice Programs (OJP), which oversees these grants, 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. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. OJP does not directly carry out law enforcement and justice activities. Instead, 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.

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Michael Cottrell, age 43, of Reinbeck, Iowa, has been charged with one count of receipt of child pornography and one count of possession of child pornography.  The charges are contained in an Indictment unsealed on August 27, 2015, in United States District Court in Cedar Rapids.

The Indictment alleges that, between 2012 and 2014, Cottrell received and possessed child pornography.

If convicted, Cottrell faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of forty years’ imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Cottrell appeared for a detention hearing on August 31, 2015, in federal court in Cedar Rapids and was released on bond.  Cottrell’s next appearance for trial is set for October 26, 2015.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and 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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The Department of Justice announced today an agreement with Cedar Rapids, Iowa, to improve access to all aspects of civic life for people with disabilities in Cedar Rapids.  This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), which the Civil Rights Division plays a critical role in enforcing. 

Cedar Rapids and the Department of Justice reached an agreement under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA.  Under the agreement, the city is required to ensure that people with disabilities can fully take advantage of the city’s services, programs and activities.

“Over the last 25 years, the ADA has required states and local governments to examine their facilities and provide citizens with disabilities the same program access to city services that all other citizens enjoy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “Agreements such as this one will ensure that individuals with disabilities in Cedar Rapids have more access to city services and programs which is essential for them to enjoy their civil right to full participation in American life.”

The agreement with Cedar Rapids will allow people with disabilities, like Catherine Hafsi and Cherie Clark, to access county services, programs and activities.  Ms. Hafsi, who uses a walker, encountered problems with the entrance door to the parking pay system in a municipal lot across from the federal courthouse as well as with sidewalks when she visited the Fair Housing Office at the Veteran’s Memorial Building.  Similarly, Ms. Clark, who uses a wheelchair and a walker, has encountered several accessibility issues with sidewalks and entrances to city facilities in Cedar Rapids.  Experiences like these, however, will become a thing of the past over the next four years thanks to the PCA agreement.  More of Ms. Hafsi’s and Ms. Clark’s stories are on the Justice Department blog, where each month of 2015, the department is highlighting how PCA agreements have an impact on the everyday lives of people with disabilities.

Under the agreement, Cedar Rapids will install, repair or replace thousands of sidewalks and curb ramps throughout Cedar Rapids to bring them into compliance with current ADA standards to improve access for persons with disabilities.  Cedar Rapids will also ensure that its city parking lots and toilet rooms are accessible to persons with disabilities and enhance accessibility throughout the city’s park system.     

This agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments.  The four-year agreement will remain in effect until September 1, 2019.  The department will actively monitor compliance with the agreement.        

For more information about the ADA, today’s agreement, the Project Civic Access initiative, or the ADA Best Practices Tool Kit for state and local governments, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

CEDAR RAPIDS, IOWA – The Department of Justice announced today an agreement with Cedar Rapids to improve access to all aspects of civic life for people with disabilities in the city.  This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), which the Civil Rights Division plays a critical role in enforcing.

Cedar Rapids and the Department of Justice reached an agreement under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA.  Under the agreement, the city is required to ensure that people with disabilities can fully take advantage of the city’s services, programs and activities.

“Today's agreement represents a significant step towards ensuring all members of our community are treated fairly," said Kevin W. Techau, United States Attorney for the Northern District of Iowa.  "As our nation celebrates the 25th anniversary of the ADA, I am proud that the city of Cedar Rapids has taken this opportunity to work with the Department of Justice to enhance the lives of all of its citizens.”

“Over the last 25 years, the ADA has required states and local governments to examine their facilities and provide citizens with disabilities the same program access to city services that all other citizens enjoy,” said Principal Deputy Attorney General Vanita Gupta, head of the Civil Rights Division.  “Agreements such as this one will ensure that individuals with disabilities in Cedar Rapids have more access to city services and programs which is essential for them to enjoy their civil right to full participation in American life.”

The agreement with Cedar Rapids will allow people with disabilities, like Catherine Hafsi and Cherie Clark, to access county services, programs and activities.  Ms. Hafsi, who uses a walker, encountered problems with the entrance door to the parking pay system in a municipal lot across from the federal courthouse as well as with sidewalks when she visited the Fair Housing Office at the Veteran’s Memorial Building.  Similarly, Ms. Clark, who uses a wheelchair and a walker, has encountered several accessibility issues with sidewalks and entrances to city facilities.  Experiences like these, however, will become a thing of the past over the next four years thanks to the PCA agreement.

Under the agreement, Cedar Rapids will install, repair or replace thousands of sidewalks and curb ramps throughout the city to bring them into compliance with current ADA standards to improve access for persons with disabilities.  Cedar Rapids will also ensure that its city parking lots and toilet rooms are accessible to persons with disabilities and enhance accessibility throughout the city’s park system.        

This agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments.  The four-year agreement will remain in effect until September 1, 2019.  The department will actively monitor compliance with the agreement.        

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A man who was found in possession of a loaded handgun pled guilty yesterday in federal court in Cedar Rapids.  Treshawn Smith, age 19, from Cedar Rapids, Iowa, was convicted of one count of being an unlawful user of marijuana in possession of a loaded handgun.

In a plea agreement, Smith admitted that he was nearby when Cedar Rapids Police were conducting a traffic stop on July 10, 2015, in the 4000 block of 20th Avenue SW.  While conducting the traffic stop officers saw Smith throw an object nearby.  The officers recognized it as a weapon and retrieved a loaded .38 caliber handgun.  Smith claimed some unknown man had just handed it to him to look at as a possible purchase for $100.  Smith admitted he was an unlawful user of marijuana and provided a urine sample that tested positive for marijuana.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Smith remains in custody of the United States Marshal pending sentencing.  Smith faces a possible maximum sentence of 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 FBI Safe Streets Task Force and the Cedar Rapids Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-0081.

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A man who conspired to distribute methamphetamine was sentenced August 21, 2015, to five years in federal prison.

Chrishirwn West, 27, from Sioux City, Iowa, received the prison term after a May 12, 2015, guilty plea to one count of conspiracy to distribute methamphetamine.

At the guilty plea, West admitted his involvement in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine from October 2014 through December 2014 in the Sioux City area.  On October 21, 2014, during an undercover controlled drug transaction, West sold 41.8 grams of actual (pure) methamphetamine to the undercover agent.

West was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  West was sentenced to 60 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.  West 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 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 15-4004.

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A man who unlawfully possessed a shotgun pled guilty today in federal court in Cedar Rapids.  Matthew Robbins, age 42, from Ely, Iowa, was convicted of one count of being a felon and unlawful drug user in possession of a firearm.

In a plea agreement, Robbins admitted that in 2014 he was an unlawful user of controlled substances, including methamphetamine, and had been convicted of eight felony offenses, namely:

1. Conspiracy to Commit Robbery in the Second Degree (Sept. 6, 1991);
2. Burglary in the Third Degree (Feb. 10, 1995);
3. Dominion and Control of a Firearm as a Felon (Feb. 10, 1995);
4. Operating While Intoxicated, Third Offense (Mar. 1, 1995);
5. Possession with Intent to Deliver a Controlled Substance (Dec. 4, 1998);
6. Operating While Intoxicated, Third Offense (Aug. 29, 2007);
7. Attempt to Elude (Aug. 29, 2007); and
8. Operating While Intoxicated, Third Offense (April 4, 2013).

Robbins admitted that, in about the Spring of 2014, he took possession of an Iver Johnson, 12 gauge shotgun.  The shotgun had been left at Robbin’s residence near Ely, Iowa, located in the Northern District of Iowa, by another person.  Robbins later had a friend store the shotgun at the friend’s residence for safekeeping.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  Robbins remains in custody of the United States Marshal pending sentencing.  Robbins will be sentenced to ten years’ imprisonment, unless he is determined to be an Armed Career Criminal based on his criminal history.  If he is an Armed Career Criminal, Robbins will be sentenced to fifteen years’ imprisonment.  Robbins also faces a possible maximum fine of $250,000, $100 in special assessments, and up to three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney C.J. Williams and Special Assistant United States Attorney Erin Eldridge.  The case was investigated by the Marion Police Department, Linn County Sheriff’s Office, Iowa Division of Criminal Investigation, 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-129-MWB.

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A Waterloo man who conspired to distribute large quantities of methamphetamine and was a felon in possession of a firearm pled guilty yesterday in federal court in Cedar Rapids.

Derrick Plunkett, 37, from Waterloo, Iowa, was convicted of one count of conspiracy to distribute 500 grams or more of methamphetamine with a prior felony drug conviction and one count of possession of a firearm with three or more felony convictions for violent or serious drug crimes.

At the plea hearing, Plunkett admitted that he worked with others to distribute well more than 500 grams of methamphetamine in the Waterloo, Iowa, area between the spring of 2013 and May 2015.  Plunkett admitted that on April 7, 2015, he was in possession of a Glock firearm and had previously been convicted of at least three felony offenses, specifically: Robbery-Second Degree and two separate cases of possession with intent to deliver methamphetamine.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Plunkett remains in custody of the United States Marshal pending sentencing.  For the drug charge, Plunkett faces a mandatory minimum sentence of 20 years’ imprisonment and the following maximum penalties: (1) not more than life imprisonment without the possibility of parole; (2) a fine of not more than $20,000,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 10 years to life.

For the firearms charge, Plunkett faces a mandatory minimum sentence of 15 years’ imprisonment without the possibility of parole and the following maximum penalties: (1) not more than life imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of not more than 5 years.

The case was prosecuted by Assistant United States Attorneys Patrick J. Reinert and Lisa Williams, and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 15-2035.

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A Mexican man who used fraudulent identification documents and a fictitious Social Security number to obtain employment in the United States was convicted by a jury on August 26, 2015, after a one-day trial in federal court in Cedar Rapids.

Jose Miguel Machorro-Xochicale, age 28, a Mexican living in Lime Springs, Iowa, was convicted of one count of unlawful use of identification documents and one count of misuse of a Social Security account number.  The verdict was returned on August 26, 2015, following about four hours of jury deliberations.

The evidence at trial showed that Machorro-Xochicale, a Mexican citizen not lawfully admitted into the United States, used a fraudulent permanent resident card and a fraudulent Social Security card when applying to work in the United States on October 31, 2014.  The fraudulent permanent resident card had Machorro-Xochicale’s picture with an identification number assigned to a female from Iran.  Machorro-Xochicale represented that the Social Security number belonged to him but in fact it was an invalid number.

Sentencing before Senior United States Circuit Judge Michael J. Melloy will be set after a presentence report is prepared.  Machorro-Xochicale remains in custody of the United States Marshal pending sentencing.  He faces a possible maximum sentence of 15 years’ imprisonment, a $500,000 fine, $200 in special assessments, and three years of supervised release following any imprisonment.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-2020.

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ANKENY, IOWA –Federal, state and local public safety agencies are meeting today at the Des Moines Area Community College-Ankeny Campus for an all-day Railroad Safety Symposium. The program is providing a national overview of rail transportation issues as well as railroad safety issues specific to Iowa. The first of its kind conference is hosted by Kevin W. Techau, U.S Attorney for the United States Attorney’s Office for the Northern District of Iowa.

Federal and State agencies participating as presenters include United States Attorney’s Office for the Northern District of Iowa, Federal Railroad Administration (FRA), Iowa Homeland Security & Emergency Management, Iowa DOT Office of Rail Transportation, and the Pipeline & Hazardous Materials Safety Administration (PHMSA). The purpose of the Symposium is to bring together members of agencies that work in all aspects of public safety at the federal, state and local level, to better understand and be better prepared to address safety challenges connected to railroad, and hazardous materials railroad transportation.  The primary audience attending the meeting is comprised of Iowa law enforcement, Iowa fire fighters and Iowa county emergency management personnel.

Primary topics presented at the symposium include:

• Making clear what agency is responsible for monitoring and regulating railroad traffic in the United States and Iowa. Discussing Federal Railroad Administration’s and other federal/state agency responsibilities specific to railroads and railroad traffic.

• Describing how the Federal Railroad Administration & PHMSA conducts railroad inspections.

• Presenting an overview of prevention initiatives related to railroad derailments, train accidents, rail trespass, and sabotage for rail transportation.

• Detailing emergency preparation and incident management for rail transportation and to include response and recovery and environmental clean-up related to rail incidents.

• Discussing issues around rail trespass, railroad crossing safety, quiet zones and community livability issues.

United States Attorney Kevin W. Techau stated, “Safe and efficient rail transportation is vital to the day-to-day lives of all Iowans. The purpose of the Iowa Railroad Safety Symposium is to bring together federal, state and local level public safety officials to facilitate the best preparation possible for all of the safety challenges connected to railroad transportation and specifically rail hazardous materials transportation.”

“At the Federal Railroad Administration, safety is our number one priority,” said FRA Regional Administrator Steve Fender. “The 2015 Iowa Rail Safety Symposium offers us a great opportunity to underscore FRA's safety message, and we look forward to sharing information about our organization and developing lasting relationships with safety professionals in the State of Iowa.”

Iowa partners also weigh in on the importance and timeliness of the symposium.  “With the shipment of hazardous cargo on the rise, it is more important than ever to work closely with all of our stakeholders,” said Iowa Department of Homeland Security and Emergency Management Director Mark Schouten. “Events such as this symposium help us to be better prepared to respond to protect life, safety, property and the environment, and to more quickly recover from any and all hazardous materials incidents.”

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A man who distributed child pornography was sentenced August 19, 2015 to thirteen years in federal prison.

James Ney, age 33, of Hawarden, Iowa, received the sentence after a February 19, 2015 guilty plea to one count of distribution of child pornography.  At the guilty plea hearing, Ney admitted that, in 2013, he distributed child pornography to others.

Ney was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Ney was sentenced to 156 months’ imprisonment.  A special assessment of $100 was imposed, and he must also serve a five-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 Homeland Security Investigations.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-4072.

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A man who illegally re-entered the country and then used a false social security number to obtain employment was sentenced on August 20, 2015, to time served.

Elmer Gomez-Ordonez, age 36, from Guatemala, received the prison term after a June 25, 2015, guilty plea to one count of illegal re-entry of a removed alien and one count of use of a false social security number.

At the guilty plea, Gomez-Ordonez admitted he illegally re-entered the United States after being deported on March 9, 2012, and that he had used a false social security number to obtain employment in Wright County.  In April of 2015, Immigration and Customs Enforcement (ICE) agents learned that Gomez-Ordonez had been arrested and charged with OWI in Wright County, Iowa, on March 20, 2015.  Immigration records reflected Gomez-Ordonez was a citizen of Guatemala and had previously been removed from the country in 2012.  Agents discovered Gomez-Ordonez was employed in Eagle Grove, Iowa, under a different name.  Records obtained at his place of employment reflected he had used a false social security number to obtain employment.    

Gomez-Ordonez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Gomez-Ordonez was sentenced to time served. He must serve a 1-year term of supervised release.

The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE).

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-3023.

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A man who illegally re-entered the country was sentenced on August 20, 2015, to three months in federal prison.

Jose Colis-Salas, age 28, from Mexico, received the prison term after a June 26, 2015, guilty plea to one count of illegal re-entry of a removed alien.

At the guilty plea, Colis-Salas admitted he illegally re-entered the United States after being deported on April 5, 2013.   Colis-Salas came to the attention of Immigration and Customs Enforcement (ICE) officials on April 10, 2015, when he was arrested in Clay County, Iowa for failure to appear on charges of identity theft and tampering with records.

Colis-Salas was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Colis-Salas was sentenced to three 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-4040.

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SIOUX CITY, IOWA - A former Captain in the United States Air Force (USAF) who served in 2010 as a U.S. military contracting officer representative in Afghanistan, was sentenced last Thursday in United States District Court in Sioux City, Iowa, after having earlier pleaded guilty to violating restrictions on post-government employment and making a false statement to law enforcement agents, announced Assistant Attorney General Leslie R. Caldwell of the Criminal Division and U.S. Attorney Kevin W. Techau of the Northern District of Iowa.

Adam J.J. Pudenz, 35, of Carroll, Iowa, was sentenced by Senior United States District Court Judge Mark W. Bennett to serve two concurrent three-year terms of probation.  Pudenz pleaded guilty on March 10, 2015, to a two-count criminal information that charged him with willfully violating federal conflict-of-interest laws stemming from his post-government employment with an Afghan clothing manufacturer in Kabul, Afghanistan.  In addition, Pudenz pled guilty to making a false statement to federal law enforcement agents.

According to the criminal information, the plea agreement, exhibits, and other documents filed in the case, in 2010, Pudenz, then a USAF Captain, was stationed at Camp Eggers, near Kabul, Afghanistan, where he spent a year overseeing major U.S. government contracts, all held by a single Afghan company, for the provision of clothing and footwear to the Afghan National Security Forces (ANSF).  Pudenz also served on a source selection team for another major boot supply contract.

Prior to departing Afghanistan in December 2010, Pudenz began negotiating for future employment with the same Afghan company that held the contracts he administered – a fact he later denied when interviewed by U.S. law enforcement agents.  Prior to his discharge in January 2011, Pudenz received from the military a legal opinion that specifically prohibited him from working for the company that held the contracts he administered in Afghanistan.  Pudenz immediately disregarded this legal advice and signed an agreement with that company, returning to Afghanistan in March 2011.  From then until November 2011, Pudenz repeatedly lobbied U.S. government officials in person and via email on behalf of his Afghan employer.  His lobbying efforts were directly tied to the same contracts he administered as a USAF officer the year before, and in many case, Pudenz was lobbying U.S. officials in the same office in which he had worked.  In return, Pudenz was scheduled to receive $500,000 per year from his Afghan employer, of which $250,000 was paid up front in March 2011.

To cover his violation of federal law, Pudenz repeatedly told U.S. government contracting officials that he had been given “safe harbor” to represent his Afghan employer, and on several occasions gained entry to U.S. military compounds by lying to guards, telling them he was still in the U.S. military and that he still worked as a U.S. contracting official.

At the sentencing hearing, Pudenz admitted to the court that “without a doubt” he broke the law, and stated “I ignored the [legal] advice when I saw it.”  Further, “I should not have engaged on both sides of the contract as the JAG told me.”  And, “I should have found a way to take my ego out of this.”

The court found that his series of deceptions was a “substantially” aggravating factor.  However, on the whole, given his military service and the letters received from numerous friends and family members, the court found Pudenz was not likely to reoffend and sentenced him to serve terms of probation.

As part of his plea agreement with the United States, Pudenz will forfeit his home in Carroll, Iowa, purchased with his ill-gotten gains.  He also will forfeit three Afghan still rugs.

This case was investigated by the Defense Criminal Investigative Service, Air Force Office of Special Investigation, Army Criminal Investigation Command, Special Inspector General for Afghanistan Reconstruction, and the FBI.  The case was prosecuted by Trial Attorney Wade Weems of the Criminal Division’s Fraud Section and Assistant United States Attorney Richard L. Murphy of the Northern District of Iowa.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-3008.

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